I received a partial refund from seller, but less than what seller had agreed to.

[amethystelectra26]

Hello everyone.

I made a purchase a few weeks ago for an electronic item.

It arrived today. When I opened the satchel, the retail box was saturated with water and almost like mulch. The item was still in good nic. But then I noticed the item was a lot smaller in size than expected. And then I looked at some of the specs on the box, and found it was different to that of the manufacturers website. Then I smelt a rat, and investigated further, and found the item was a fake, or counterfeited brand name. So, I pointed all of this out to the seller. After many eBay messages back and forth, I then get a message saying that they would be happy to refund me a 20% re-imbursement. I agreed to this, as I did not wish to rely on a dodgy seller refunding me in full, if I had to send it back, they would find some excuse to get out of a full refund. So then they processed the refund, but considerably less than 20% as agreed to. I have sent another message off, saying that the amount refunded is not what was agreed to.

How can I dispute my claim of refund with eBay. I do not see any provision for doing so. I dont even know if eBay will intervene. I mean to say, what the seller is doing, is totally wrong and against eBay policy, in selling an item to represent as being a top electronic manufacturer branded name. 

Cheers David. 

[domino-710]

I'm not sure what it is you don't understand.

If the seller is based in China - Australian Law - doesn't even come into it.

eBay - are the platform these sellers - sell from - they are not bound by Australian Law.

If the seller is not in Australia - Fair Trading - doesn't even figure.

By the way - it's ADVICE.

[amethystelectra26]

Lalalalala!!!!   I am not accepting you ADVICE.  I have spoken to Dept of Fair Trading.   Hahahaha.

[domino-710]

I too have had dealings with - Fair Trading - and that is total - torro dust. 🤣

[janeababe]

I’ve said it before, and I’ll say it again ….

….. you just can’t fix stupid! 

(and luv, the dept of fair trading won’t touch eBay disputes, as eBay has their own dispute process in place. ) 😉… and they certainly won’t go full hog over a $90 Chinese knock-off 😂

Run along now.  

[amethystelectra26]

And you run along too. You say that Dept of Fair Trading dont get involved, that is strange of you to say that, they do give advice, and they do give CORRECT advice. I have spoken to them and they gave me TERRIFIC advice unlike some here. You run along too. 

[domino-710]

Yeeeaaaa - you got - advice - right. 😂

[countessalmirena]

This isn't directed to the OP, as the OP has decided not to accept advice from the community here.

Rather, it’s to clarify what protection is offered to eBay users as explained by the ACCC. I hope it will prove useful for anyone coming across this thread in the future and wondering what the facts may be.

❝Consumer rights for online auctions

You can make a complaint and ask for a refund under the Australian Consumer Law if an Australian business selling through online auction, sold you a product that:

• misled you about features of the product or hid costs or other details from you
• was stolen, did not belong to the business or individual or came with outstanding debts, charges or restrictions the business didn’t tell you about beforehand
• was faulty or does not do what it is supposed to (but this does not apply to traditional auctions).

It may be more difficult to resolve a dispute with an overseas business selling through online auction. While you can report problems to the auction website, usually disputes are between the seller and the buyer, as the website is not involved in the actual sales process except in the case of traditional auctions or where the auction website is offering its own products for sale.❞

— https://www.accc.gov.au/consumers/online-shopping/ebay-online-auctions

[jellybirddesigns]

I guess I'm not the only one confused as to why the OP would spend more time contacting Fair Trading than actually opening a dispute, no matter where the seller is registered.

What advice did they give you? Please share it so we can all benefit from their wisdom.

[imastawka]

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@amethystelectra26 wrote:

To all of the advisors on here that try to tell me that my rights to this all has to do with where the seller is registered and not to do with me buying here in Australia. Well may I have the pleasure in informing you that you are ALL so incorrect. You think you know more than eBay and you do not. I am covered by Australia's Money Back Guarantee Policy. It has NOTHING, and I mean NOTHING AT ALL to do with where the seller is located. In fact, I will now quote the exact wording in the Money Back Guarantee Policy and I quote.

"Buyers and sellers are subject to the eBay Money Back Guarantee or other buyer protection policy (if available) of the site where the buyer completed checkout, regardless of the eBay site used to list the item or the registration details of the buyer or seller." 

I purchased and completed this using ebay.com.au and therefore it is considered an Australian Transaction not a Chinese one. This is why it is in writing, and you all try to tell me stuff!!!! I know my rights now. You put eBay customer service officers down, and this is not good. I think they do know their policies. You all tried to tell me that they will tell me what I want to hear, and not the truth. Well I know they told me the truth. I know this, as I also then double checked my rights and obligations with the Department of Fair Trading. They also confirmed exactly what the Customer Service team told me, and also confirmed by also pointing out wordings. 

If you are going to give advise on here, then get your facts right, and dont put customer service officers down. As you all dont write the policies. You dont implement the policies, You dont, nor can not enforce the policies. You can only give advise, and that advise should be accurate advise, or if not do not comment. 

Not impressed with your attitudes.   

Quite correct.  You are indeed covered by ebay's Money Back Guarantee -  BUT ONLY IF YOU OPEN A CASE FOR ITEM NOT AS DESCRIBED.

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[gutterpunkz05]

So what exactly did you buy,  not that it is going to make one iota of difference to your result with ebay, fair trading, or the man on the moon.   Even if you ever in a million years managed to get any sort of result with Fair trading,  how do you expect to enforce it in China.   Australia fair trading  has no powers in China.

Next time you accept a  refund of  20%,  you really need clarify with the seller exactly what is being refunded.

As apparently your agreement had no specifics, regarding the sellers expenses, shipping costs, ebay fees, etc.  Then you are on an absolute hiding to nothing as far as claiming a set dollar value.