This is a practical legal guide for Philippine consumers and counsel. It summarizes the governing rules, common remedies, procedural pathways, and strategic considerations when goods purchased from a foreign online seller never arrive. It is not legal advice; specific facts matter.

1) The core legal theory: breach of a contract of sale

A cross-border online purchase is a contract of sale. Non-delivery is a breach of a reciprocal obligation. Key consequences under the Civil Code:

Demandability & delay (mora): The seller is in delay upon failure to deliver within the promised period or, if none, within a reasonable time after demand.
Buyer’s remedies (Art. 1191 & general damages rules):
- Rescission/cancellation with restitution (refund).
- Specific performance (compel delivery, often impractical cross-border).
- Damages (actual/compensatory; exemplary if bad faith is proven).
Risk of loss: Unless agreed otherwise, risk transfers upon delivery; for non-delivery the risk generally remains with the seller.

Electronic contracting is recognized; clicks, emails, platform logs and payment confirmations can establish consent and terms.

2) Statutory and regulatory framework

Consumer Act of the Philippines (R.A. 7394): Prohibits deceptive and unfair sales acts; requires truthful representations; recognizes implied warranties. Remedies include restitution, replacement, and administrative sanctions through the Department of Trade and Industry (DTI) for trade practices directed at Philippine consumers.
E-Commerce Act (R.A. 8792): Gives legal effect to electronic data messages, electronic documents, and electronic signatures; provides safe-harbor concepts for certain intermediaries while preserving liability for one’s own acts.
Rules on Electronic Evidence (A.M. No. 01-7-01-SC): Set standards for authenticating screenshots, emails, platform dashboards, metadata, and logs.
Data Privacy Act (R.A. 10173): Governs handling of personal data when reporting complaints or sharing buyer/seller information with authorities or platforms.
BSP/Payment system rules: Card networks and banks maintain chargeback and dispute mechanisms for non-delivery and fraud; timelines are short and documentary requirements strict. (Always check your issuer’s current procedures.)

3) Jurisdiction & governing law in cross-border disputes

A. Contractual clauses

Choice of law/forum clauses (often in platform terms) may select foreign law/courts or arbitration. Philippine courts generally respect clear, reasonable, and freely negotiated clauses—but can refuse when they are unconscionable or against public policy (e.g., effectively depriving a consumer of any remedy).

B. Suing in the Philippines

To sue a foreign, non-resident seller with no Philippine presence or agent, Philippine courts often lack personal jurisdiction unless valid service of summons is made or the defendant voluntarily appears. Purely in personam claims are difficult against an absent foreign seller. Relief may be limited to local assets (if any) or in rem/quasi in rem proceedings tied to property in the Philippines.
If the seller has a local representative, branch, or designated agent (including certain marketplace entities), suit and service become more feasible.

C. Administrative reach

DTI can act against online business activities targeting Philippine consumers, issue compliance orders, and coordinate takedowns with platforms or local intermediaries. Cross-border enforcement depends on cooperation and the presence of reachable entities.

D. Alternative fora

Arbitration (if provided) or platform dispute mechanisms can be pragmatic when court jurisdiction/service is problematic.

4) Evidence: building a winning non-delivery file

Collect and preserve:

Order confirmations, invoices, product pages (capture URL + timestamp), shipping promises, and refund policies.
Full email headers, in-app chats, and message logs (export where possible).
Payment records: bank/card statements, e-wallet transaction IDs, authorization codes.
Tracking data: courier numbers, status snapshots, and any “label created” but never shipped evidence.
Loss quantification: price paid, shipping, taxes/duties, consequential costs, mitigation steps.

Authenticating electronic evidence: Keep original digital files; export to PDF with embedded metadata; use affidavits describing how screenshots were taken; preserve devices/logins if forensic verification becomes necessary.

5) Primary remedies and how to use them

A. Contractual/Platform remedies (fastest)

In-app dispute: Open a non-delivery case immediately after the delivery window lapses. Follow the platform’s documentary checklist.
Escalate inside the platform: Seek refund or replacement. Reference consumer protection laws and the platform’s guarantee programs.

B. Payment reversal routes

Credit/debit card: File a chargeback for “merchandise not received” through your issuing bank promptly. Provide order proof, delivery promise, and non-delivery evidence. Chargebacks are time-barred quickly; act as soon as the delivery window expires.
E-wallets/bank transfers: Use the provider’s dispute channel; some wallets mirror card-like protections or offer goodwill refunds for clear fraud.
Wire/crypto/remittance: Recovery is difficult; notify the provider immediately to attempt a recall and file a fraud report.

C. Administrative complaints (DTI)

File with DTI Fair Trade Enforcement for unfair/deceptive practices. Relief can include refund directives, fines, and takedowns. DTI may coordinate with local arms of global platforms or logistics firms operating in the Philippines.
Keep expectations realistic for purely offshore sellers with no reachable presence; use DTI to pressure platforms/intermediaries and create a record for your bank and any later case.

D. Civil actions

Small Claims (no lawyers required): For pure money claims up to ₱1,000,000 (current threshold), ideal when a local entity (e.g., platform subsidiary or designated agent) is the defendant and venue/jurisdiction are proper.
Ordinary civil action for rescission/damages if the amount or issues exceed small claims or require broader remedies.

E. Criminal complaints (only when facts fit)

Estafa (fraud) may apply if there was deceit at the time of contracting; coordinate with NBI Cybercrime or PNP ACG. Criminal cases can support negotiations but require higher proof and may involve complex cross-border cooperation.

6) Platform & intermediary liability—what’s realistic?

