eBay Korean Monitor and Australian Warranty Law

Oneiricer on 22/12/2014 - 13:42

Hi Guys,

I wonder if anyone has had a similiar experience.
I brought a Korean monitor off ebay and a small part section of the monitor is now in a darker colour.
I emailed the seller who advised that because the warranty period is only 1 year (mine is about 1 year and 4 months) they no longer cover it.

Reading an article on theage however i've found that:

Under Australian consumer law, consumers may be entitled to a repair, replacement or refund on a product beyond the time period covered by the manufacturer's warranty if the product suffered "major failure" or is not of "acceptable quality".

…

The fine print included the statement that "you are entitled to a replacement or refund for a major failure and compensation for any other reasonably forseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."

Read more: http://www.smh.com.au/business/fisher--paykels-fine-print-to…

My question is, are sellers who sell on ebay in Australia covered by this law too?

Thanks

Oneiricer

Computing Computer Peripheral LCD Monitor

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Comments

  • Settero on 22/12/2014 - 14:21
    +8

    lol. aus law for a purchase in korea.

  • PissLUR on 22/12/2014 - 14:27
    +2

    No

  • p1 ama on 22/12/2014 - 14:33
    +1

    My question is, are sellers who sell on ebay in Australia covered by this law too?

    No, you bought the monitor from Korea.

    Also, good luck trying to get an eBay seller to honour warranty.

    • [Deactivated] on 22/12/2014 - 14:58

      The ACCC say our consumer protection laws apply for overseas online purchases, but they are difficult/expensive to enforce (ie, too hard basket if they don't have a good relationship with the overseas consumer protection agency).

      As Choice says,

      “Australia’s consumer protection laws provide recourse for online shoppers irrespective of whether the seller is based in Australia or overseas,” we argued. “The enforcement of these laws may be more difficult to pursue when the seller is located overseas.” Furthermore, the ACL can be pursued against parallel importers in Australia such as kogan.com.au and dstore.com, regardless of where the products are sourced from.

      For eBay purchases, the ACL doesn't apply for online auctions, only Buy-it-now.

      For OP's monitor that's more than a year old and possibly a cheap purchase, the hassle is likely going to outweigh any benefit (cost of shipping, time, dealing with Korea Consumer Agency, etc) - the ACCC won't be much help.

      • killergreely on 23/12/2014 - 12:41

        When I tested this, the ACCC wrote to me and explicitly stated that Australian consumer laws do not cover items purchased from vendors overseas. No ifs or buts. You have to contact whatever consumer protection agencies exist in the seller's country.

        You are also liable for any shipping costs involved, whereas with Australian statutory warranty, you are not. Given the price of overseas postage from Australia, this alone negates the usefulness of any overseas warranty you may be able to claim on.

        Having said all that, if the eBay seller claimed to be based in Australia, then your warranty is with them and not with the supplier/wholesaler. Providing the item was purchased at a set price and not by auction, then they would be bound by Australian consumer laws, but as has been mentioned, good luck with that…

  • Cheeper on 22/12/2014 - 15:52
    +1

    When buying that bargain item from overseas always ask yourself if the savings is worth no warranty and no consumer rights.
    Also quite often the item may not even get delivered and you have an uphill battle getting a refund.

  • Typical16-bitEnjoyer on 22/12/2014 - 20:24

    "I brought a Korean monitor"

    "Under Australian consumer law"

    "Reading an article on theage however i've found that"

    You must immediately contact consumer affairs, a current affair, today tonight and womens day.
    Your rights have been violated! Fairfax Media are NEVER wrong*

    • sarcasm
  • tonyjzx on 22/12/2014 - 21:14

    lol this thread

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