@ikion748 wrote:I would suggest that there is a tacit understanding that all items sold on EBay conform to Australian Standards, otherwise, if this is not the case this opens a huge can of worms, because it then becomes incumbent on the buyer in every instance having to ask this question " Is this item listed on EBay and sold by You, complaint with Australian Standards"
@ikion748,
No, thereโs no tacit understanding that โall itemsโ sold on eBay conform to Australian Standards.
1. For one thing, many of the items are sold by international sellers. Particularly pernicious are the items sold by Chinese eBay sellers.
2. It is indisputable that Chinese sellers (registered on eBay.cn) will flat-out lie to your face about warranty, Australian standards, genuineness, etc. Faked certificates of compliance have been used in noted instances.
3. eBay Australia has no jurisdiction over international sellers; eBay.cn wonโt even attempt to enforce compliance with Australian Standards. The reasons are based upon eBayโs historical presence and activity in China.
4. eBay have the following little disclaimer in each listing: โSeller assumes all responsibility for this listingโ.
5. Getting accreditation, meeting Australian Standards, being given the mark of compliance for electronic or electrical goods - these are lengthy, rigorous and costly processes. Ditto for the approval process for medical or health devices, medicines, and so on. Chinese sellers do NOT go through these processes - for at least the following two reasons: (a) itโs a very expensive process, and (b) their goods wouldnโt meet the required standards anyway.
6. eBay cannot and wouldnโt be checking any assertion of accreditation or standards or warranty. Itโs not their responsibility. I hold the view that allowing the flood of Chinese fakes and unbranded items is detrimental to the safety of buyers, and basically irresponsible, but in law eBay have no such responsibility (as things stand now) with the various disclaimers and T&Cs. eBay are not the seller; they are the market space.
7. eBay will act if presented with unequivocal and unavoidable evidence of an issue with safety standards. This evidence must rise to the level of a legal notice. eBay are reactive, not proactive.
It comes down to โCaveat emptorโ. You as the buyer must consider the important aspects of importing an item into Australia, and be sure that the item is of the required standard. It is frustrating and in some respects outrageous, but there it is.
Consider the appalling case of the bouncy castle deaths. That bouncy castle was imported by the business owner from China. She asked for assurance that it met Australian standards. The seller assured her that it did, and provided an accreditation/compliance number. Unfortunately the buyer did not check any further; the body issuing that number gave evidence in the recent court proceedings that the documentation was fake.
Soโฆ donโt believe an image, a document, an assurance when it comes to buying from China (for instance). If what youโre buying ought to be accredited/made to Australian Standards, check with the issuing body of the compliance mark or number.
