@yippyiyo,
(What a fun username, by the way!)
Irrespective of the platform, an overseas warranty can - as a general rule - not be enforced.
Please read the ACCC's page concerning parallel imports; I'll quote briefly from it below.
“While you have the same consumer rights when you buy parallel imports as you do with any other goods, it may be more difficult to obtain a remedy if something goes wrong with a parallel import.”
From this, you should infer that it is not illegal to buy parallel imports through an online platform, BUT that it's neither eBay's nor PayPal's responsibility to compel an overseas seller to honour a warranty stated in a listing. The ACCC can't do so; Australian Consumer bodies can't do so; the police can't do so. As the ACCC specifically states:
“If the seller is based overseas, there may be practical and legal difficulties in enforcing your consumer guarantee rights against an overseas business.”
This means that you as the buyer should be aware that you're buying sans any enforceable warranty if you buy from an overseas seller.
(And that's assuming that the item is even genuine! Buying some items from a Chinese seller has a worse risk... that of the item being a knock-off (usually made of substandard components and without meeting the genuine item's product specifications). In that case, you have less than zilch chance of having a "warranty" honoured.)
Is it your view that eBay should not allow genuine products that are grey imports/parallel imports?
There is nothing in our Consumer Legislation that imposes such a constraint.
Our Consumer Legislation certainly allows Australian buyers to purchase items not manufactured for the Australian market or not specifically allowed by the manufacturer. Quoting from ACCC:
”“Most manufacturers allow businesses to distribute and sell their products in particular countries, including Australia. However, sometimes a business will sell genuine products which have been bought into Australia without the specific permission of the manufacturer. That's called a parallel import. Parallel imports include many different products such as groceries, alcohol, personal care products and electronics. They can be sold online or in-store.”
(Rubrication is mine.)
It's also clear that the buyer assumes the risk.
Is it your view that eBay should not allow Chinese sellers, for instance, to post anything in their listings about warranties?
I am sympathetic to this. It is misleading. If an Australian eBay seller offered a warranty and didn't honour it, you could report the seller to eBay and expect to see action taken(account suspension, removal of listings, etc). You could - more importantly - pursue the seller under Australian Consumer Legislation.
ebay even have a Warranty Policy but - and this is the catch - it is the eBay Australia policy, not eBay China. It does not and CANNOT apply to eBay sellers registered in China.
Chinese law differs considerably from ours. eBay.cn operates under Chinese law and with very different expectations. eBay.com.au could, I suppose, require that eBay China sellers listing items available for Australian buyers NEVER include any warranty information ... or include a caveat such as "This warranty is not enforceable for Australian consumers"... but how could that be policed or actions? Would it even be possible to enforce that requirement under Chinese law? Would eBay even consider such s a thing, given its history and shaky presence in China?
In the end, it comes down to the buyer being aware that a Chinese eBay seller's "warranty" is mere puffery, as reliable as a bridge made of fairy floss.
if you want a valid warranty, buy from an Australian authorised reseller for the particular brand you wish to purchase. There are quite a few on eBay Australia. If in doubt, contactvyhe Australian distributor or manufacturer and ask if the seller is an authorised dealer.
