Company Guide

January 15, 2025

11 min read

Niptado Legal Team

Order Never Delivered But Payment Done: Get Your Refund Now

Understanding Your Legal Rights

When a seller takes your payment but fails to deliver the product, they've breached the fundamental contract of sale. Your rights are protected under multiple consumer protection laws:

The 30-Day Delivery Rule

The Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule establishes clear delivery standards:

•Sellers must ship within 30 days unless they clearly state otherwise
•If they can't meet the deadline, they must notify you and offer the option to cancel for a full refund
•If you cancel, the seller must refund your money within 7 business days (for credit cards) or one billing cycle
•Failure to deliver as promised violates federal law

State Consumer Protection Laws

Most states provide additional protections:

•Breach of contract claims when sellers fail to deliver
•Unfair or deceptive trade practices violations
•Fraud charges for intentional non-delivery with no intent to fulfill
•Automatic damages in some states (double or triple refunds)

Credit Card and Payment Protections

Payment methods offer their own safeguards:

•Credit card chargeback rights (up to 120 days after the charge)
•PayPal Purchase Protection (up to 180 days)
•Debit card dispute rights (varies by bank, typically 60-120 days)
•Digital wallet protections (Apple Pay, Google Pay, etc.)

Why Orders Never Arrive: Common Scenarios

Understanding the cause helps determine your recovery strategy:

Seller Issues

Out of Stock After Purchase

•Seller accepted payment knowing item was unavailable
•Failed to update inventory systems
•Oversold limited stock items

Business Closure or Bankruptcy

•Company went out of business suddenly
•Website still accepting orders despite closure
•No communication about business status

Fraudulent Sellers

•Scam websites designed to steal money
•Fake marketplace accounts
•Dropshipping schemes with no actual product

Shipping Address Errors

•Seller shipped to wrong address
•Failed to verify shipping details
•International shipping complications

Logistics Problems

Lost in Transit

•Package lost by shipping carrier
•Delivery to wrong location
•Stolen from delivery location

Customs Delays (International Orders)

•Held at customs for weeks or months
•Additional fees required for release
•Prohibited items confiscated

Tracking Number Issues

•Fake or invalid tracking numbers
•Tracking shows delivery but you never received it
•No tracking information provided

Systematic Delivery Failures

Ghost Shipments

•Seller creates shipping label but never ships
•Tracking shows "pre-shipment" indefinitely
•No actual package in carrier's possession

Package Theft

•Porch pirates stealing deliveries
•Stolen from apartment mailrooms
•Taken from unsecured delivery locations

Immediate Action Steps (Day 1-7)

Time is critical. Take these steps immediately:

Document Everything

Create a comprehensive evidence file:

1
Save all communications

- Order confirmation emails

- Shipping notifications

- All correspondence with seller

- Screenshots of website product listings

2
Record order details

- Order number and date

- Product description and price

- Expected delivery date

- Payment method and transaction ID

3
Track shipping status

- Screenshot tracking information daily

- Note when status last updated

- Save any delivery attempt notices

4
Photograph everything

- Your empty mailbox/doorstep

- Delivery location where package should be

- Any partial deliveries or wrong items

Contact the Seller First

Give the seller a chance to resolve the issue:

Initial Contact Email Template:

```

Subject: Urgent - Order #[NUMBER] Not Received - Refund Requested

Dear [Company Name],

I am writing regarding my order #[NUMBER] placed on [DATE] for [PRODUCT]

in the amount of $[AMOUNT].

According to your stated delivery timeframe, this order should have arrived

by [DATE]. It is now [NUMBER] days past the expected delivery date, and I

have not received the product.

[Choose one:]

•Tracking number [NUMBER] shows no movement since [DATE]
•No tracking information was ever provided
•Tracking shows delivered, but I did not receive the package

I request:

1
Immediate refund of $[AMOUNT] to my original payment method
2
Confirmation of refund processing within 48 hours
3
Explanation of what happened with this order

If I do not receive confirmation of a full refund within 3 business days,

I will proceed with:

•Chargeback through my credit card company
•Complaint to the Federal Trade Commission
•Report to state consumer protection office
•Negative reviews on all consumer platforms

I prefer to resolve this directly. Please respond within 48 hours.

Order Details:

•Order Number: [NUMBER]
•Order Date: [DATE]
•Amount Paid: $[AMOUNT]
•Expected Delivery: [DATE]
•Payment Method: [METHOD]

Sincerely,

[Your Name]

[Your Email]

[Your Phone]

[Order Number]

