GearBest - Who Pays for Postage When Returning a Faulty Product?

tik tok on 29/12/2016 - 19:14
Last edited 29/12/2016 - 21:13 by 1 other user

Hello,

What has been the experience of the community when dealing with products shipped out by overseas sellers that are broken within warranty ? Who pays for postage ?
The ACCC website https://www.accc.gov.au/consumers/consumer-rights-guarantees… says consumers are entitled to recover reasonable postage.

A phone I bought from gearbest is now broken and when I posted it back they say it is their policy to not pay for postage. I am having a hard time making them understand that an organisation's policy cannot override a law. Nevertheless I have paid more than 15% of the cost of the phone in shipping. How did others on this site manage returns and postage ?

Cheers,

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Comments

  • nicholsonr on 29/12/2016 - 19:27

    It comes down to where the seller is based.

    If the seller is not Australian-based (as Gearbest is I believe out of Asia) then they do not have to abide by Australian law, as it is an import.
    I believe the only laws applicable are those in the country Gearbest is based out.

    In saying that, you could open a PayPal dispute (if you used it) to recover some or all of the return shipping costs, or may even query Mastercard/Visa depending if you used that and see what protection/choices they have.

  • tomsco on 29/12/2016 - 20:10
    +8

    If you want the protection of Australian laws, buy from an Australian store.

    • tik tok on 29/12/2016 - 22:06

      Not necessarily. Its not like the laws of the land the product is shipped to will abandon you because you didn't buy from a local store. From the ACCC :

      Online businesses selling goods and services must:

      ensure products and services meet Australian safety regulations
      not mislead you or hide costs and other details from you
      compete fairly to ensure a variety of choices on quality and price
      give you automatic guarantees with the right to ask for a repair, replacement, refund, cancellation or compensation as appropriate if there is a problem
      have the right to sell you a product–it mustn’t be stolen and must belong to the business or individual and not come with any outstanding debts.

      • pais on 30/12/2016 - 11:13
        +1

        ….for Australian based businesses.

      • tomsco on 30/12/2016 - 14:35

        That's all good and well, but ACCC aren't going to chase an overseas business for you.

        Hopefully the rep can sort something for you.

  • Randxyz123 on 29/12/2016 - 20:13

    As others have said. Not an Australian business they don't need to go by consumer laws.

    This is why I don't buy from places like gear best for purchases over $50. Yeah it's cheap but the products are usually a heap of s*** and break then you have to deal with this exact situation…

    I believe Paypal may pay for returns though. Have a poke around on their website.

  • Store Repgearbest @ GearBest on 29/12/2016 - 21:11
    +1

    Hi AussieB,

    Could you pls pm me your order nunmber and let me check for you?

    Thanks,

    Sunny

    • tik tok on 29/12/2016 - 22:06

      PMed, thank you.

  • Ughhh on 29/12/2016 - 21:43
    +3

    I am having a hard time making them understand that an organisation's policy cannot override a law.

    They're probably confused why you think Australian laws apply to a non Australian business

    • tik tok on 29/12/2016 - 22:09
      -4

      Read the line quoted again. And read your response again. Run a few random use cases and then I think you will see that you don't have the grasp of what I am asking. Nevertheless, thanks for replying.

      • redforever on 29/12/2016 - 22:27
        +1

        But how is the ACCC going to enforce this on an overseas based business.
        https://www.accc.gov.au/consumers/online-shopping/shopping-o…
        Read the first paragraph. ACCC can't really do much to an overseas business. The best they can do is black list then on their website.

        • Baysew on 30/12/2016 - 14:45
          -1

          I will quote it

          Shopping online

          All your usual consumer rights apply when you shop with an Australian online business. Those rights may also apply when you buy from an overseas online business although you might find it difficult to get a repair, replacement or refund because the business is not based in Australia.

          And

          Shopping online with an overseas business

          If you buy from an online seller based overseas, you should be aware that you may experience practical difficulties in obtaining a remedy from them.

          It's not like the laws of the land the product is shipped to will abandon you because you didn't buy from a local store.

      • Ughhh on 29/12/2016 - 22:44
        +1

        You can say whatever you like, but I dont think you understand the power the ACCC has on overseas business'.

        Feel free to link where it states that ACL apply to overseas business'. - Your quote above "Online businesses selling goods and services must:" isnt good nor specific enough.

  • H E B on 14/01/2017 - 16:45

    It's only my personal opinion but unless the item was defective when it arrived…I think it's quite fair for you to have to sort out the item and send it back to be protected by warranty just like you would if you bought something from another city…

    If on the other hand, it was defective within say 30 days or even defective on arrival…. then yes I would feel you'd be hard done by to have to fork out perhaps $30-$50 to send it back.

  • H E B on 14/01/2017 - 17:21

    For those not quite in the know. The ACCC can and does take action against overseas based online companies.

    Here is a classic example: https://www.accc.gov.au/media-release/federal-court-finds-va…

    I'm no lawyer at all or trained so I'll try not to embarass myself but it seems by selling to Australians they were conducting in Australia and even if there's no physical store by selling to Australian customers it might be possible some protection exists or ACCC might at least try and prevent dodgy operators operating here by taking them to civil courts for remedies.

  • dynamite459 on 31/10/2017 - 18:18

    Here's a recent response to a $380 camera that I bought, which recently started to play up. I contacted the manufacturer directly and has identified as faulty (hardware issue) which I've forwarded to GearBest to which their response was:

    Dear ，

    Thank you for feedback.
    We would like to extend our apologies for this inconvenience.
    Kindly refer to our warranty policy here:http://www.gearbest.com/about/warranty-and-return.html
    http://www.gearbest.com/about/terms-and-conditions.html

    After reviewing your case，it has passed 45 days money back guarantee， but you can send it back for free repair.

    After reviewing your case, please review our possible solutions:

    1)Return the item to us
    You can return the item to us in China as per our terms and conditions indicated in the link above.
    Once we receive the item, we will offer a free repair and send back the item back to you.
    The shipping fee for sending the product back to us will be paid by customers and is not refundable.

    2)Keep the item and accept a partial refund to your GB Wallet (credit)
    In this case, you can keep the item and do not need to return it to us for this time.
    And we can refund USD 30 on your GB wallet and with extra GB points.
    If your refund is 1 USD = 2 points ,3 USD=3*2 points = 6 points
    You can use both your wallet and points to purchase your future products.
    Learn more about wallet benefits: http://www.gearbest.com/about/gb-wallet.html
    Check out how to use point :http://www.gearbest.com/about/about-points.html?157wrew

    3)Refund USD 30 on your payment account in 48 hours.

    You may consult your local post office the cost of returning the item back to us in China before deciding.
    Our address is in Shenzhen city, Guangdong Province, China.

    Please let us know you decision.
    I look forward to hearing from you.
    Thank you for your understanding.

    Best Regards
    Whitney
    Gearbest Customer Service
    http://www.gearbest.com/ 

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