Delivery is where an online store keeps or breaks its word. A customer pays first and then waits. If the parcel turns up late, damaged or not at all, the trust built by the website goes with it. The rules around delivery are also stricter than many small sellers expect.

This post covers what Australian consumer law expects from online stores on delivery. It looks at delivery promises, delays you can’t control and what to do when an order goes missing. It is general information based on guidance from the Australian Competition and Consumer Commission (ACCC). It is worth reading alongside your own terms and conditions.

The same rules apply online

The ACCC is clear that online businesses carry the same responsibilities to consumers as physical businesses. The consumer guarantees under the Australian Consumer Law apply whether a sale happens at a counter or through a checkout page. The advertising rules also cover your website, social media and other platforms. Many owners who move from a shopfront to selling online are surprised by how little changes legally. If you are weighing up that move, our look at traditional marketing vs internet marketing covers how the two channels differ in practice.

The ACCC also says shoppers are reassured when a business shows a phone number, a physical address and an ABN. It suggests showing clear steps for solving problems and arranging replacements and refunds. A delivery page that sets out timeframes, costs and what happens when things go wrong ticks that box. It also saves your inbox from the same questions every week.

Taking payment means taking on a promise

Under the Australian Consumer Law, a business must not accept payment if it knows, or should know, it can’t supply by the promised date. The same applies if it can’t supply within a reasonable time when no date was given. It is also against the law to take payment for something you don’t intend to supply, or when you intend to supply something different. This is the rule that catches stores which keep selling stock they don’t have. The ACCC sets this out in its guidance on supplying products or services that are paid for.

The ACCC also notes that a late delivery doesn’t necessarily mean a business has broken the law. What matters is what you told the customer and what you do next. If you can’t supply on time or within a reasonable time, the business must provide a solution. For a product, that will often be a refund or a replacement.

Advertised delivery times need to be realistic

The delivery window shown at checkout is a claim you make to the customer. In 2024 the ACCC sued a large retail group that runs several brand websites. It alleged the group failed to deliver several hundred thousand products on time, when its websites generally promised delivery within two to 17 business days. The ACCC alleged that more than a quarter of items were dispatched at least 20 days after purchase. Delivery claims are advertising claims, and they deserve the same care as your prices.

The safest approach is to quote timeframes you can meet in a busy week, not a quiet one. Build in the time it takes to pick, pack and hand over to the courier. If you use more than one carrier or ship to remote areas, show separate estimates. Review the numbers after peak periods and update the page when your real times change.

Delays you didn’t cause

Sometimes a delay sits well outside your control. The ACCC says a business doesn’t have to give replacement services or refunds under the consumer guarantees in one case. That is where the actions of a third party, such as government restrictions, prevented it supplying a service. In that case, refund or replacement rights generally depend on the terms of the agreement with the customer. That makes your terms and conditions worth reading again with fresh eyes.

Where you know an outside problem will hold up orders, the ACCC says you should give clear and accurate information. That includes stock availability, likely timing and the solutions you will offer. The ACCC also expects businesses to update customers about delays that arise after purchase and explain the steps they are taking. A short email explaining the hold up and the next step can stop a complaint before it starts.

Dropshipping and stock you don’t hold

Dropshipping lets a store sell goods that ship straight from a supplier. It keeps costs down, but it also puts delivery times in someone else’s hands. The ACCC says businesses that dropship should clearly disclose stock availability, where the stock comes from and likely delivery timing. If an item ships from overseas and takes weeks, say so on the product page and not just in the fine print.

Lost or damaged parcels

A parcel that goes missing is frustrating for everyone. Even so, the customer bought from you and not from the courier. The ACCC states that the basic rights covered by the consumer guarantees can’t be taken away by anything a business says or does. It gives “no refunds” signs and disclaimers of responsibility as examples, so a line in your terms that blames the courier for every problem may not protect you. It is also unlawful for a business to mislead consumers about these rights.

Your own deal with the courier is a separate matter. The ACCC notes that services to transport or store goods for business purposes are not covered by consumer guarantees. That means your protection as a sender comes mainly from the carrier’s contract terms and any cover you pay for. Check the claim process, time limits and proof of delivery options before you pick a carrier.

Good records make lost parcels far easier to sort out. They also help when a customer disputes a delivery. These habits are worth building in early.

• Use tracked services for orders above a set value.
• Keep photos of packed items for fragile or high value goods.
• Record the dispatch date and tracking number against each order.
• Ask for a signature on delivery where parcel theft is a risk.

Delivery and the rest of your site

Delivery details shape how people feel about a store before they buy. A shopper who can’t find shipping costs or times may simply leave. Clear delivery information is part of good site structure, which is one reason web design and SEO are related in more ways than people think. A delivery page also gives search engines a plain, useful page to show for shipping questions.

If you are not sure your site explains delivery well, an outside review can help. An SEO audit often picks up thin or missing policy pages along with technical issues. For bigger questions about systems, carriers and growth, an internet business consultant can look at the whole operation. Either way, the goal is a store where the delivery promise matches what really happens.

Frequently asked questions

Can I set a policy of no refunds for late delivery?

Your terms can’t take away the consumer guarantees. The ACCC says these basic rights can’t be removed by anything a business says or does. If you can’t deliver within the promised time or a reasonable time, you need to offer a solution.

Is a late delivery always a breach of the law?

No. The ACCC notes that a late delivery doesn’t necessarily mean the law was broken. What counts is if you took payment knowing you couldn’t supply, and how you respond.

Does the ACCC sort out delivery disputes?

The ACCC doesn’t resolve individual disputes about failed or delayed supply. It suggests contacting the other party first to fix the problem. Customers who paid by credit card may also be able to ask their card provider to reverse a charge, and time limits may apply.

Do these rules apply to small online stores?

Yes. The ACCC says online businesses have the same responsibilities to consumers as physical businesses. That includes the consumer guarantees and the rules against false or misleading advertising.

This article is general information about the Australian Consumer Law and is not legal advice. The law and how it is enforced can change, and each state and territory has its own fair trading agency. For advice on your own situation, speak with a qualified lawyer or your local fair trading agency.