Consumer Rights to a Refund for Wrong Item Delivery in the Philippines

This article explains, in practical terms, what you can do when a seller delivers the wrong item—whether you bought in a physical store, on Facebook/marketplaces, or a dedicated e-commerce site. Philippine law citations are kept plain-English. This is general information, not legal advice.

The Legal Backbone (Philippine Law)

Civil Code (on sales and obligations)
- If the seller delivers a thing different from what was agreed (aliud pro alio), that’s a breach. You may reject the item, demand the correct one, rescind (cancel) the sale, and/or claim damages (Art. 1191 on reciprocal obligations; sales provisions).
- Risk generally remains with the seller until delivery of the agreed thing. If you receive the wrong thing, ownership hasn’t properly passed for that item.
- For hidden defects (different from “wrong item”), the Civil Code provides remedies and a six-month prescriptive period from delivery to sue for redhibition/price reduction (Arts. 1561–1571).
Consumer Act of the Philippines (Republic Act No. 7394)
- Deceptive or unfair sales practices (e.g., sending a different product than advertised) are prohibited (Title on Deceptive, Unfair, and Unconscionable Acts or Practices).
- Product and service warranties: When goods don’t conform to express or implied warranties (including description), consumers are entitled to repair, replacement, or refund—remedies designed to put you in the position you bargained for.
- “No Return, No Exchange” signs or policies cannot be used to defeat your statutory rights when the item is defective, non-conforming, or wrong. (They can still refuse returns for change of mind—that’s different.)
E-Commerce Act (RA 8792)
- Confirms electronic contracts/receipts are legally valid. Your screenshots, order confirmations, chats, and e-mails are probative evidence.
Administrative enforcement
- The Department of Trade and Industry (DTI)—through its Consumer Protection/Enforcement arms and Consumer Arbitration Officers (CAOs)—handles complaints, mediation, and administrative cases for violations of consumer laws. CAOs can order refunds/replacement and impose administrative penalties.
Courts (Small Claims)
- If settlement fails, you can file a small claims case (no lawyers required, up to the current monetary threshold set by the Supreme Court) to recover the purchase price, delivery fees, and damages attributable to the wrong delivery.

What Counts as a “Wrong Item”?

Different model/variant/size/color than agreed
Different specifications (e.g., lower storage/RAM, different material)
Different brand or generic substitute that wasn’t agreed
Counterfeit instead of the advertised genuine item
Partial/short delivery where an item is swapped, or a bundle is incomplete
Mislabeled item (label says one thing, contents are another)

If the delivered item doesn’t match the description, listing, invoice, or your order form, it’s generally non-conforming and you may reject it.

Your Core Rights & Remedies

Right to Reject Refuse to accept a wrong item at the point of delivery (especially for COD), or promptly notify the seller if discovered after acceptance.
Right to Cure / Specific Performance Demand delivery of the correct item within a reasonable time.
Right to Rescind (Cancel) & Refund Cancel the sale due to breach and recover:
- Purchase price
- Reasonable shipping/return costs
- Incidental damages (e.g., costs caused by the breach)
Repair/Replacement/Refund under Consumer Act Warranties For non-conforming goods, these remedies are available. A refund is appropriate when:
- The seller cannot supply the correct item,
- The seller refuses or fails to correct the error within a reasonable time, or
- You elect rescission due to material breach.
Damages If you suffered loss because of the wrong delivery (missed deadline, additional expenses), you may claim actual damages; in egregious cases, moral/exemplary damages may be claimed in court.

Practical Playbook (Step-by-Step)

Gather Proof Immediately
- Unboxing photos/videos, shipping label, airway bill
- Order page, invoice/OR, product listing screenshots
- Chat/e-mail with the seller and courier
- Proof of payment (receipt, bank/GCash/PayMaya logs)
Notify the Seller—Promptly and in Writing
- State what you ordered vs. what you received.
- Demand: “replace with the correct item within ___ days” or “refund in full and arrange pickup/return at your cost.”
- Give a reasonable deadline (e.g., 5–10 calendar days).
Preserve and Keep the Wrong Item Unused
- Do not use it (avoid “acceptance by use” arguments).
- Keep original packaging, tags, freebies, manuals, warranty card.
Return Logistics & Costs
- For seller’s error, the seller should shoulder return and re-delivery costs. Ask for a prepaid return label or seller-arranged pickup.
- If the courier made the mistake, your contract is still with the seller; let the seller handle the courier claim.
Escalate if the Seller Stonewalls
- Marketplace: File a dispute within the platform’s buyer protection window; request refund.
- Bank/e-wallet: If you paid by card or certain e-wallets, file a payment dispute/chargeback promptly. (These are governed by network rules and BSP regulations; act quickly.)
- DTI Complaint: Seek mediation/conciliation and, if needed, adjudication before a Consumer Arbitration Officer for an order of refund/replacement and possible penalties.
Court (Small Claims)
- If administrative or platform remedies fail and the amount is within the small claims cap, file to recover the price, shipping, and incidental damages. Bring your complete paper trail.