```

Follow Up Aggressively

Don't wait passively:

•Email daily if no response within 48 hours
•Call customer service and reference your email
•Contact on social media (Twitter, Facebook) - public pressure works
•Use live chat if available for immediate response
•Send messages through marketplace platforms if applicable

Escalation Strategies (Week 2-3)

If the seller doesn't respond or refuses to refund:

File a Chargeback Immediately

Credit Card Chargeback Process:

1
Call your credit card company (don't wait for seller)

- Use number on back of card

- Ask for "dispute department" or "chargeback team"

- Have all documentation ready

2
Provide required information:

- Transaction date and amount

- Merchant name and description

- Expected delivery date

- Proof of non-delivery

- Evidence of contact attempts

3
Submit documentation:

- Order confirmation

- Email correspondence

- Shipping tracking (showing no delivery)

- Photos/screenshots

4
Follow up weekly on chargeback status

Chargeback Success Tips:

•File within 60 days of expected delivery date (sooner is better)
•Use correct dispute reason: "merchandise not received"
•Be specific: Provide exact dates and details
•Show you tried to resolve: Prove you contacted seller
•Submit comprehensive evidence: The more documentation, the better

PayPal and Digital Payment Disputes

PayPal Buyer Protection:

1
Log into PayPal account
2
Go to Resolution Center
3
Select "Report a Problem"
4
Choose the transaction
5
Select "I didn't receive an item"
6
Provide details and evidence
7
Escalate to claim if seller doesn't respond in 20 days

Success Rate: 85-95% for non-delivery cases with proper documentation

Venmo, Cash App, Zelle Disputes:

These offer limited protection:

•Venmo: Purchases through authorized merchants may qualify for Purchase Protection
•Cash App: Some purchase protection for eligible transactions
•Zelle: Minimal protection - designed for transfers between known parties
•Strategy: If used for online purchases, contact your bank for dispute

Bank Disputes (Debit Cards)

Debit card protections are weaker but still available:

1
Contact bank immediately (timing is crucial)
2
Request "dispute form" for non-received merchandise
3
Provide all documentation
4
File within 60 days of statement date
5
Follow up weekly - banks are slower than credit card companies

Important: Money may take 10-45 days to return to account (provisional credit while investigating)

Legal Escalation (Week 3-6)

When payment disputes fail or take too long:

File FTC Complaint

The Federal Trade Commission tracks non-delivery complaints:

How to File:

1
Visit ReportFraud.ftc.gov
2
Select "Retail Shopping"
3
Choose "Did not receive items"
4
Provide detailed information:

- Company name and website

- Your contact information

- Transaction details

- Amount lost

- Description of what happened

Why This Matters:

•Creates official record
•FTC investigates patterns of fraud
•Can lead to legal action against company
•Strengthens your other disputes

State Attorney General Complaint

Your state AG's office enforces consumer protection laws:

Filing Process:

1
Find your state AG's consumer protection division website
2
Complete online complaint form
3
Include all documentation
4
Request investigation and restitution

Response Time: 2-6 weeks for initial response

Success Rate: 60-70% for non-delivery complaints

Better Business Bureau

While not a government agency, BBB complaints can be effective:

1
Visit BBB.org
2
Search for the business
3
Click "File a Complaint"
4
Provide details (similar to FTC complaint)
5
BBB forwards to company and tracks response

Many companies respond within 14 days to protect their BBB rating.

