Online Seller Did Not Deliver: What to Do in the Philippines

Direct answer: If an online seller took your payment and never delivered in the Philippines, the seller is in delay and owes you the item or a full refund, plus damages. Save your chats and payment records, use the platform’s or seller’s complaint process first (for business sellers the law requires it, and it counts as used up after 7 calendar days without a fix), and send a written demand with a short deadline. If the seller is a business, you may complain to the DTI. For a refund of up to ₱1,000,000, exclusive of interest and costs, file a small claims case. Estafa is a separate criminal route.^[1][3][6][7]

Key takeaways

• Once you have paid and the delivery date passes, the seller is in delay under Art. 1169. Send a written demand anyway, through a channel that proves receipt.^[6][7]
• You may demand delivery or cancel and get your money back, with damages either way (Art. 1191).^[6][8]
• The Internet Transactions Act (RA 11967) covers business sellers, not purely consumer-to-consumer (C2C) sales.^[1]
• For covered sales, you must first use the platform’s or seller’s internal complaint process; it is deemed exhausted if unresolved after 7 calendar days (RA 11967 Sec. 24).^[1]
• Under RA 11967, a damages claim before the court or the DTI must be filed within two years from when the cause of action arose (Sec. 28).^[1]
• Small claims covers money claims up to ₱1,000,000, exclusive of interest and costs. No lawyers at the hearing; no appeal.^[3][10]
• Barangay conciliation applies only if you and the seller actually reside in the same city or municipality, or in adjoining barangays of different cities and you both agree.^[12]

This guide is for the buyer who paid an online seller (by marketplace checkout, GCash, bank transfer or remittance) and received nothing. For face-to-face or real-property sales, start with our general guide on cancelling a sale when the seller fails to deliver. This page covers what changes when the deal happened online.

Who this guide applies to

This guide applies if you are a buyer in the Philippines who paid, in full or in part, for goods ordered online (through a marketplace, a social media shop, a website or a chat seller) and nothing arrived by the promised date. It does not cover items that arrived wrong or defective, real-property sales, or services. One fact decides whether RA 11967 also applies: was the seller in business (business-to-consumer), or a private person selling a personal item (consumer-to-consumer)? RA 11967 excludes consumer-to-consumer deals; the Civil Code applies to both.^[1][6]

Which route fits your situation

Your situation	First step	Main route	Why
Marketplace checkout with a business seller	In-app refund request; wait 7 calendar days	DTI complaint or small claims	RA 11967 Sec. 24 requires the internal redress step first
Regular social media shop paid by GCash or bank	Report through the platform; send a written demand	DTI complaint or small claims	A shop selling in the ordinary course of business is likely an online merchant
Used personal item from a private person	Written demand	Small claims; barangay only if you reside in the same city or municipality	Consumer-to-consumer sales are outside RA 11967; the Civil Code applies
Fake identity or many buyers cheated	Preserve evidence; report to hotline 1326 or the PNP Anti-Cybercrime Group	Estafa complaint, plus small claims for the refund	Estafa through ICT carries a penalty one degree higher (RA 10175 Sec. 6)
Claim above ₱1,000,000, or you want the item itself	Written demand	Regular civil action	Small claims covers money claims up to ₱1,000,000 only

Sources for the table: RA 11967 Secs. 4 and 24^[1]; RA 10175 Secs. 6 and 10^[2]; A.M. No. 08-8-7-SC, Rule IV^[3]; Pascual v. Pascual on barangay coverage^[12]; hotline 1326 as announced through the Philippine News Agency^[14].

Legal basis

An online purchase is still a contract of sale under Book IV of the Civil Code on obligations and contracts. RA 11967 adds consumer protection when the seller is a business, and says the Civil Code rules on sales and on obligations and contracts still apply (Sec. 33).^[1]