Special Situations

Cash-on-Delivery (COD): Inspect packaging for obvious mismatches. If the rules don’t allow pre-payment opening, pay, open in front of the courier, record video, and immediately reject and have the airway bill annotated if wrong. Follow up in writing the same day.
Partial Mismatch in a Multi-Item Order: You may accept conforming items and reject only the wrong item(s), demanding a partial refund or correct replacement.
Personalized/Custom Goods: If the item is not as described (e.g., wrong name, wrong specs), you still have non-conformity rights. “Custom” isn’t a shield against supplying the wrong thing.
Second-Hand/As-Is Sales: Disclaimers can limit some warranties, but not deliberate misdescription or delivery of a different item. If what arrived isn’t what was agreed, remedies still apply.
Perishables / Time-Sensitive Goods: Act immediately. Non-conformity in food or urgent items tilts toward refund if replacement won’t meet the intended purpose in time.
Cross-Border Sellers: DTI’s reach may be limited. Use platform protections and payment disputes aggressively, and keep impeccable documentation.

What You Don’t Have to Accept

“No return, no exchange” being used to refuse fixes for a wrong or non-conforming product.
Being forced to pay return shipping for the seller’s mistake.
Being pushed into store credit when you’re legally entitled to a cash refund for rescission.
Endless “repair attempts” when the issue is not a defect but a wrong item—that calls for replacement or refund, not repair.

Timelines & Preservation of Rights

Notify quickly after discovery and within the warranty period (if any) stated on the receipt/warranty card.
Civil Code hidden-defects suits: generally six months from delivery (different issue than “wrong item,” but often raised together).
Platform/bank dispute windows can be short—act fast to avoid losing that avenue.

Evidence Tips (What Actually Wins Cases)

One clear photo of the listing/checkout page with the exact variant you chose.
Side-by-side photo/video of what you ordered vs. what you got (show tags/model codes).
Written demand (e-mail/official chat) with a firm date for compliance.
Proof of seller acknowledgment (seen/“received” stamp, reply screenshot) or proof of refusal.
Logs of all follow-ups and expenses (grab/payments, re-shipping, etc.).

Model Demand Letter (Fill-In Template)

Subject: Wrong Item Delivered — Demand for Replacement/Refund Dear [Seller/Store], On [date], I ordered [exact item/model/variant] under Order No. [____]. On [date], I received [describe wrong item]. This is non-conforming to our contract and a violation of your obligations under the Civil Code and the Consumer Act. I am electing the following remedy: [ ] delivery of the correct item OR [ ] full refund of ₱[amount], including shipping and reasonable return costs. Kindly confirm within [5] calendar days. Please arrange pickup or provide a prepaid return label. If left unresolved, I will escalate the matter to the platform/DTI and, if necessary, pursue small claims. Sincerely, [Your Name] [Order No., Address, Contact]

FAQs

Is there a “7-day return” law in the Philippines? No general “cooling-off” rule for change of mind. Returns for wrong/defective items are based on breach of contract/warranty, not a universal seven-day grace period.

Can a store insist on repair only? For a wrong item, repair isn’t the proper fix. The correct remedies are replacement with the right item or refund (or rescission with damages).

Who pays return shipping? For seller error, the seller should shoulder it. Document this and ask for a prepaid label or pickup.

What if the courier messed up? Your contract is with the seller. Notify the seller; it’s the seller’s job to ensure correct delivery and to coordinate with the courier.

What if I already used the wrong item? Notify the seller immediately. Usage may complicate arguments over “acceptance,” but if you reasonably relied on packaging/labels, you still have remedies—just act fast and document.

Quick Checklist

Keep packaging, receipts, screenshots, and unboxing video
Notify seller in writing with a deadline
Choose and state your remedy (replace/refund)
Ask for seller-paid return logistics
Escalate to platform → bank/e-wallet dispute → DTI
Consider small claims with your complete file if needed

Bottom Line

When you receive the wrong item, Philippine law treats it as a breach. You may reject, demand the correct item, or cancel and get a refund—plus incidental damages, where appropriate. Move quickly, keep a paper trail, and don’t let “policy” override your statutory rights.