on 07-08-2019 03:54 PM
Why are sellers, who are using Virginia Surety Company Inc as a protection for Australian Purchasers, now trying to circumvent the
Australian warranty rulings for the purchase and failure of their product , sold to these buyers.
These sellers no longer wish to answer messages regarding their faulty products.
Solved! Go to Solution.
on 09-08-2019 01:49 PM
@augelectcentre wrote:
I know and accept what you have written. BUT what if I had not bought and paid for insurance . Then the seller would be responsible for the Australia Warranty Conditions , which would be to refund or repair. This seller does not even acknowledge your requests for his warranty provisions.
Warranties on products are offered above and beyond basic consumer rights / protections, and they are voluntary (to offer, I mean). That is, there is nothing obliging any Australian seller to offer a warranty on anything they sell. They do need to honour any warranties that they offer, and retailers can not deny or defer claims by redirecting consumers to the manufacturer for warranty claims, either, as long as the warranty that is offered is valid (for many items sold on eBay, the warranty offered by the manufacturer is not valid, as many sellers are not authorised retailers).
Consumer protections provide buyers with the right to the seller's choice of refund, repair or replacement for minor problems, or the buyer's choice of refund, repair or replacement for major problems but there is no clearly defined period for these as it very much depends on the item itself, and how reasonable the expectation that it will be free from faults of defects within certain periods of time (for example, it's not reasonable to expect a $5 pair of headphones will be as good quality or last as long as a $500 pair of headphones, therefore the timeframe that the basic consumer protections available for these two products will be very different).
Obviously I don't know the item in question, what the seller's listing stated, whether they did offer a warranty and all that, so I am speaking generally here, but it's important to understand the distinction between warranties and Consumer Rights (in fact, consumer rights can still apply after a warranty has expired).
Re: the Virginia Surety insurance - sellers don't even get a choice over whether that is offered on their listings - if it's an electronic item and is listed as brand new, it just gets added by eBay.
on 07-08-2019 04:13 PM
Afraid I cannot answer that as I am not a seller who does it nor have I heard of it
But, as you say the item(s) in question had a warranty, then obviously the sellr(s) would have to be authorised sellers/re-sellers of the brand registered in Australia and should have sent all warranty paper work with the item
If such a seller is not responding to eBay messages, you may need to contact the company via their website instead
Have the eBay store/authorised re-seller’s name handy as they will likely ask you for it
If the seller was not an authorised re-seller of the product, then there is no warranty to start with, regardless of what the listing stated
on 07-08-2019 04:16 PM
Sellers do not offer insurance. Virginia Surety is a seperate insurance offer, that can be taken up via ebay. The seller has absolutely nothing to do with providing the cover or the claim process.
on 07-08-2019 04:19 PM
Ahhh, that is what is. Like I said, I had never heard of it
on 07-08-2019 05:21 PM
It only appears on listings for items which need warranties like electrical items, cameras etc......the things you and I would not buy on ebay anyway.
on 07-08-2019 05:25 PM
Thank you for that
Certainly explains why I have never seen it
on 07-08-2019 09:37 PM
They're fairly well known.
Some online retailers offer their warranty as an extra.
on 09-08-2019 01:28 PM
on 09-08-2019 01:34 PM
on 09-08-2019 01:37 PM
@augelectcentre wrote:
BUT what if I had not bought and paid for insurance . Then the seller would be responsible for the Australia Warranty Conditions , which would be to refund or repair.
The warranty is only valid for sellers that are registered in Australia AND are the authorised resellers of that item or the authorised distributors of that item.
If that is not the case then the implied warranty is not enforceable.