@gympiegold,
When you purchase through eBay, you're covered by eBay's Money Back Guarantee in addition to your statutory consumer rights as stated in current Australian consumer law.
Under ACL, you are entitled to receive goods that are fit for purpose. It's moot whether the inability to charge properly is a major or a minor issue, but since the issue was noticed by you within a short time of purchasing - within 21 days - that (in my view) constitutes SNAD (significantly not as described).
Now... if you were to look for a consumer remedy under ACL, you'd have to identify whether this is a major or a minor issue. If major, you would expect to be able to reject the item and return it for either a full refund or a replacement. If minor, you'd give the seller the opportunity to fix the charging problem, replace the product, or give you a full refund. (I'm summarising. Full details in this guide to ACL.)
I do not believe that this falls under the issue of warranty, which is more for when a problem has developed within the warranty period. If the problem was present when you received the goods, that's more appropriately dealt with under your consumer rights to receive goods that are fit for purpose. (I'm taking your word for it that the unit never charged correctly.)
HOWEVER... when you buy on eBay, eBay itself provides a remedy, as I mentioned in my first paragraph and as you're obviously aware. That is, you have the right - if you received faulty goods - to request a refund or replacement by opening a SNAD dispute. The seller has an obligation under eBay's T&Cs to provide you with either of those remedies. If they don't, then all you need to do is escalate the dispute by asking eBay to step in, and eBay will enforce the remedy. You will need to send back the item (trackable postage method, and ensure that the goods are very well packaged to prevent any damage). The return postage cost is the responsibility of the seller if the goods arrived faulty to you.
You MUST follow the return process exactly. The link is here; scroll down to Your item didn't match the listing, or it arrived faulty or damaged, and click onto the ⨁ to expand the relevant information.
You bought on 29th September, and raised the return request within the required period - all fine. Under the Item Specifics, the listing states Charge Time: 3.5 hr. If the robotic vacuum cleaner is not charging fully (and has never charged fully) within that 3½ timeframe, no ifs or buts... it's not as described.
Were I you, I'd reply to the seller within the dispute process with something like this:
❝Thank you for your reply.
As this item (MyGenie ZX1000 Robotic Vacuum - Black) arrived with the fault described (of not charging correctly), it is an issue of the item being significantly not as described due to that fault. As such, I reiterate my request that you provide me with the appropriate return postage label and accept return of the faulty item. I remind you that in Australia, consumers have a legal right to obtain a refund from a business if the goods purchased are faulty, not fit for purpose or don't match the seller's description.
I am happy to wait for an additional 24 hours for you to provide me with the return label and to agree to accept the return of this faulty item. After that, regretfully I will have to ask eBay to step in.
Best regards,
[name]❞
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