Quick answer

If an online seller does not deliver after you have paid, document the transaction, demand delivery or a full refund in writing, and immediately use the marketplace and payment provider’s dispute process. If the seller still refuses or disappears, file a consumer complaint with the Department of Trade and Industry (DTI). Report the matter to law enforcement when the facts indicate deliberate fraud rather than an ordinary shipping delay or breach of contract.

The seller is generally responsible for completing delivery as agreed. Under the Internet Transactions Act of 2023, an online merchant or e-retailer must ensure that the consumer receives the goods in the agreed condition, type, quantity, and quality. The seller is primarily liable for claims arising from the online transaction.

Your exact remedy and the proper agency will depend on whether the seller is operating as a business, whether a marketplace handled the transaction, how you paid, and whether there is evidence that the seller intended to deceive you.

Act quickly

Do not keep waiting merely because the seller repeatedly promises to ship “tomorrow.” Take these steps as soon as the promised delivery date passes or the seller becomes unreachable.

1. Preserve the evidence

Save copies outside the shopping app or social-media account. Accounts, listings, and messages may later be deleted.

Keep:

The full product listing, including price, description, photographs, seller name, profile URL, and promised delivery date
Your order confirmation, invoice, receipt, or order number
Proof of payment showing the amount, date, reference number, and recipient account
The recipient’s bank or e-wallet name, account name, number, QR code, or mobile number
Your complete conversation with the seller, including promises to ship or refund
Marketplace support tickets and their reference numbers
Courier records, tracking numbers, and screenshots showing that no parcel was accepted or delivered
The seller’s business name, address, telephone number, email address, and government-registration details, if displayed
Screenshots of similar complaints or connected seller accounts, with their URLs and dates
Any unboxing video or delivery record if an empty, substituted, or incomplete package eventually arrives

Retain the original electronic files where possible. Do not edit screenshots in a way that removes timestamps, account names, or surrounding context.

2. Check whether the order is genuinely overdue

Review the listing, order confirmation, preorder terms, and seller’s written commitments. A seller may have disclosed a production period, estimated shipping window, or legitimate force-majeure delay.

An estimated delivery date is not necessarily an absolute guarantee. Even so, an indefinite delay, invented tracking number, repeated false assurances, or refusal to return payment may justify escalation.

3. Send a clear written demand

Contact the seller through the platform and through any available email or business address. State:

What you bought
The amount and date paid
The agreed or represented delivery date
That the item remains undelivered
Whether you demand delivery by a reasonable final date or cancellation and a full refund
Where the refund should be sent
That you will use the platform, payment-provider, DTI, court, or law-enforcement remedies if the issue is not resolved

Keep the message factual. Avoid threats, insults, or public accusations that go beyond what you can prove.

A written demand is especially useful because, under Article 1169 of the Civil Code, a party obliged to deliver generally incurs legal delay from judicial or extrajudicial demand, subject to statutory and contractual exceptions. If the contract fixed a controlling deadline, the legal effect of missing it may depend on the agreement and surrounding facts.

Request cancellation or a refund through the platform

Open a dispute inside the marketplace before its buyer-protection period expires. Select the accurate reason—such as “item not received”—and upload proof of payment, the delivery commitment, tracking history, and your communications.

Do not close a dispute merely because the seller promises an off-platform refund. Close it only after the money has actually returned to your account. Do not mark an item as received when it was not delivered.

The Internet Transactions Act requires e-marketplaces to maintain an effective internal redress mechanism. However, a marketplace is not automatically liable for every seller’s breach. The seller or e-retailer remains primarily liable. A platform may incur subsidiary or solidary liability only under the particular conditions stated in the law—for example, certain failures to exercise ordinary diligence, provide required merchant information, or act after legally sufficient notice. Platform liability therefore depends on what the platform controlled, knew, and did.

If the purchase was made directly through a seller’s website or social-media page, use any available complaint or reporting feature, but also send the demand directly to the seller.

Notify your bank, card issuer, or e-wallet immediately

Ask the payment provider whether the transaction can be disputed, recalled, frozen, or subjected to a chargeback. Use only the provider’s official app, website, hotline, or branch.