Authority	What it says	How it applies here
Civil Code Art. 1169[6][7]	Delay generally starts from demand. In reciprocal obligations, from the moment one party fulfills, delay by the other begins.	You paid, so delay runs once delivery is due. A demand fixes the date beyond dispute.
Art. 1170[6]	Those guilty of fraud, negligence or delay are liable for damages.	Covers provable losses beyond the price.
Art. 1191[6][8]	The injured party may choose fulfillment or rescission, with damages in either case.	Insist on delivery, or cancel and recover the price.
RA 11967 Secs. 3, 4[1]	Covers B2B and B2C internet transactions, including sellers on e-marketplaces and third-party platforms; excludes C2C.	Decides whether the DTI route applies.
RA 11967 Sec. 20[1]	For loss without the consumer’s fault or any contractual liability of the merchant, the consumer may pursue repair, replacement, refund or other remedies.	Statutory refund right against a business seller.
RA 11967 Sec. 24[1]	Use the platform’s or e-retailer’s internal redress mechanism before going to court or an agency; exhausted after 7 calendar days unresolved.	Your first formal step for a covered purchase.
RA 11967 Sec. 28[1]	Damages claims go to the court or the DTI within two years from when the cause of action arose.	Your controlling deadline for covered purchases.
A.M. No. 08-8-7-SC, Rule I Sec. 1(A)(2), Rule IV[3]	Small claims: money claims up to ₱1,000,000, exclusive of interest and costs, including sales of personal property (not recovery of the item).	The cheapest court route for a refund.
RA 7160 Secs. 408, 409, 412[12]	The lupon has no authority over parties residing in different cities or municipalities, unless their barangays adjoin and they agree.	Most online-seller disputes skip the barangay.

First question: who sold to you?

A business or a private individual?

RA 11967 expressly excludes consumer-to-consumer transactions, which it defines as deals between end-users for personal, family or household purposes and not in the ordinary course of business.^[1] A shop page that sells the same items every week is likely an online merchant. For C2C, you keep the full Civil Code remedies and small claims; you lose the RA 11967 remedies and the DTI route. See how business and consumer disputes are handled differently.

Did you pay inside the platform or outside it?

Marketplace checkout gives you an order number and an in-app refund process. Use it first: for covered sales, RA 11967 Sec. 24 makes the platform’s or e-retailer’s internal redress mechanism a step you must take before filing in court or with an agency.^[1] Paying by GCash or bank transfer to a seller found on social media leaves you dealing with the seller alone, but you can still use the platform’s report tool and keep a record of it.

Do you know the seller’s real name and address?

A court cannot serve summons on a page name. Collect the account holder’s name from your GCash or bank receipt, courier waybills, any ID the seller sent, and any business registration shown on the page. The online merchant is primarily liable to you (Sec. 25). If a merchant with no legal presence in the Philippines vanishes and the platform fails to give its contact details despite notice, the platform becomes subsidiarily liable for your direct damages (Sec. 26).^[1]

Delivery, refund and damages

Under Art. 1191 you choose: delivery, or cancellation and return of the price, with damages either way.^[6][8] In Spouses Francisco v. DEAC Construction, the Court described this remedy as resolution based on a breach of faith, and held that parties who sued within a reasonable time after learning of the breach had not waived it.^[8] See cancelling a contract under Art. 1191.

What you can recover	Basis	Proof needed
Full price paid	Art. 1191; RA 11967 Sec. 20[1][6]	Receipt with reference number, amount and recipient name
Shipping fee	Art. 1170[6]	Checkout summary or chat
Interest at 6% a year	Nacar[9]	Date of your demand
Other actual losses	Art. 1170[6]	Receipts; no receipts, no award

Under Nacar v. Gallery Frames, a court may impose 6% interest a year on amounts awarded, from judicial or extrajudicial demand when the amount is reasonably certain, and 6% from finality until paid.^[9] A fixed refund usually qualifies. See how legal interest is computed.

If you want the item itself, not a refund: small claims covers money claims from a sale of personal property but excludes recovery of the property itself, so a demand for delivery of the goods needs a regular civil action.^[3]

Why the demand letter still matters

Delivery promises are often vague (“ships in 3–5 days”). A written demand ends that argument. In Pineda v. Zuñiga vda. de Vega, the creditor could not prove the debtor received the extrajudicial demand, so the Court counted the filing of the complaint itself as the demand.^[7] Send yours through the platform chat, email that gets a reply, or a tracked courier. See when a demand letter is required.

Evidence that wins non-delivery cases

Sellers delete pages. Capture everything early.

Evidence	What it proves
Listing or post (with URL, date, seller name)	Item, price, delivery promise
Full chat thread	Agreement, payment confirmation, excuses
Payment receipt	Amount, date, recipient account name
Order number, waybill, tracking	That nothing shipped or tracking stalled
Platform complaint and its result	That you used the internal redress step (Sec. 24)
Demand and proof of receipt	Start of delay and refusal

Text messages are treated as ephemeral electronic communications under the Rules on Electronic Evidence. In People v. Enojas, the Court held that text messages are proved by the testimony of a person who was a party to them or has personal knowledge of them.^[11] As the buyer in the conversation, you are that witness. If you paid by transfer with no written contract, our guide on proving a deal through GCash and bank records shows how to tie a transfer to an agreement.

