❝It's never pleasant to end up with a product whose warranty isn't worth a goat's hiccup. Just be aware that when you purchase from an overseeas seller, anything stated by an overseas seller on a listing on eBay is simply not enforceable.
Asian sellers (esp. Chinese sellers) on eBay are particularly prone to stating "1 year warranty", "2 year warranty", "5 year warranty", etc., but to all intents and purposes, it's sheer flimflam. If you're buying something where a warranty is necessary or a good idea, the only way to be certain that you're covered by that warranty is if you are buying a genuine product from an authorised Australian seller for that item. It's enforceable under Australian consumer law, and you can have peace of mind that if something goes wrong while it's still under the warranty period, your item will be repaired or replaced as per the terms of the warranty.
You might want to read eBay's Warranties policy. This isn't a policy providing warranties, for buyers to rely upon; rather, it's a policy about what a seller's obligations are re offering warranties - "under Australian consumer law". That clearly indicates that warranties for an Australian buyer only have validity if they're offered by a seller who has responsibilities to buyers under Australian consumer law (and that automatically excludes all overseas sellers). However, even that is not enough to protect you if you've bought from an Australian seller who is NOT an authorised seller of a genuine item, or if you've bought an item from someone who isn't a business, doesn't have an ABN, etc. eBay does not itself pursue sellers to force them to honour a warranty in an eBay listing. Your only hope of enforcing a warranty from an eBay seller is if the seller is a registered Australian business and you pursue them as you would any other Australian business, through your state's consumer law.
Also note: eBay's Money Back Guarantee specifically spells out that "The eBay Money Back Guarantee is not a product warranty, and does not replace your Australian Consumer Law rights." Don't rely on the MBG for this purpose; it isn't intended as that and won't cover instances where you are trying to rely on the promised warranty of a listing.❞
Before you buy...
❝If you are unsure whether you're buying a parallel import:
- ask the seller or manufacturer
- check the manufacturer’s website for a list of authorised suppliers or distributors in Australia.❞
And... if you're buying from an overseas seller, and it is a grey import/parallel import:
- ❝If the product comes with a manufacturer’s warranty - that warranty may not apply in Australia, or depending on the terms and conditions may not apply to products sold as parallel imports.
- Although your products may carry a particular or popular brand name - if it is sold to you as a parallel import, the local manufacturer is not required to help you if the product develops a fault. You need to contact the seller.
- You may not be able to get assistance such as product/technical support or repair/spare part facilities from the local manufacturer or their representative. For example, the software of your product may not be suited for the Australian market. You need to contact the seller.
(From https://www.accc.gov.au/consumers/sales-delivery/buying-parallel-imports)
If you're asking for the Australian supplier/distributor, "the local manufacturer is not required to help you". Also, "You can contact the Australian manufacturer of the product but it may refuse to provide you with a remedy if it did not give permission to the seller to sell the product in Australia."
If you're asking for the overseas supplier/distributor, "If the seller is based overseas, there may be practical and legal difficulties in enforcing your consumer guarantee rights against an overseas business."❞
The take-away points:
- A warranty or guarantee on an eBay listing is made up of words. Words pertaining to your consumer rights only have force in certain contexts... otherwise they are just words.
- A warranty offered by a Chinese seller is worthless. 1-year-warranty, 2-year-warranty, 3-year-warranty, 10-year-warranty - worthless.
- eBay do not provide a product warranty, and you can't use their MBG as a product warranty. It's only for when an item ARRIVES in not-as-described condition, or doesn't arrive at all.
- PayPal don't provide a product warranty either. You can't use their Buyer Protection as a product warranty. Again, it's only for when an item ARRIVES in not-as-described condition, or doesn't arrive at all. (PayPal specifically spells out that ❝The Buyer Protection Policy does not indemnify you for loss which may be incurred and it is not a contract of insurance.❞)
- If you discover something wrong with your item within 30 days of its arrival (or latest estimated date of arrival), or you discover that your item is a fake within that period, you're covered by eBay's MBG - but if you discover anything after that 30-day period, you are not covered.
- You have 180 days under PayPal's Buyer Protection, but if it's a problem that developed after use, you may be out of luck.
- If a buyer opens what eBay consider ❝excessive requests❞), eBay may ❝indefinitely suspend the buyer's coverage under the eBay Money Back Guarantee❞.
- If your PayPal account is not ❝in good standing❞, you won't be covered by PayPal's Buyer Protection. ❝In good standing❞ may include ❝Excessive disputes or reversals❞.
- For any item where a warranty is desirable, you should purchase from an Australian business that is an authorised dealer for the item you are purchasing.
- If you purchase from Australian businesses, you have legal recourse under Australian Consumer Legislation. If you purchase from overseas businesses, you have neither any such legal recourse nor any enforceability of any offered warranty.
- Product specification - capacity, performance, component materials, safety, etc. - is not subject to any guarantee if you purchase from a Chinese seller, and unless you discover such issues before either the eBay MBG period or the PayPal Buyer Protection period, you have no way to be compensated for receiving an inadequate or fake product.
- Buying Australian where possible is not a mere matter of patriotism, or good for the Australian economy as a whole... It's also a matter of your consumer protection.
- If you have to buy from an overseas seller, don't be swayed by lowest price, or seller promises of warranties, or eBay endorsements of the seller (Top Rated Seller, or eBay Premium Service). Such ratings of the seller do not guarantee authenticity, authority to sell certain items, or quality of items. You should use good judgement - buy from manufacturer, or from authorised overseas sellers of the items (check manufacturer's list of authorised sellers).
- Above all, be consumer-smart. Caveat emptor as a concept dates back to ancient civilisations, but was enshrined in English law (Chandelor v. Lopus (1603) Cro Jac 4.) in the 17th century. While consumer legislation offers buyers additional protection even if the buyer has been a bit of a fool, there's no denying that it's better to avoid a bad purchase than try to seek remedy post-purchase.