A reversal is not guaranteed. The available procedure and deadline depend on the payment method, provider rules, card-network rules, whether you authorized the payment, and whether the funds remain recoverable. An authorized transfer to a fraudulent seller can be harder to reverse than an unauthorized account transaction, which is why immediate reporting matters.

Provide:

The transaction reference number
The recipient account details
Your proof of purchase and non-delivery
Your demand and the seller’s response
Any marketplace dispute number
A police or investigative complaint number, if already available

If a BSP-supervised bank or e-money issuer does not resolve your complaint, first complete that institution’s own consumer-assistance process, then escalate it through the BSP Consumer Assistance Mechanism. The BSP can facilitate a complaint concerning the financial institution’s handling of the matter; it does not decide the seller’s separate contractual or criminal liability.

Never give anyone your OTP, PIN, password, CVV, or remote access to your device supposedly to “process” the refund.

File a complaint with the DTI

For a business-to-consumer online sale within the DTI’s authority, you may file through the DTI Consumer CARe portal. The DTI also identifies consumercare@dti.gov.ph and in-person filing channels for Metro Manila complainants in its official complaint guidance. Consumers outside Metro Manila may approach the appropriate DTI provincial or regional office.

Submit a coherent set of documents rather than isolated screenshots:

Your name and contact information
The seller’s identifiable name, business name, address, email, telephone number, and platform account
A short chronological account of the transaction
The amount paid and payment details
The promised delivery date and proof that delivery did not occur
Copies of your demand and attempts to settle
The precise relief requested, such as delivery, cancellation, or return of the purchase price

DTI consumer proceedings ordinarily begin with mediation. If the dispute is not settled and the matter falls within DTI jurisdiction, adjudication may follow under the department’s applicable rules. The Consumer Act of the Philippines permits administrative remedies that include compliance with the transaction, restitution, or rescission of the contract, depending on the violation and evidence.

A settlement reached in mediation should identify the amount, payment method, deadline, and consequences of noncompliance. Keep the signed agreement and proof of every payment.

When the Internet Transactions Act applies—and when it may not

Republic Act No. 11967 generally covers business-to-business and business-to-consumer internet transactions within the DTI’s mandate when a party is in the Philippines or the online business avails itself of the Philippine market and has the required contacts here.

It generally does not cover a genuinely private consumer-to-consumer sale. A one-time sale of a person’s used possession may fall outside the Act, while repeated sales for income, use of a business name, or operation as an organized commercial activity may indicate a business-to-consumer transaction. Classification depends on the evidence, not merely on the seller calling the account “personal.”

If the Internet Transactions Act does not apply, the agreement may still be enforceable under the Civil Code. Payment records and electronic messages can establish the sale and its terms. Depending on the facts, the buyer may seek fulfillment, cancellation or resolution of the contract, return of the price, and proven damages. DTI jurisdiction, however, may be unavailable for a true private-to-private dispute.

The Act also gives an online consumer a two-year period to file an action arising from an internet transaction, counted from the accrual of the cause of action. Do not treat that as permission to delay: marketplace, payment-provider, criminal, and other civil deadlines may be shorter or governed by different rules.

When to report possible fraud

Non-delivery is not automatically estafa. A seller may have breached a contract without committing a crime.

Estafa by false pretenses under Article 315(2)(a) of the Revised Penal Code generally requires proof of a false representation or other deceit made before or at the time the victim parted with money, reliance on that deceit, and resulting damage. A broken promise, by itself, does not establish criminal intent.

Evidence that may support a fraud investigation includes:

A fake identity, address, business registration, receipt, or tracking number
A listing for goods the seller never possessed or intended to obtain
Immediate blocking after payment
Multiple victims sent to the same account
Repeated use of replacement accounts after complaints
Fabricated courier messages or refund confirmations
Admissions showing that the seller took payment without intending to deliver

Report promptly to the Philippine National Police or the NBI. The NBI’s official guidance also identifies investigative assistance for victims of computer crimes and victims of fraud.

Bring printed and electronic copies of your evidence and valid identification. A criminal complaint may investigate and prosecute wrongdoing, but it does not guarantee immediate recovery of your money. Civil or administrative remedies may still be necessary.

