Refunds are not my area of expertise but here goes.
Whether you are entitled to a refund will largely depend on if the item was new or second hand, and whether it was a private sale or purchased from a business, but as a general rule, - “Legally, refunds are only available if the goods are faulty or defective, different to the sample shown or described in advertising, or not fit for the purpose intended’ (extract from the NSW Fair Trading web site but the same applies in all states). That is, irrespective of whether you paid full price or the sale price, if it faulty, defective or not as described you are entitled to a refund irrespective of what the sellers returns policy says.
The above is not to be confused with change of mind returns. That is you got it, it wasn’t faulty or defective and was as described, but now you see it in the flesh so to speak, you don’t like it. In such cases returns are at the sellers’ discretion, and if they do accept these kinds of returns, they can impose any limitations they like as to how and when. But what they can’t do is say we accept returns and then mislead you as to the conditions which apply. That is, if conditions apply, those conditions must be clearly stipulated in the listing..
Now if I understand your circumstances correctly, the listing said they accept returns subject to the following conditions but the “sale’ item preclusion wasn’t mentioned in the listing, and the first time you found out about it was when you tried to return it; and if that is the case, I would e-mail the seller something like.
‘In your listing you stated you accept refunds conditional on it being returned within 2 weeks with tags attached and in the same condition it was in when purchased. Nowhere in your listing did you make any mention that ‘Sale’ items were excluded, nor did you identify in your listing that this was a ‘Sale’ item. As such I expect that you will honour your returns policy and accept the return of this item..
Please advise within 7 days whether you are now prepared honour your returns policy as specified in you listing’
Then, if you don’t receive a response or the answer is no send them something like
‘As you have refused my request’, or in the alternative ‘As you have failed to respond in the time allowed, I repeat my request that you accept the return of this item and if this matter is not resolved to my satisfaction within 7 days of this correspondence, I will lodge a complaint with Fair Trading on the grounds that your listing was deceptive, Deceptive because, though your listing clearly stated you will accept returns subject to certain conditions, conditions I am, have always been, and remain prepared to satisfy, you now refuse to accept the return citing a condition which was not disclosed in the listing.
Then if they don’t respond or still refuse to refund lodge a complaint with Fair Trading.
Finally and for completeness sake, all of the above is conditional on the seller being a business, but you don’t have to have an ABN or be registered as a business to be a business, That is, if this seller buys stuff with the intention of selling it at a profit then they are a business irrespective of what label they choose to place on their activities. So if they respond with “the Fair Trading Act doesn’t apply because we are not a registered business”, lodge the complaint anyway and let Fair Trading decide if they are a business or not
sTCqvBScrpq,LIg~~60_7.JPG "the-kazbar"){kind=avatar}