Small Claims Court

For amounts typically under $5,000-$10,000 (varies by state):

When to Consider:

•Order value over $100-$200
•All other methods failed
•You have strong documentation
•Seller is within your state or nearby

Process:

1
File complaint at local courthouse ($30-$100 fee)
2
Serve papers to seller (sheriff or process server)
3
Prepare evidence presentation
4
Attend hearing (usually 30-60 days after filing)
5
Judge decides same day or within weeks

No lawyer needed - designed for self-representation

Success Rate: 75-85% for clear non-delivery cases

Demand Letter Template

Send before filing in court:

```

[Your Name]

[Your Address]

[Date]

[Company Name]

[Company Address]

RE: FINAL DEMAND FOR REFUND - Order #[NUMBER]

Dear [Company Name],

This is formal notice of your breach of contract and violation of consumer

protection laws regarding my order #[NUMBER] placed on [DATE].

FACTS:

•I paid $[AMOUNT] on [DATE] for [PRODUCT]
•You confirmed delivery by [DATE]
•[NUMBER] days have passed with no delivery
•I have attempted to resolve this [NUMBER] times
•You have failed to provide refund or product

LEGAL VIOLATIONS:

1
Breach of Contract (failure to deliver goods paid for)
2
Violation of FTC 30-Day Delivery Rule
3
[State] Unfair and Deceptive Trade Practices Act
4
Possible wire fraud (18 U.S.C. § 1343)

DEMAND:

I demand full refund of $[AMOUNT] plus $[AMOUNT] in consequential damages

within 10 business days of this letter.

CONSEQUENCES OF NON-COMPLIANCE:

If payment is not received by [DATE 10 days from now], I will:

1
File lawsuit in [County] Small Claims Court
2
Seek treble damages under [State] consumer protection laws
3
Request court costs and attorney fees
4
Report to federal and state authorities
5
Post detailed reviews on consumer websites

This is my final attempt at resolution outside of court.

Payment should be sent to:

[Your Address]

Sincerely,

[Your Signature]

[Your Printed Name]

CC: Federal Trade Commission

[State] Attorney General

Better Business Bureau

```

Send via certified mail with return receipt

Platform-Specific Recovery Strategies

Amazon Non-Delivery

Amazon A-to-Z Guarantee Protection:

1
Wait until 3 days after latest estimated delivery date
2
Go to Your Orders
3
Select "Problem with order"
4
Choose "Where's my stuff?"
5
File A-to-Z claim if seller doesn't resolve

Timeline:

•Must file within 90 days of expected delivery
•Amazon investigates within 7 days
•Refund issued within 1-2 days if approved

Success Rate: 90%+ for legitimate non-delivery claims

eBay Non-Delivery

eBay Money Back Guarantee:

1
Wait until estimated delivery date plus 7 days
2
Go to Purchase History
3
Select "Return or item not received"
4
Choose "I didn't receive it"
5
Start request

Timeline:

•Must open request within 30 days of latest estimated delivery
•Seller has 3 days to respond
•Escalate to eBay if no resolution
•eBay decides within 48 hours

Success Rate: 85-90% with tracking showing no delivery

Etsy Non-Delivery

Etsy Purchase Protection:

1
Wait until 7 days after estimated delivery
2
Go to Purchases and Reviews
3
Click "Help with order"
4
Select "Order didn't arrive"
5
Start case

Timeline:

•Must open case within 100 days of purchase
•Seller has 3 days to respond
•Escalate to Etsy after 3 days
•Etsy reviews and decides within 1 week

Note: Etsy protection limited to $250 per order

Shopify/Independent Store Non-Delivery

Shopify stores are independent businesses:

1
Contact seller through store's contact form
2
File chargeback if no response within 5 days
3
Report to FTC and state AG
4
Leave reviews on Trustpilot, BBB
5
Check if store uses payment processor (Stripe, Square) - file complaint with them