Consider a small-claims case

If the seller is identifiable and your claim is for payment or reimbursement of money not exceeding ₱1,000,000, a small-claims action may be available in the proper first-level court. The Supreme Court’s Rules on Expedited Procedures govern the process.

Small claims are designed for money claims and generally do not require lawyers to appear for the parties at the hearing. You will still need the seller’s correct legal name and an address where court papers can be served. Filing in the wrong venue, naming only an unidentifiable screen name, or lacking a service address can prevent the case from moving efficiently.

Barangay conciliation may have to be completed before filing when the parties are natural persons who actually reside in the same city or municipality and no exception applies. Residence, not the location of the online transaction alone, matters. Obtain the required certificate to file action when the Katarungang Pambarangay requirement applies.

Use the current forms supplied by the court or the Supreme Court. Court personnel can provide procedural information but cannot give legal advice.

Common mistakes to avoid

Waiting until buyer-protection or payment-dispute periods expire
Communicating only by voice call and keeping no written record
Deleting chats after the seller blocks you
Sending an additional “release,” “insurance,” “verification,” or “refund” fee
Moving the dispute off-platform without preserving the original record
Accepting a screenshot as proof of refund without checking your account
Publicly posting unverified personal information or accusing someone of a crime as an established fact
Filing against the courier when the evidence shows that the seller never tendered a parcel
Assuming that a DTI complaint, bank dispute, and criminal complaint serve the same purpose
Naming the marketplace as automatically liable without facts satisfying the statutory conditions
Treating every private resale as a consumer transaction covered by DTI

When legal help is urgent

Consult a Philippine lawyer promptly if:

The amount is substantial or affects your business
The seller is abroad or uses a foreign platform
The seller’s identity or address is uncertain
Several victims or coordinated accounts appear involved
The transaction concerns regulated goods, investments, real estate, medicines, vehicles, or professional services
You received a formal denial, summons, counterclaim, or settlement agreement
A filing deadline may be close
The marketplace, seller, and payment provider dispute who controlled or received the funds
You need damages beyond a straightforward refund or must preserve data held by third parties

Frequently asked questions

Can I demand a refund instead of waiting indefinitely?

Generally, yes, when the seller’s failure to deliver amounts to a substantial breach or when applicable consumer, platform, or contractual rules allow cancellation. Whether immediate cancellation is justified can depend on the promised date, the importance of timely delivery, the seller’s explanation, and your written demand.

Is a “no refund” policy valid when nothing was delivered?

A seller cannot ordinarily keep the purchase price merely by invoking a “no refund” label after failing to provide the paid-for goods. The enforceability of a cancellation restriction depends on the law, the contract, and the reason for non-delivery. A policy cannot erase mandatory consumer rights.

Should I complain to DTI or the police?

Use DTI for a consumer dispute with an online business, particularly when you seek delivery, cancellation, or restitution. Go to law enforcement when there is evidence of deceit or a deliberate scam. The same facts may justify both processes, but each has a different purpose.

Can the marketplace be required to refund me?

Possibly, under its buyer-protection terms or if statutory conditions for platform liability are established. The marketplace is not automatically responsible for every independent seller. File an internal dispute promptly and preserve evidence of how it handled your notice.

What if the seller is only an individual on social media?

If the person regularly sells for profit, the transaction may still be business-to-consumer. A genuine one-off private sale is generally outside the Internet Transactions Act, but the Civil Code and criminal laws may still apply.

Can my bank simply reverse the transfer?

Not necessarily. Contact the bank or e-wallet immediately, but recovery depends on the payment system, provider rules, transaction status, authorization, recipient-bank cooperation, and available funds. Do not assume that filing a report automatically reverses an authorized transfer.

Do I need a lawyer for a DTI complaint or small claim?

A lawyer is not ordinarily necessary for DTI mediation, and lawyers generally do not appear for parties at a small-claims hearing. Legal advice can still be valuable where identity, jurisdiction, fraud, damages, or overlapping proceedings are complicated.

This article provides general legal information, not advice for a particular transaction. Rights, deadlines, jurisdiction, and remedies depend on the documents and facts. Official sources and procedures were checked as of 3 September 2026.