Is there anything I can do if a seller fails to honour a 12months warranty ??

[micknnicki]

Hello,

I purchase a ‘trail camera’  that came with a 12 month warranty and the camera has stopped working after just 6 months, it had been used for only a few weeks prior and the seller refuses to answer any of my messages ?! I did receive one reply asking what was wrong of which I replied outlining the problem along with a couple of picture and now nothing ?? I’ve tried several times since to contact the seller but they never reply even offering a video showing the problem and or to return the camera for the person to claim on the warranty through their supplier but still nothing ??

Is there anything I can do to get the seller to reply and to honour the 12 month warranty as if you offer it you should be held to it ?? If anyone has any suggestions on what I can do it will be very much appreciated !?

Fingers crossed that I can get a result or it’s $80 down the drain or thrown in the rubbish !?

’Thanks’ in advance and regards,

Mick...

[lyndal1838]

You need to check up on your Consumer Law....if the seller is a registered Australian business there is plenty of protection for consuers starting with Fair Trading in their state.

[letscleanupmycupboards]

jun_watatase HELL YEAH I AM! Will cost me nothing to file a complaint with any number of consumer groups that will help out for free because that's how it works here.

Warranty is on the manufacturer not the seller so more important to stick to brands with a presence in Australia. Just remember though the buyer is always going to be the one paying to send it to the manufacturer for repair (unless they're one of the few that cover this too).

[davidc4430]

first buy from an aussie seller

second buy products from companies with an aussie head office.

third check the item is actually imported by that aussie distributer.

this is mainly for expensive electric and battery powered stuff.

i find its pretty much allways better to buy some things from a real bricks n mortar store and have it delivered.

[jun_watarase]

But do they have any legal power to do anything? Ive seen consumer groups before...they only offer to "mediate" with the company...so if the company ignores them (which is most of the time) they cant do anything...

[jun_watarase]

The law on paper and reality is often a different thing. If you look at real estate law, it LOOKS like tenants are heavily protected. In reality, fair trading cant do anything except try to mediate with the real estate agent/landlord and your only recourse for legal action is to pay money to go to the tribunal.

Which i actually did before, and then the judge refused to listen to my side of the story and kept shouting at me to sign a form without reading it because he wanted to resolve the case ASAP.

I was working with a lawyer from my area's tenancy advisory services who had previous assured me that the law was 100% on my side and all i had to do was tell my side of the story. When I called her after the hearing and told her what the judge did, she just said she didnt know what happened, started making vauge excuses and suddenly stopped returning my calls...

[countessalmirena]

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@jun_watarase wrote:
But do they have any legal power to do anything? Ive seen consumer groups before...they only offer to "mediate" with the company...so if the company ignores them (which is most of the time) they cant do anything...

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Yes.

Maximum penalties (heavy fines) can be imposed when, for instance, a business provides false or misleading consumer information.

If a consumer has a complaint about a business, and hasn't been able to get what is effectively a refund via a chargeaback or by talking to the business, etc., Consumer Affairs will get involved if the case comes under the Compliance Policy of Consumer Affairs Vic, for instance. (I'll restrict my examples to Victoria.)

If it's a warranty issue and the business has not repaired, replaced or refunded (and refuses to do so), the consumer can get the item fixed and then charge the business the reasonable cost of repair, OR get in touch with Consumer Affairs to pursue a replacement or refund (if unable to get refund via chargeback, for instance).

If Consumer Affairs can't reach a resolution with the business (which is one of the least likely scenarios because of the negative impact which unresolved complaints will have on a business, such as fines by ACCC of up to $500 000.for an individual and up to $10 000 000 for corporates), the customer will be guided to the next step, such as VCAT. VCAT fees aren't high.

If the customer goes to VCAT, as long as the customer has the relevant information and presents it in a calm and orderly fashion, demonstrating that there are grounds for complaint, that there have been all due efforts to resolve by communication with the business, that the resolution process has failed and that no refund has been given, it's very straightforward.

[micknnicki]

Hi,

Ive dealt with other international seller who honour their warranties so I was hoping that this seller would also !? Is there a cutoff at our borders when it comes to good customer service and standing behind the products you sell ??

[micknnicki]

We learn by our mistakes so I’m just going to take this one on the hip pocket and move on !? I’ve managed to change the review I left so the next ebay buyer gets a look at the update and doesn’t waste their time and money like I have !! ‘Thanks’ for the tips and assistance !!

[micknnicki]

It’s over the 6 month period so I’m just going to cop this one and move on !! ‘Thanks’ for the reply !!

[micknnicki]

I wish it was 6 months of use but it sat on the shelf all but a few weeks which sucks as if I used it when I revived the camera it might have failed early in the piece and I might have some joy ?! I’ll just cop this one and move on !!