International Order Non-Delivery

Cross-border orders add complexity:

Special Challenges

•Longer delivery times (30-90 days normal)
•Customs delays not seller's fault
•Limited legal recourse across borders
•Language barriers in communication
•Currency conversion issues

International Recovery Strategies

1. Contact International Seller:

•Use translation tools for clarity
•Allow 60-90 days before claiming non-delivery
•Request tracking number and customs information

2. Track Customs Status:

•Visit your country's customs website
•Enter tracking number
•Check if package held for fees or inspection

3. File PayPal International Dispute:

•PayPal offers protection for international purchases
•Must file within 180 days
•Provide evidence of non-delivery

4. Chargeback for International Purchases:

•Credit cards cover international transactions
•Provide proof of expected delivery date
•Show reasonable waiting period passed

5. Report to International Consumer Organizations:

•econsumer.gov for cross-border complaints
•Your country's consumer protection agency
•International trade commissions

Red Flags for International Scams

Avoid these warning signs:

•No tracking provided
•Website only accepts wire transfer or cryptocurrency
•Prices significantly below market value
•Website created recently (check domain age)
•No physical address or phone number
•Grammar errors throughout website

Preventing Future Non-Delivery Issues

Before You Buy

Research the Seller:

•Check BBB rating and reviews
•Search "[company name] scam" or "[company name] complaints"
•Verify physical address exists (Google Maps)
•Look for contact phone number (call to verify)
•Check domain registration date (avoid sites less than 1 year old)

Review Return Policy:

•Clear refund terms stated
•Reasonable return window (minimum 30 days)
•Contact information provided
•Shipping and handling terms explained

Use Protected Payment Methods:

•Credit cards (not debit) offer best protection
•PayPal for online purchases
•Avoid wire transfers, cryptocurrency, prepaid cards
•Never pay via Zelle, Venmo, Cash App for products from strangers

During Purchase

Document Everything:

•Screenshot product page before purchasing
•Save confirmation email immediately
•Note estimated delivery date
•Keep all communications

Choose Tracked Shipping:

•Always select option with tracking number
•Consider signature required for expensive items
•Get insurance for high-value purchases

Verify Shipping Address:

•Double-check before submitting order
•Use address validation tools
•Consider requiring signature for delivery

After Purchase

Track Obsessively:

•Check tracking daily
•Sign up for shipping notifications
•Contact seller if no movement after 3 days

Be Present for Delivery:

•Schedule delivery when someone's home
•Use delivery lockers or hold-at-location services
•Install doorbell camera to document deliveries

Inspect Immediately:

•Open packages right away
•Photograph contents before opening
•Note any damage or discrepancies immediately

Special Situations

Package Shows "Delivered" But You Never Got It

This frustrating scenario requires specific steps:

1
Check everywhere:

- All doors (front, back, side)

- Mailbox, parcel lockers

- Garage, shed, porch

- With neighbors

- Apartment office/mailroom

2
Verify delivery address:

- Check tracking details for exact address

- Contact carrier if delivered to wrong location

3
File carrier claim:

- USPS: File complaint at usps.com/help

- FedEx: Call 1-800-463-3339

- UPS: File claim at ups.com/claims

- Amazon Logistics: Contact through Amazon app

4
Contact seller:

- Provide tracking showing delivery

- Request investigation with carrier

- Ask for replacement or refund

5
File police report:

- If you believe theft occurred

- Get case number for insurance/disputes

- Provide to seller and carrier

6
File chargeback:

- If seller won't help

- Include police report if theft suspected

- Provide photos of delivery location

Partial Delivery

If you received some items but not all:

1
Document what arrived:

- Photograph everything received

- List missing items specifically

- Save packaging and packing slips

2
Contact seller immediately:

- Report missing items

- Request shipment of remaining items or partial refund

3
Give reasonable time:

- Allow 7 days for response

- Seller may need to investigate warehouse

4
Escalate if no resolution:

- File partial chargeback for missing items only

- Report to FTC if pattern of short-shipping

Wrong Item Delivered

When you receive something different:

