Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

I recenty bought a product thst lasted 20 seconds before it broke...ebay did not honour australian consumer law which states that a item must be fit for purpose...it clesrly wasnt..... how are they getting away with this? Has this happened  to anybody else? Anybody taken ebay to consumer affairs? What was the outcome? 

Message 1 of 40
Latest reply
1 ACCEPTED SOLUTION

Accepted Solutions

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

Contact Consumer Affairs. Ebay can't get away with this unless they are allowed to. If the item is new and unused, then your issue is valid. This kind of consumer protection doesn't seem to exist in most other countries, but it does here, so Ebay needs to come to understand that. They think nobody will take action, that's all.

View solution in original post

Message 15 of 40
Latest reply
39 REPLIES 39

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

You don't buy from eBay.

You buy from other people advertising their products on eBay.

Similarly if you buy from a small company advertising in the local classified newspaper, caveat emptor, it is up to the buyer to a certain degree to check it is a reputable business and the product carries a genuine warranty.

 

Your case is with the seller, not eBay.

And if your seller is overseas, that is one of the pitfalls in buying cheap from O.S..

Little chance of warranties being honoured and legal cases being pursued.

 

But contact your seller and see what they are prepared to offer towards good order.

image host
Message 2 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?


@itsjohnny1wrote:

I recenty bought a product thst lasted 20 seconds before it broke...ebay did not honour australian consumer law which states that a item must be fit for purpose...it clesrly wasnt..... how are they getting away with this? Has this happened  to anybody else? Anybody taken ebay to consumer affairs? What was the outcome? 


There's a lot of legal stuff like that that is virtually unenforceable unless you care to start legal proceedings.

 

You're right, items must be fit for the purpose. What about other regulations-neighbours share half the cost of fencing, people who pay for goods should get those goods, those doing  certain work on building sites should be qualified, people who drive on the road should have a licence, and so on. 

 

If you buy from a reputable store or go with a reputable company, usually they will follow the law. But every single day, and not just on ebay, you'll read of people being defrauded or striking big problems where  they lose out, not through their own fault but because someone else has done the wrong thing by them.

And there is nothing much they can do because to pursue the law would result in more legal costs than they are likely to win back.

 

What you're talking about is probably a cheap product (relatively speaking) and I agree, you should theoretically be able to get money back. Maybe you would if you bought from BigW or KMart and took it in to show them. But the company responsible here is not ebay, they didn't sell you a thing. The oens you would need to legally pursue are the sellers.

Now, if they ripped off enough people or there were enough complaints about them, eventually those sellers might get kicked off ebay, but I imagine that's the extent of ebay's liability, because they already have procedures in place to deal with problems.

 

Have you thought of maybe opening a 'Not as described' case? Depending on the problem, that may result in you getting your money back if the seller won't help.

Message 3 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

lyndal1838
Honored Contributor

Did you contact the seller (NOT ebay) and let them know about the problem?

If the seller was not helpful did you open a dispute for Item Not As Described?

 

If these options were not successful you still could have opened a paypal dispute if that is how you paid.

 

You cannot take ebay to Consumer Affairs as they did not sell you anything but you could take an Australian based seller to Consumer Affairs.   Personally I think that would be a waste of time unless the item was extremely expensive.

CA is really a last resort after all other options have failed.

Message 4 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

Rather like buying something from a garage sale and wanting the warrenty honoured

 

Excecpt, of ,course on ebay, as the buyer you have all the power under the sun.

 

Have you opened a not as described dispute? (assuming the listing said the item was in full working condition)

 

Ebay is not like buying from an actual proper b&m store, unless it is an actual proper re-seller of the brand

 

 

Message 5 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

OP's fb left for others.     wow smiley.gif

Message 6 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

Judging from the (borderline abusive) "Feedback left for others", the OP seems to have unusually bad luck with their purchases...

Message 7 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

Think maybe you should avoid buying via ebay as the first page of your feedback left for others of 20 only 6 were +ive the rest are negs 😞

GO to a REAL shop where you don't have to worry about the packing and time it takes to be posted where you can pick it up and see the box it is in with the packaging

 

 

Message 8 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?

Ah, explains it all

 

I have the feeling things will improve greatly from now on

 

More parties with a happy outcome,so to speak 

Message 9 of 40
Latest reply

Ebay sellers breaking australian consumer laws when some goods sold are not fit for purpose.why?


@*sparklz*wrote:

Think maybe you should avoid buying via ebay as the first page of your feedback left for others of 20 only 6 were +ive the rest are negs 😞

GO to a REAL shop where you don't have to worry about the packing and time it takes to be posted where you can pick it up and see the box it is in with the packaging

 

 


One of the greens - " ...you did the right thing by me" - screams out REFUNDED.

 

The fact that the OP is so unhappy with 3/4 of his purchases and keeps on buying somehow says he's in plus.

Message 10 of 40
Latest reply