Last updated 13 September 2025

The terms and conditions of the sale of goods and services over the internet are usually displayed before the agreement is made. Often pressing ‘I agree’ will result in entering into a contract.

It is often difficult to work out where the contract was made when something is purchased online. This is important if the consumer wants to take legal action against the seller, as legal action can only be commenced in the place where the contract is made or a place specified by the contract.

If goods are purchased from Australian businesses, the Australian Consumer Law (ACL) and any law of the relevant state or territory where the contract is made apply.

If overseas goods are purchased, consumer rights may also apply. For some goods that are not governed by the ACL, the Sale of Goods (Vienna Convention) Act 1986 (Qld) makes the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Sales Convention) part of Queensland law for international sales, which requires conformity that goods are fit to purposes and match with the quantity, quality and description under the contract. However, the consumer may find it difficult to enforce their right if the business is not based in Australia or the business is in a country that is not a party to the Vienna Sales Convention. Even if the goods come from countries with strong consumer protection laws, it will be difficult to enforce these if the seller does not comply with the law.

There is some specific legal protection given to purchases made from auction sites (e.g. eBay) that operate over the internet. For example, if the goods sold do not correspond with description, the seller may be liable for a breach of the implied condition under the contract of sale. The buyer will obtain the ownership of the goods and there is a guarantee that the goods must be free from any undisclosed security. However, most statutory guarantees do not apply when the seller is a private person.

If a credit card or some other payment method is used (e.g. PayPal), it may be possible to cancel the payment to a seller if they fail to arrive. If there is a dispute, the consumer may be able to access an alternative dispute resolution scheme if the payment platform is a member of such a scheme.

If goods are paid for in cash, by a debit card or by direct transfer from a savings or cheque account, these protections are generally not available unless the auction site itself guarantees receipt of the goods.

Digital products, such as software and eBooks, are protected by consumer guarantees. For instance, if the digital product is defective, you may be entitled to a refund. Free trials or subscriptions usually require cancellation within a short period to avoid charges.