1
Don't use or open if clearly wrong
2
Photograph what you received
3
Contact seller with photos
4
Request prepaid return label and correct item
5
Don't return without prepaid label (you shouldn't pay return shipping)
6
Set deadline (7-10 days) for seller to provide label
7
File chargeback if seller refuses or goes silent

Subscription Box Non-Delivery

Monthly/quarterly subscriptions that never arrive:

1
Cancel subscription immediately
2
Document missed deliveries (dates, months)
3
Calculate total amount not received
4
Email demanding refund for all undelivered boxes
5
File chargeback for most recent charges (60-120 days)
6
Cancel through bank to prevent future charges

Recovery Success Rates by Method

Based on consumer data and FTC statistics:

|--------|--------------|-----------|----------|

Getting Help Beyond Self-Help

When to Hire a Lawyer

Consider legal representation if:

•Order value exceeds $1,000
•Seller is local and worth suing
•Pattern of fraud affecting many consumers
•You suffered additional damages beyond purchase price
•All self-help methods failed

Many consumer attorneys offer free consultations and work on contingency (they get paid only if you win).

Class Action Opportunities

If many consumers experienced the same issue:

•Search "[company name] class action lawsuit"
•Register at classaction.org
•Contact attorneys handling similar cases
•Your individual recovery may be small, but helps shut down bad actors

Consumer Advocacy Organizations

Free resources that can help:

Call for Action (CfA)

•Volunteer mediators help resolve disputes
•Free service
•Local affiliates nationwide
•Visit callforaction.org

Consumer Reports

•File complaint to add to their database
•They investigate systemic problems
•Can amplify your issue

Local Consumer Protection Groups

•Many cities have consumer assistance offices
•Free mediation services
•Can pressure businesses

Your Action Plan Starts Now

If your order hasn't arrived and payment was taken, do this TODAY:

Immediate Actions (Next 24 Hours)

•[ ] Save all order documentation and emails
•[ ] Take screenshots of order status and tracking
•[ ] Send formal demand email to seller
•[ ] Call/message seller through all available channels
•[ ] Post on seller's social media (public pressure)

This Week

•[ ] Follow up daily if no response
•[ ] Prepare chargeback documentation
•[ ] File dispute with payment provider
•[ ] File FTC complaint at ReportFraud.ftc.gov
•[ ] File state Attorney General complaint

Next 2-3 Weeks

•[ ] Call credit card company to file chargeback
•[ ] Escalate PayPal dispute to claim
•[ ] File BBB complaint
•[ ] Send certified demand letter
•[ ] Prepare small claims case if needed

Final Thoughts: You WILL Get Your Money Back

Non-delivery situations feel hopeless, but the law is on your side. Credit card companies, PayPal, and consumer protection agencies exist specifically to help victims of non-delivery.

Key success factors:

1
Act with urgency - Most protections are time-limited
2
Document everything - Evidence wins disputes
3
Use multiple methods simultaneously - Don't wait for one to fail before trying another
4
Be persistent - Follow up weekly on all disputes
5
Don't give up - Even difficult cases can be won with persistence

You paid for a product. You deserve either that product or your money back. No exceptions.

---

Need More Help?

Niptado helps consumers fight back against sellers who take money and don't deliver.

Our platform provides:

•Automated demand letter generation
•Step-by-step chargeback assistance
•Direct complaint filing to federal and state agencies
•Templates for small claims court
•Community support from others fighting similar battles

Don't let sellers steal your money. Start your recovery process today.

[Let Us File Your Complaint →](#)

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*Disclaimer: This guide provides general information about consumer rights and dispute resolution strategies. It is not legal advice. For specific legal situations, consult a qualified attorney in your jurisdiction. Laws and procedures vary by state and country.*

*Last Updated: January 2025*

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