How fair is it to pay Express Post only to find a week later the vendor is away, and doesn't accept

[Abstract]

Paid extra for Express Post, almost a week has passed item still not shipped. Note Vendor does not accept "returns" which is against aussie Consumer Law (vendor and buyer are aussie). EBay interjects with auto-popup I can't simply cancel my order either, says it's "too late"... but the item as yet hasn't even shipped - eBay. In this case, it's fairly certain under aussie Consumer Law eBay doesn't get to host which way the free market goes. 

Is it fair for online vendors to leave their "business" running unattended, offering speedy despatch etc while they are temporarily unavailable for any extended period?

 

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Is there notification on their site that they are 'away'?