The item I received online is defective or not as described — what are my rights?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
You are entitled to what you actually paid for. An online sale is a valid, enforceable contract (E-Commerce Act, RA 8792), and the Consumer Act (RA 7394) protects you against defective and misrepresented goods with the same repair, replacement, or refund remedies as an in-store purchase. In practice, first use the platform's own return/refund dispute (Shopee, Lazada, TikTok Shop, etc.) within its window, uploading photos or an unboxing video of the item as received; that is usually the fastest route for a defective or wrong item. If the platform won't resolve it, escalate a consumer complaint to the DTI. Important distinction: a genuine seller sending a defective or wrong item is a consumer-rights / warranty matter (this cluster). If the 'seller' was fake, took your money and vanished, or the goods are counterfeit and deceptively sold, that is fraud — see the Scams & Online Fraud cluster.
Primary sources
Frequently asked
Is this the same as an online scam?
Not necessarily. A real seller shipping a defective or wrong item is a consumer-rights matter under RA 7394 (this cluster). A fake seller who took your money, or knowingly sold counterfeits, is fraud — report it via the Scams & Online Fraud cluster.
Do platform buyer-protection refunds replace my legal rights?
No. A platform's return-refund program is a practical, contractual remedy layered on top of your RA 7394 rights — not a substitute. If the platform fails you, you can still escalate to the DTI.
The listing showed something different from what arrived — what basis?
Selling goods inconsistent with the information, packaging, or advertisement is covered by RA 7394 (Art. 100 imperfection; deceptive-sales provisions). An online contract is enforceable under RA 8792.
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Your rights when something you bought is defective — the repair, replacement, or refund a seller owes you under the Consumer Act (RA 7394, Arts. 68 and 100), why a blanket "No Return, No Exchange" sign is illegal (a deceptive sales act the DTI prohibits), the free implied warranty you get even without a warranty card (60 days to 1 year on new products), hidden defects discovered after purchase and the 6-month redhibition action under the Civil Code (Arts. 1561, 1566, 1567, 1571), the Price Tag Act rule that you cannot be charged more than the displayed tag (Art. 81), the Philippine Lemon Law (RA 10642) for a brand-new car with the same defect after 4 repair attempts within 12 months or 20,000 km, defective services, manufacturer vs seller liability, and how to file a DTI complaint. This cluster is about legitimate purchases that turn out defective — online-shopping fraud and fakes live in the Scams & Online Fraud cluster.