Overseas seller, Australian website, local laws?

damnable on 14/01/2015 - 22:06

Hi,
I purchased one of the Nexus 7, 2012 deals that was around a few months ago from Expansys.com.au however I'm now having a lot issues with it. It's still under warranty and I requested a refund from the store.

Expansys has replied saying that their refurbs can only be repaired (not refunded) and that it must be mailed to Hong Kong, including all original packaging and accessories to be repaired.

So my question is does this store come under the applicable Australian consumer laws, especially as it is operating from a .com.au address with prices in AUD?

I ask because local laws say I have a choice of a refund and if I do return it I am not required to include original packaging.

Electrical & Electronics

Related Stores

Expansys
Expansys

Comments

  • Settero on 14/01/2015 - 22:38
    +1

    its a overseas company, your kinda screwed. no way to enforce aus law for a hk company.

  • Cheeper on 15/01/2015 - 00:28

    Does your receipt show an Australian ABN? If not then you are out of luck.

    Savings from overseas purchases should be weighed against no warranty and no consumer rights. With expensive items it is usually worth paying the little more and buying locally.

  • Almost Banned on 15/01/2015 - 00:30

    What you are entitled to and what you can actually make them do unfortunately are often different things.
    Your statutory rights are only as strong as your desire/ability to enforce them through the courts if the seller won't oblige.

  • Nutrino on 15/01/2015 - 00:32

    "I ask because local laws say I have a choice of a refund and if I do return it I am not required to include original packaging."

    Really? That's all the "local laws" say?. You need to go the Acl website and read it all.

    Reg major and minor faults.

  • Cheeper on 15/01/2015 - 00:42

    "You need to go the Acl website and read it all."

    The ACL is not enforceable, it is only a list of how the ACCC expects a retailer to address consumer complaints.

    To get enforceable action, the consumer has to take the retailer to a tribunal where he pays the costs and takes the risk that he will get a favourable judgement.

  • damnable on 15/01/2015 - 09:32

    I am aware of the practicalities of actually getting this enforced. However I'm hoping it may give me some leverage to at least request that original packaging is not required.

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