No specific delivery date in your order confirmation doesn't mean no deadline exists at all — the Australian Consumer Law implies one anyway, and if a delay is bad enough, you're entitled to your money back in cash, not a store credit.
No Fixed Number of Days — But Not Unlimited Either
Section 62 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) establishes a statutory guarantee that, where a contract for the supply of delivery/transport services doesn't specify a particular time, those services must be provided within a reasonable time. There's no fixed day count written into the law — what counts as reasonable is assessed case by case, considering the nature of the goods (perishable versus not), the distance involved, and any genuinely extraordinary circumstances like natural disasters.
Minor Failure vs. Major Failure — Why the Distinction Changes Your Remedy
Not every delay entitles you to the same remedy. The ACL distinguishes:
- Minor failure: the delay is brief or reasonably justifiable. Here, the trader has the right to fix it — typically by delivering within a further acceptable period — rather than you demanding immediate cancellation.
- Major failure (Section 268 ACL): occurs where a reasonable consumer, knowing how long the delay would actually be, wouldn't have acquired the goods in the first place, or where the goods have lost their intended usefulness entirely because of the delay.
This distinction matters because it determines what you're actually entitled to demand.
Major Failure Means Cash — Not a Voucher
Where a delay qualifies as a major failure, Section 259(3) ACL gives you the unilateral right to reject the goods and terminate the contract. Critically, Section 263(4) ACL requires that any refund be made in the same form as the original payment — cash, bank transfer, or a card refund, matching however you originally paid. A trader cannot force you to accept store credit or a voucher instead as a substitute for an actual refund when a major failure has occurred; that's their preference, not your obligation.
What to Do
- Check whether your order confirmation specified any delivery date at all — if not, the reasonable-time guarantee applies by default.
- Assess whether the delay is minor (giving the trader a further reasonable chance) or major (a delay so significant a reasonable buyer wouldn't have purchased knowing it in advance).
- If it's a major failure, state clearly in writing that you're rejecting the goods and terminating the contract under the ACL.
- If offered store credit instead of a genuine refund, cite Section 263(4) directly — you're entitled to the refund in your original payment method.
- If the trader still refuses, escalate to the ACCC or your relevant state consumer affairs body.
Related Kibbo Tools
Sources
- Federal Register of Legislation — Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), Section 62. legislation.gov.au
- ACCC — Repair, replace, refund, cancel. accc.gov.au