Worked examples

Example 1: social media seller paid by GCash

Carla Mendoza of Quezon City pays ₱18,500 by GCash on August 4, 2026 for a laptop from a shop page run from Cebu City. Delivery is promised “within 7 days.” Nothing arrives by August 11, and the seller stops replying.

• Delay: She paid in full, so the seller is in delay from August 11 (Art. 1169).^[6][7]
• Redress first: On August 12 she files a complaint through the platform’s report tool. If it is still unresolved after 7 calendar days, that step is exhausted (RA 11967 Sec. 24).^[1]
• Demand: On September 1 she emails and couriers a demand for a refund within 5 days, addressed to the name on the GCash receipt.
• Barangay: Not required; they reside in different cities.^[12]
• DTI: The page sells laptops regularly, so it is likely an online merchant; Carla may complain to the DTI.^[1][4][5]
• Court: ₱18,500 is within the small claims ceiling.^[3]
• Interest: At 6% a year from September 1, about ₱1,110 a year, or roughly ₱3.04 a day.^[9]
• Deadline: Counting conservatively from August 11, 2026, she should file before August 11, 2028 (RA 11967 Sec. 28).^[1]

Example 2: marketplace order from a foreign seller

Jun Reyes pays ₱6,200 through a marketplace checkout to a seller based abroad. Tracking freezes for six weeks. He files an in-app refund request, then asks the platform in writing for the seller’s contact details. If the platform fails to provide them, it becomes subsidiarily liable for his direct damages under Sec. 26.^[1]

The seller’s likely defenses

• “The courier lost it.” Ask for the waybill. Tracking that never shows a pickup suggests nothing shipped. A genuine loss in transit is still a loss without your fault under Sec. 20.^[1]
• “You cancelled, so no refund.” Sec. 19 limits a buyer’s cancellation of orders already paid for or in transit.^[1] State in writing that you cancel because of non-delivery, not a change of mind.
• “I’m a private seller.” That removes RA 11967 only. Your Civil Code claim and small claims remain.^[1][3][6]

Deadlines and what starts each clock

Step or claim	Period	What starts it	Authority
Platform or seller complaint (business seller)	Deemed exhausted after 7 calendar days unresolved	The date you file the complaint	RA 11967 Sec. 24
Damages claim against a business seller	2 years	The time the cause of action arose (count from the promised delivery date to be safe)	RA 11967 Sec. 28
Seller’s response in small claims	10 calendar days, non-extendible	The seller’s receipt of summons	A.M. No. 08-8-7-SC, Rule IV
Legal interest on your refund	6% a year	Your written (extrajudicial) demand, or the filing of the case	Nacar v. Gallery Frames
Claim against a private (consumer-to-consumer) seller	No single period verified for this guide	Depends on whether the deal was written or oral	Civil Code; file promptly

The 7-day and two-year periods come from RA 11967 Secs. 24 and 28^[1]; the 10-day response period from the Rules on Expedited Procedures^[3]; the interest rule from Nacar^[9]. Your own demand letter deadline (5 to 7 days) is a practical choice, not a legal period.

Step-by-step process

1. Preserve evidence (you; day 1; free). Screenshot the listing, full chat and receipt.
2. Use the platform or seller’s complaint process (you; right away; free). File a refund request if you checked out in-app, or report the account on social media. For covered sales this is required before court or the DTI, and it is deemed exhausted after 7 calendar days unresolved.^[1]
3. Send a written demand (you; after the delivery date; courier fee only). Give 5 to 7 days to deliver or refund.^[7]
4. Barangay, only if it applies (Lupon of the seller’s barangay). Required only for parties actually residing in the same city or municipality, or adjoining barangays by agreement.^[12] See our guide to barangay conciliation and the Certificate to File Action.
5. DTI complaint for a business seller (DTI Fair Trade Enforcement Bureau; free). The DTI e-commerce FAQs direct complaints against online sellers to fteb@dti.gov.ph, copying eco@dti.gov.ph. Metro Manila complainants may also use consumercare.dti.gov.ph or consumercare@dti.gov.ph.^[4][5]
6. Small claims case (first-level court; within two years for covered deals). File Form 1-SCC, the Statement of Claim with verification and certification against forum shopping, plus your evidence. The seller must file a verified Response (Form 3-SCC) within a non-extendible 10 calendar days from receipt of summons.^[3] Check current filing fees with the Office of the Clerk of Court. Our small claims filing guide walks through the forms.
7. Hearing (you, personally). No attorney may appear for or represent a party at the hearing unless the attorney is the plaintiff or defendant.^[3]
8. Enforcement. The decision is final, executory and unappealable; the losing side’s only route is certiorari under Rule 65 for grave abuse of discretion.^[3][10]
9. Criminal complaint (optional). Where the seller used a fake name or false pretenses before or when you paid, estafa under Art. 315 of the Revised Penal Code may apply; its penalty depends on the amount, as adjusted by RA 10951.^[13] Done through ICT, the penalty is one degree higher (RA 10175 Sec. 6), and the PNP and NBI cybercrime units handle these cases (Sec. 10).^[2] It runs separately from your refund case.