Marketplaces vary: some act as mere intermediaries; others are sellers of record. Liability often turns on who took your money, who issued the receipt, and what the terms say.
Logistics firms: If tracking shows item never entered their possession, they’re typically not liable absent a separate carriage contract with you. If loss occurred after the courier received the item and your contract (or the platform’s terms) gives you privity or third-party beneficiary rights, a claim may lie—often capped by carriage terms.
ISPs/payment gateways: Usually protected when acting as passive conduits, but not from liability for their own misconduct or violations of sectoral rules.

7) Practical playbook (step-by-step)

Calendar the delivery window on purchase day.
Day after the window: Open a platform dispute for non-delivery; ask for full refund.
Within days: Prepare a document pack (see Evidence) and send a formal demand to the seller and—if permitted by terms—the marketplace entity operating in/for the Philippines.
Simultaneously: Start your issuer dispute/chargeback with complete documents; keep bank deadlines.
Escalate to DTI with copies of demand, screenshots, and payment proof; cite deceptive/unfair practice and seek refund order and platform coordination.
If a reachable local defendant exists: File Small Claims (₱1,000,000 or less) attaching your evidence and demand letter; choose proper venue (your residence or where defendant resides or does business).
If fraud indicators exist: Lodge a criminal complaint with NBI/PNP; attach the same pack.
Preserve privacy: Share only necessary personal data; redact sensitive identifiers not needed to prove your claim.

8) Litigation & procedure notes (when you must sue)

Venue: Where plaintiff resides or where defendant resides/does business (rules differ by action type; check the latest Rules of Court and consumer-specific venue allowances).
Small Claims mechanics: Verified Statement of Claim with attachments; service of summons typically via sheriff or court-authorized modes; no attorneys’ fees as representation (lawyers cannot appear for parties), but you may claim actual damages, costs, and allowable fees.
Service on foreign defendants: Without a local agent or voluntary appearance, personal jurisdiction obstacles are significant; courts can allow extraterritorial service in limited case types but in-personam money claims against a pure offshore seller are often impractical—hence the focus on platforms, local arms, and payment routes.
Electronic evidence at trial: Authenticate per the Rules on Electronic Evidence (e.g., affidavit of the person who took the screenshots, chain of custody, hash values if available). Printed screenshots are admissible if properly authenticated.

9) Damages & refunds—what can you recover?

Price paid + shipping
Taxes/duties you actually incurred and cannot recover
Incidental expenses (reasonable communications, bank fees)
Consequential damages (only if foreseeable and proven)
Moral/exemplary damages require proof of bad faith or fraud
Legal interest: From the time of judicial or extrajudicial demand (rate depends on the nature of the obligation—generally 6% per annum for forborne sums; confirm current jurisprudence)

10) Red flags & prevention

Newly created storefronts with no credible reviews or price too good to be true
Direct-to-wallet or crypto payment requests outside the platform checkout
Shady tracking (“label created” for weeks)
No clear physical address, RMA, or refund policy
Pressure to mark orders as “received” before arrival

Use platforms with buyer protection, pay with instruments that have chargeback rights, and keep all communications in-app.

11) Templates (you can paste and adapt)

A. Formal Demand (Non-Delivery)

Subject: Demand for Refund – Order [#] / Non-Delivery [Date] [Seller/Platform Legal Name & Address]

I purchased [item] on [date] for [amount], Order [number]. Delivery was promised by [date] but no item has been delivered. Despite follow-ups on [dates], there has been no fulfillment.

Under the Civil Code and the Consumer Act, this constitutes breach of contract and an unfair trade practice. I hereby rescind the sale and demand full refund of [amount] within five (5) days from receipt, plus incidental expenses of [amount].

Failing compliance, I will pursue chargeback with my issuer, file a complaint with DTI, and consider Small Claims or other remedies.

Sincerely, [Name, Address, Contact]

B. Issuer/Bank Dispute Cover Note

Subject: Dispute – Merchandise Not Received – Order [#] Enclosed are: order confirmation; promised delivery date; message log; tracking; demand letter; seller response (if any). Please process per non-delivery reason code.

12) Strategy by scenario

Marketplace with PH entity + escrowed funds: Demand → platform dispute → issuer dispute → Small Claims vs. PH entity if necessary.
Direct website, card payment, no PH presence: Demand → card chargeback → DTI complaint (for record/coordination) → consider arbitration if provided and cost-effective.
E-wallet transfer off-platform: Demand → wallet dispute → NBI/PNP if fraud indicators → DTI (limited) → civil action only if a reachable defendant exists.
Item seized by customs / import issues: Determine whether non-delivery stems from regulatory non-compliance (often seller’s fault). Seek refund; chargeback if seller’s failure caused seizure.

13) FAQs

Can I force delivery from abroad? Practically hard. Refunds via platform/issuer are faster.
What if seller sent a fake tracking number? Treat as deceptive practice; strengthens chargeback and DTI case.
Do screenshots count as evidence? Yes, if properly authenticated under the Rules on Electronic Evidence.
How long do I have to file a chargeback? Short. Start immediately after the promised delivery date passes; follow your bank’s current timelines.
Is Small Claims worth it? Yes—if there’s a local defendant and the amount is within ₱1,000,000.

14) Quick checklist (printable)

Delivery window noted
Platform dispute filed + escalated
Demand letter sent (seller + platform)
Issuer dispute/chargeback initiated
DTI complaint submitted
Evidence pack complete (orders, tracking, chats, payments)
Consider Small Claims vs reachable entity
Consider NBI/PNP if fraud indicators

Bottom line

For international non-delivery, the most effective path is platform enforcement + payment reversal, backed by a well-documented file and a DTI complaint for leverage. Litigation is viable when there is a reachable local defendant (e.g., a platform entity or agent). Move quickly, preserve evidence meticulously, and choose the forum that actually gets your money back.