Package never arrived, or arrived damaged or wrong? You're owed a refund (and the seller can't blame the carrier)

Under the FTC's Mail Order Rule sellers must ship when promised or refund; under the UCC the risk of loss stays with the seller until you receive the goods. Marked delivered but missing, damaged in transit, wrong item, or "contact the carrier" excuses: the exact steps, the 30-day rule, and the chargeback that closes the case.

Why the seller is responsible

Two rules do the work:

1. Uniform Commercial Code §2-509/2-510 (adopted in every state): in a consumer sale where the seller ships, the risk of loss passes to the buyer on delivery (or on tender to the carrier only in a "shipment contract" where the seller isn't a merchant, which isn't the case for online stores). A merchant seller bears the loss until you actually receive the goods.
2. FTC Mail Order Rule (16 CFR 435): sellers must have a reasonable basis to ship within the stated time, notify you of delays, and refund promptly if they can't ship when you don't agree to wait.

A "not responsible for lost packages" line in the store's policy doesn't override this for merchant sellers.

Step by step

Never shipped, or shipping late

1. Check the promised ship date (order confirmation). If none, 30 days from order.
2. Past the date: email "My order [number] hasn't shipped by the promised date. Under the FTC Mail Order Rule, please either ship within 7 days or refund me in full."
3. No response or no refund → chargeback ("goods not received"). Attach the order and your email.

Shipped but never arrived / marked delivered but missing

1. Wait 2 business days after the "delivered" scan (carriers sometimes scan early). Check with neighbors, building management, the porch, the mailroom.
2. Email the seller: "Tracking shows delivered on [date] but I did not receive the package. I've checked with neighbors and building staff. Please send a replacement or refund. The risk of loss remained with you until delivery to me."
3. If they say "file a claim with the carrier": reply that the shipper (they) must file the carrier claim; your contract is with them. Ask for the refund within 7 days.
4. Optional but useful: file a missing mail search (USPS) or a claim (UPS/FedEx) yourself and get a case number; it strengthens the chargeback.
5. Refund refused → chargeback for goods not received. Card networks accept "delivered to wrong address / no signature / no proof of delivery to the cardholder" claims; a delivery scan without a signature is not proof you received it.
6. For theft after delivery (porch piracy), the seller's legal duty is weaker, but most retailers refund anyway; a police report and the request usually work. Your credit card's purchase protection may cover theft within 90–120 days.

Damaged or wrong item

1. Photograph the box, the label, and the damage before discarding anything.
2. Email the seller with photos; ask for a prepaid return label and a replacement or refund. Their mistake, their shipping cost.
3. Refused → chargeback ("not as described / damaged"). Keep the item until the dispute resolves in case the issuer asks you to return it.

Marketplace shortcuts

• Amazon: seller-fulfilled orders → A-to-z Guarantee (90 days). Amazon-fulfilled → "Problem with order" → refund is usually instant.
• eBay: Money Back Guarantee, 30 days from the delivery date, "item not received."
• PayPal: Resolution Center, 180 days, "item not received" or "significantly not as described."
• Etsy: Purchase Protection for orders under $250 (not received or not as described).
• Temu, Shein, AliExpress: in-app disputes with buyer protection; see Temu/Shein/AliExpress returns.

FAQ

The seller says I chose "no signature" shipping, so it's my risk

Not for a merchant seller. Risk of loss passes on actual receipt. Use the chargeback if they refuse.

It's a small Instagram/TikTok shop that stopped answering

Chargeback immediately; the 120-day clock is running. Report to the FTC and, if the shop is a scam, to the platform.

I paid with Zelle or a wire

No buyer protection; see payment app fraud. Never pay unknown sellers that way.