In message , at 09:56:32 on Wed, 29 Feb
2012, Stephen Sprunk remarked:
There is no question; if the order was "FOB destination", as is the norm
for mail-order operations, and they accept payment but do not deliver
the goods to the destination as promised, that is fraud.

It's only supplier fraud if

(a) the local law defines it as such - in some jurisdictions it's
possible the default is FOB.

(b) the supplier refuses to accept that the delivery failed (goods
stolen in transit or delivered to the wrong address), and doesn't send
the goods a second time.

(c) it isn't customer fraud.
--
Roland Perry