If a package you ordered online never shows up, the seller is almost always the one responsible for making it right, even though a strict reading of commercial law says otherwise. Figuring out who is responsible for a lost package comes down to the seller’s own policies, federal shipping rules, and the payment method you used, not the fine print of the Uniform Commercial Code. Your first call is to the seller, and if they won’t fix it, you have several layers of backup.
Why the Seller Usually Owns the Problem
The Uniform Commercial Code, adopted in nearly every state, sets the default rule for when risk of loss passes from seller to buyer. Under a “shipment contract,” the seller’s obligation ends the moment they hand the package to the carrier, and the buyer absorbs any loss after that. Under a “destination contract,” the seller stays responsible until the package reaches your address. The legal default is a shipment contract, which on paper puts the risk on you as soon as the carrier picks up the box.
In practice, this almost never controls what happens with online orders. Most major retailers voluntarily operate as if they have destination contracts and accept responsibility until the package arrives. Their return and refund policies reflect that, and they, not you, have the direct contractual relationship with the carrier needed to file claims. So the practical answer to “who pays when my package disappears” is: the seller, if you ask them.
What Federal Law Entitles You To
The FTC’s Mail, Internet, or Telephone Order Merchandise Rule requires sellers to ship within whatever timeframe they advertised. If no timeframe is stated, they have 30 days from the completed order, or 50 days if you applied for credit with the seller to pay for the purchase.1eCFR. 16 CFR 435.2 – Mail, Internet, or Telephone Order Sales
If the seller can’t meet that deadline, they must notify you and offer a choice: agree to the delay, or cancel for a full refund. You cannot be forced to accept store credit or a voucher in place of your money. When a refund is owed, it must come back within seven business days for cash or check payments, or within one billing cycle if you paid with a credit account the seller controls.2Federal Trade Commission. Business Guide to the FTC’s Mail, Internet, or Telephone Order Merchandise Rule A package that never arrives is effectively an order the seller failed to deliver on time, which puts you squarely inside this rule.
Start by Contacting the Seller
Your first move is always the seller’s customer service. Tell them the expected delivery date has passed and the package has not arrived. Because most retailers accept responsibility up to delivery, many will reship or refund without much argument, and for orders from large retailers this is often sorted out in a day or two. Keep the order confirmation, tracking link, and any chat or email transcripts.
If the Seller Won’t Help: File a Carrier Claim
If the seller refuses or tells you to deal with the carrier directly, you can file a lost-package claim yourself. Two things to know up front: deadlines are strict, and default coverage is low. All three major carriers cap their liability at $100 unless extra coverage was purchased at shipping.
- USPS: wait at least 15 days from the mailing date before filing (7 days for Priority Mail Express), and file within 60 days of the mailing date for standard domestic services. Priority Mail Express, Priority Mail, and USPS Ground Advantage include up to $100 of insurance in the shipping price.3Postal Explorer. 609 Filing Indemnity Claims for Loss or Damage4USPS. Shipping Insurance and Delivery Services
- UPS: file within 60 days of the scheduled delivery date. Maximum reimbursement is $100 if no higher declared value was specified at shipping.5UPS – United States. File a Claim6UPS – United States. The UPS Store Pack and Ship Guarantee
- FedEx: up to nine months from the shipment date, far more generous than the others. Liability is also capped at $100 unless a higher declared value was stated and the surcharge paid.7FedEx. File a Claim
All three carriers have online claim portals.8USPS. File a Claim You’ll need the tracking number, proof of the item’s value such as a receipt, and the order confirmation. Keep expectations realistic: without added insurance, $100 is the ceiling no matter what the item was worth.
If That Fails: Dispute the Charge
Paying by credit card gives you the strongest fallback. The Fair Credit Billing Act treats a charge for goods that were never delivered as a billing error, which gives you the right to dispute it with your card issuer.9Office of the Law Revision Counsel. 15 USC 1666 – Correction of Billing Errors Send a written dispute to the issuer within 60 days of the statement date showing the charge, including your name, account number, and why you believe the charge is an error.10Federal Trade Commission. What To Do if You’re Billed for Things You Never Got, or You Get Unordered Products
The issuer must acknowledge your dispute within 30 days and resolve it within two billing cycles, no more than 90 days. During the investigation they cannot try to collect the disputed amount or report it as delinquent, and if your claim is valid the charge is reversed.9Office of the Law Revision Counsel. 15 USC 1666 – Correction of Billing Errors
Debit cards are a different story. The Electronic Fund Transfer Act and its implementing regulation cover unauthorized transactions and certain processing errors, but “goods not received” is not listed as an error category the way it is under the credit card statute.11Consumer Financial Protection Bureau. Electronic Fund Transfers FAQs Many banks will still open a dispute as a matter of policy, and Visa and Mastercard both run debit dispute processes, but that is a courtesy, not a legal right.
When the Loss Shifts to You
Once the carrier’s tracking confirms the package was delivered to your address, the seller and the carrier have generally done their jobs. A package marked delivered and then stolen from your doorstep is, in most cases, your loss. Some sellers will still replace a stolen package as a goodwill gesture, especially for repeat customers, so it is worth asking.
There is an important exception. If tracking shows “delivered” but the package genuinely never reached you, the carrier may have delivered it to the wrong address. A common carrier can be liable for delivering goods to the wrong person, which makes a carrier claim worth pursuing when you suspect a misdelivery.12Office of the Law Revision Counsel. 49 USC 80111 – Liability for Delivery of Goods
For stolen packages the seller won’t replace, homeowners or renters insurance may cover the loss. Standard policies typically include stolen personal property, and that extends to packages taken from your doorstep. The catch is the deductible, often $500 to $2,000, so filing only makes sense for a high-value item.
Small Claims Court as a Last Resort
If the seller refuses to refund you, the carrier claim is denied or inadequate, and a credit card dispute is not available, you can sue the seller in small claims court. Filing fees vary by jurisdiction but commonly run from around $10 to $75 for smaller claims, scaling up with the amount. Small claims is built to work without a lawyer, and a case with a receipt, tracking showing non-delivery, and proof the seller refused to refund is about as straightforward as it gets. Weigh the amount at stake against your time before filing.