Claims above ₱1,000,000 need a regular case; see small claims vs regular civil action.

Documents to prepare

• ☐ Listing screenshots showing URL, date and seller name
• ☐ Full chat thread
• ☐ Payment receipt with reference number and recipient name
• ☐ Order number, waybill and tracking history
• ☐ Platform refund request or report, its date and its outcome
• ☐ Demand letter and proof of receipt
• ☐ Seller’s full name and address for Form 1-SCC
• ☐ Certificate to File Action, only if conciliation applies

Common mistakes

• Cropped screenshots. A chat without names and dates is easy to deny.
• Skipping the platform complaint or letting its window lapse while waiting on the seller’s promises.^[1]
• Suing a page name. Get a real name and address from receipts and waybills early.
• Misjudging the barangay step. Skipping it when it applies can get the case dismissed.^[12]
• Writing “I cancel my order” with no reason. Say it is because of non-delivery.^[1]

Frequently asked questions

Can I get a refund if an online seller never delivered?

Yes. Once you have paid, the seller is in delay when delivery falls due. Under Art. 1191 you may cancel the sale and recover the price, with damages. A business seller is also bound by RA 11967 Sec. 20 on refunds. Use the platform’s complaint process and send a written demand first, then go to the DTI or small claims.

Does the Internet Transactions Act cover sellers on social media?

It covers online merchants selling through e-marketplaces and third-party digital platforms, including social media, in business-to-consumer deals. It excludes consumer-to-consumer transactions. A regular shop page is likely covered; a one-time sale of a personal item likely is not. Civil Code remedies apply either way.

How long do I have to file a claim against an online seller?

For transactions covered by RA 11967, Sec. 28 requires a damages claim before the court or the DTI within two years from when the cause of action arose. For non-delivery, count conservatively from the promised delivery date. C2C deals fall under Civil Code prescriptive periods, but do not wait.

Do I need to go to the barangay first?

Only if you and the seller actually reside in the same city or municipality, or in adjoining barangays of different cities and you both agree. In Pascual v. Pascual, the Court held the lupon has no authority over parties who are not actual residents of the same city or municipality, unless their barangays adjoin. Most purchases from out-of-town sellers skip it.

Are chat screenshots enough evidence?

They help but need support. Text messages are proved by the testimony of a party to them or someone with personal knowledge, as held in People v. Enojas. Pair full, dated screenshots with the payment receipt showing the recipient’s name, the listing, your platform complaint and your demand letter.

Can the platform be made to pay if the seller disappears?

Sometimes. Under RA 11967 Sec. 26, an e-marketplace or platform is subsidiarily liable in listed cases, such as failing to give a foreign merchant’s contact details despite notice or failing to exercise ordinary diligence in its own duties. Liability is limited to damages directly caused by the transaction.

Should I file estafa instead of a civil case?

They serve different goals. Small claims aims to get your money back. Estafa under Art. 315 of the Revised Penal Code punishes fraud, with a penalty one degree higher if committed through ICT under RA 10175 Sec. 6, and the false pretense must come before or at the time you paid, not just a failed delivery. Many buyers file small claims first.

Nagbayad ako sa GCash pero hindi dumating ang order. Pwede ko pa bang mabawi ang pera?

Oo. Kapag bayad ka na at lumampas ang petsa ng delivery, delay na ang seller sa ilalim ng Art. 1169, at puwede mong i-cancel ang bentahan at hingin ang refund, kasama ang damages, sa ilalim ng Art. 1191. I-save ang resibo ng GCash, ang chat at ang listing, magpadala ng written demand, at kung hindi pa rin magbayad, mag-file ng small claims.

Kailangan ko bang dumaan muna sa Shopee o Lazada bago magreklamo sa DTI?

Oo, kung business seller ang kausap mo. Sa ilalim ng RA 11967 Sec. 24, gamitin muna ang internal redress mechanism ng platform o seller bago mag-file sa korte o sa ahensya. Itinuturing na tapos na ang hakbang na ito kung hindi pa naaayos ang reklamo pagkalipas ng 7 calendar days mula nang i-file mo.

Pwede ba akong magdemanda kahit hindi ko alam ang totoong pangalan ng seller?

