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qldlawyer, Solicitor
Category: Australia Law
Satisfied Customers: 13
Experience:  LLB (Hons)
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Hello Earlier this year I ordered and paid for some goods

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Earlier this year I ordered and paid for some goods from a China. The seller supplied a tracking number which showed that he had sent the goods to Austria not Australia. I am unable to follow through with the carrier EMS and the seller will not answer my e-mails now. The consulate and trading centre in Australia have been unable to assist.
The amount was over $300, I can't afford take legal action, which would probably cost a lot more. However, this is a lot of money for me to lose.
Please help
With Thanks
Hello Sunny,

This is a civil matter in contract law for a relatively small amount which is why the Australian authorities are not able to assist you. Also EMS has apparently delivered the item to the address given to them by the sender so there is no liability on their part and even if there was it would be the sender who would need to follow that up with EMS.
Your options are to pursue them through legal action in an Australian court which as you say will probably cost more than what you have lost and there is no guarantee you will be successful or if successful that you would be able to enforce the judgment against the company in China. Or your pursue them through the Chinese legal system to recover your money which again is probably going to cost you more than you have lost as you would need to engage legal representation in China. Unfortunately if the company continues to ignore your emails you may have to accept the loss as commercial reality is that it is probably not worth taking legal action to recover a relatively small amount from foreign company in a foreign jurisdiction.
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