eBay Faulty Goods - Store Warranty?

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  spackbace on 06/01/2016 - 12:53

  Bought from an Aussie eBay seller? Have you asked the seller if there's anything they can/will do?

  Do I have a leg to stand on

  Lol punny :P

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    smashed on 06/01/2016 - 13:28

    Thanks

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  pilotg2 on 06/01/2016 - 12:57

  I would say this is a grey area. Have you got a copy of the listing description - do they mention the material that makes the boots waterproof? Some may need maintenance for life long waterproofing. Gore tex used - you may have a leg to stand on.

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    smashed on 06/01/2016 - 13:29

    Listing still active: http://www.ebay.com.au/itm/XPD-X-TOURER-H2OUT-WATERPROOF-MOT…

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    SirFlibbled on 08/01/2016 - 08:42

    It really isn't a grey area. Either they are waterproof or they aren't. The question is simple "is 6 months of normal use long enough for a pair of these shoes to stop being water proof".

    At $90 I'd say probably not.

    OP - contact the retailer and request a warranty claim. This seems like a minor fault in which case the retailer has the right to repair or refund.

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  2Poor4Ozb on 07/01/2016 - 00:19

  -2

  Sorry to say that its Ebay. There is no Manufacturer guarantee unless stated that it is a manufacturer reseller Hence the cheaper price. Not much you can do after 6 months. Should have done some hard testing during the 1st month then you can get refunded.

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    Geewhizz on 07/01/2016 - 06:55

    Consumer laws apply regardless of where it was bought from.

    With shoes though, you'd be hard-pushed making a case after 6 months no matter where you bought them.

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      2Poor4Ozb on 07/01/2016 - 07:45

      not all ebay sellers are a business

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        SirFlibbled on 08/01/2016 - 08:49

        Just because it's bought of Ebay doesn't mean the ACL doesn't apply.

        You don't look to if the seller is a business but if the transaction was in 'trade or commerce'. That being said, there is no definition for what is in trade or commerce either. But looking at the seller, they have feedback for 18,000 transactions, go under the name "Sydney Footwear Warehouse Direct", sell a significant number of different types and styles of shoes. It would be very hard to argue the ACL doesn't apply in this case.

        The ACL effectively says that a warranty should last as long as reasonably expected. It isn't 6 months, or 1 year even if the manufacturer makes those claims. It comes down to what the product is, the price, the representations made about the product etc. For example, a $10 toaster is obviously not expected to last as long as a $100 toaster for example.

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      smashed on 07/01/2016 - 11:07

      Couldn't this be classified as not fit for purpose?
      Surely you would not be expected to buy new waterproof shoes every 6 months?
      These are not hiking boots with many miles on. You put them on and get on your bike, then take them off when you arrive at the other end.

      Thanks for your input though :)

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        2Poor4Ozb on 07/01/2016 - 17:40

        +1

        doesnt hurt to complain to the seller, but i think you got low luck of getting an exchange. Alway read the return policy when you buy from Ebay sellers. you got 30 days of money refund. return of faulty items time limit but i think 6 months is a bit too long to return an items. clothing is different to electronic. But give it a go complain and be nice maybe the seller will be nice back to you. Good luck