Mahirap, dahil hindi mapapadalhan ng summons ang isang page name lang. Kunin ang pangalan ng account holder sa resibo ng GCash o bangko, sa waybill, o sa ID na ipinadala ng seller. Kung scammer talaga at peke ang pangalan, i-report sa hotline 1326 o sa PNP Anti-Cybercrime Group para sa estafa.

What to do next

1. Today: save the listing, chat and receipt, and note the promised delivery date.
2. File the platform refund request or report, and note the date; for a business seller, wait 7 calendar days for a fix.
3. Send a written demand with a 5- to 7-day deadline through a channel that shows receipt.
4. Pick the forum: DTI for a business seller, barangay only if it applies, small claims for the refund.
5. See our small-claims filing guide for the process and required documents.

Where to get help

• The platform’s own complaint or refund channel: your required first step for a business seller (RA 11967 Sec. 24).^[1]
• DTI: for a business seller, email the Fair Trade Enforcement Bureau at fteb@dti.gov.ph, copying eco@dti.gov.ph, as the DTI e-commerce FAQs direct; see the DTI complaint page for the forms.^[4][5]
• Hotline 1326 (Inter-Agency Response Center): a round-the-clock line run under the DICT and CICC for reporting online scams.^[14]
• PNP Anti-Cybercrime Group or NBI Cybercrime Division: the law-enforcement units named in RA 10175 Sec. 10 for an estafa complaint committed online.^[2]
• Office of the Clerk of Court of the first-level court: for the small claims forms and current filing fees.^[3]
• Free legal help: the Public Attorney’s Office and other legal aid groups may assist if you qualify; see our guide to free legal aid.

Related CivilLaw.ph guides

• Small Claims Case for Unpaid Loan With Promissory Note (Philippines)
• Seller Fails to Deliver: Can the Buyer Cancel the Sale?
• How to Resolve Everyday Civil Disputes in the Philippines
• Civil Code Book IV: Obligations and Contracts
• Glossary: Default or Delay
• Glossary: Rescission

Sources and legal citations

Statutes and rules

• [1] Republic Act No. 11967, Internet Transactions Act of 2023 (approved December 5, 2023), Secs. 3, 4, 19, 20, 24, 25, 26, 28 and 33 — LawPhil
• [2] Republic Act No. 10175, Cybercrime Prevention Act of 2012, Secs. 6 and 10 — LawPhil
• [3] Rules on Expedited Procedures in the First Level Courts, A.M. No. 08-8-7-SC (effective April 11, 2022), Rule I Sec. 1(A)(2) and Rule IV Secs. 4, 13, 18 and 24 — Supreme Court
• [4] DTI Fair Trade Enforcement Bureau, How to file a consumer complaint
• [5] DTI E-Commerce Bureau, FAQs
• [6] Republic Act No. 386, Civil Code of the Philippines, Arts. 1169, 1170 and 1191 — LawPhil
• [13] Republic Act No. 10951 (2017), Sec. 85, amending Art. 315 (estafa) of the Revised Penal Code — LawPhil

Supreme Court decisions

• [7] Pineda v. Zuñiga vda. de Vega, G.R. No. 233774, April 10, 2019
• [8] Spouses Francisco v. DEAC Construction, Inc., G.R. No. 171312, February 4, 2008
• [9] Nacar v. Gallery Frames, G.R. No. 189871, August 13, 2013 (En Banc)
• [10] A.L. Ang Network, Inc. v. Mondejar, G.R. No. 200804, January 22, 2014
• [11] People v. Enojas, G.R. No. 204894, March 10, 2014
• [12] Pascual v. Pascual, G.R. No. 157830, November 17, 2005 (quoting RA 7160 Secs. 408, 409 and 412)

Official announcements

• [14] Philippine News Agency, “Netizens urged to save gov’t anti-scam response hotline 1326”

Sources checked: November 4, 2026 — RA 11967 Secs. 4, 20, 24–26, 28 and 33 (LawPhil); A.M. No. 08-8-7-SC; RA 10175 Secs. 6 and 10; Civil Code Arts. 1169, 1170 and 1191; the six Supreme Court decisions above; DTI complaint pages; hotline 1326 announcement.

Last correction: November 4, 2026 — added who this guide applies to, a route-by-situation table, a deadlines table with what starts each clock, a where-to-get-help list (DTI, hotline 1326, PNP-ACG/NBI, clerk of court, free legal aid) and three Taglish FAQs. Rechecked RA 11967 Secs. 24, 26 and 28 against the LawPhil text; no rule in the earlier version needed correcting.

This article is general legal information, not legal advice. For advice on your specific purchase, consult a lawyer or the Public Attorney’s Office.