It is illegal for a business to accept payment for products or services they do not intend to supply.
When a business accepts your payment for products or services they must supply them to you within the timeframe they have indicated or if no time was specified, within a reasonable time.
If you do not receive the products or services you have paid for, your first step should be to contact the business to try and resolve the problem.
If you are still having difficulty resolving the problem, contact your local state and territory consumer protection agency. They may be able to assist you in your dispute with the business.
Under the Australian Consumer Law, businesses must not accept payment for products or services if:
- they do not intend to supply them
- they intend to supply materially different products or services
- they know, or should have known, they would not be able to supply the products or services within the timeframe indicated or if no timeframe was provided, within a reasonable time.
This part of the law is not intended to cover businesses who genuinely try to meet supply agreements, for example, if:
- the failure to supply was due to something beyond their control, including the act or omission by another person
- they exercised due diligence and took reasonable precautions.