StarTrack says delivered but no parcel: what to do

Who is responsible for a late or missing parcel from StarTrack?

An order bought online from a business is in most cases for the seller to sort out. Section 36 of the Australian Consumer Law requires a business that took your payment to supply the goods within the time it stated, or within a reasonable time if it stated none. There is an exception where the failure came from someone else or a cause outside its control and it took reasonable precautions, and a seller may say a courier's failure fits it. Section 36 itself promises no refund, and the law does not spell out who carries the risk of a parcel lost on the way. Government guidance in Western Australia says the seller is responsible for resolving delivery problems with the courier, and that you are entitled to a refund if it still fails to deliver. StarTrack itself points receivers of a lost or damaged item to the sender first, because the sender can replace it and may have bought Transit Warranty. Sale of goods law in your state and the seller's own terms may also play a part, and this page does not cover them.

If you sent the parcel yourself, your contract is with StarTrack, under its Terms and Conditions. StarTrack sells mainly to account holders, and Next Flight is the only one-off service it sells by credit card. The terms exclude liability for lost or damaged goods unless you bought Transit Warranty, which is capped at $5,000 unless StarTrack agrees another amount, and for delay, non-delivery and mis-delivery. Rights under the Australian Consumer Law that cannot be excluded still apply. StarTrack says that in certain circumstances these can include a refund of what you paid for the delivery, and its terms limit them, where the law allows, to resupplying the service or paying what that costs.