Amazon.com.au no local warranty on products sold by Amazon US

isidore12 on 27/03/2019 - 10:55
Last edited 27/03/2019 - 20:10

I bought a new laptop on Amazon.com.au but sold and sent by Amazon US. This 1st laptop had issue (reboot, freeze, etc.)

Amazon couldn't fix and replace it "as it was from the US". They eventually gave me a refund to buy another one.

I received the 2nd laptop. It is not new, it is a used product returned: "warehouse deals, verified and repackaged".

I have now the same issue the 2nd laptop, it was sold by Amazon US and needs to be returned to the US address.

This is a mess, and I am stuck with Amazon.com.au due to gift-card which can't be used anywhere else.

So please be aware that any product bought on Amazon.com.au from US Amazon will be regarded as it was sold on Amazon.com. You have no local, Australian warranty on those products.

General Discussion

Related Stores

Amazon AU
Amazon AU
Marketplace

Comments

  • [Deactivated] on 27/03/2019 - 11:09
    +4

    That is awful of AmazonAU to send out a refurbished item in lieu of a new one. This is a not lawful nor in good form.

    The first instance is a bit of a grey area as some items have regional distributorship agreements, making your first laptop a grey import.

    The laws on grey imports are grey. Having said that, flat out refusing to take the laptop back to send to manufacturer at your cost is also unlawful.

    • serpserpserp on 27/03/2019 - 11:14

      grey

    • Almost Banned on 27/03/2019 - 14:53

      The first instance doesn't seem at all grey to me.
      OP bought from an Australian retailer. The ACL applies.
      The item was not of merchantable quality - suffering a major defect.
      The OP was entitled to return to place of purchase for a repair, replacement or refund at OP's election.
      It is no defence to claim the item came from somewhere else. It is illegal for any Australian retailer to claim statutory warranties do not apply.
      The purchaser can elect to pursue the manufacturer - but they are not obliged to.
      See - not so grey.
      Now, if OP had bought from a non-Australian retailer things might have been a bit grey - but according to the second line of their story they didn't, so it isn't.

      • [Deactivated] on 27/03/2019 - 15:04
        +1

        OP did buy from non AU retailer. It is from Amazon US through the AU webpage. It is still an Amazon US purchase. Amazon AU only acted as a marketplace, no different from eBay.

        • Almost Banned on 27/03/2019 - 15:20
          -1

          Not sure why you say that when, as I mentioned, OP says:
          "I bought a laptop from Amazon.com.au"

          As for the actual retailer, for the purposes of consumer law I would still contend it was Amazon.com.au - even if the 'seller' on Amazon.com.au was some other entity.
          The law is designed to be protective and remedial. The key issue is who is the person who supplied the good. The definition of supply in the ACL is not terribly helpful, but it includes supply by way of sale.
          So, can Amazon be said to 'supply' the good? Well, they have furnished or provided for sale, or made available.
          Given the problems with having to pursue individual providers I suspect a Court would be sympathetic to the argument that Amazon is the 'supplier'.

          • Amaris on 27/03/2019 - 15:39
            +2

            @Almost Banned: OP did say that he bought in on amazon.com.au. However, from what he mentions as having been said by Amazon customer care, it seems the laptop was sold by Amazon US via the Australian page. If that was the case, such items are clearly marked as "Ships from and sold by Amazon US". In these situations, Amazon AU acts like a Market Place. Similar to buying a computer from a US seller on ebay.com.au.

            • bcarp on 27/03/2019 - 16:01

              @Amaris: From https://www.amazon.com.au/gp/help/customer/display.html?node…, the ACL still applies:

              "Nothing in these Conditions of Sale, including the provisions relating to disputes and governing law, is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these Conditions of Sale applies to the full extent permitted by law and subject to any non-excludable right or remedy."

              From https://www.accc.gov.au/consumers/sales-delivery/buying-para…, the ACL still applies to the local importer even of parallel imports.

              • [Deactivated] on 27/03/2019 - 16:05
                +1

                @bcarp: In this case, it is a foreign importer and the goods being sold here made it a parallel import.

                ACL will be applied to the seller, not the market place. The seller is Amazon US. See link to ACCC about pursuing foreign retailers

                • Almost Banned on 27/03/2019 - 18:51

                  @[Deactivated]: The statutory guarantees in the ACL do not apply to the "seller".
                  It applies to the "supplier".

                  s. 54
                  (1) If:
                  (a) a person supplies, in trade or commerce, goods to a consumer; and
                  (b) the supply does not occur by way of sale by auction;
                  there is a guarantee that the goods are of acceptable quality.

                  I repeat - there is good reason to argue the "supplier" in this case is Amazon.com.au

                  • Amaris on 28/03/2019 - 18:53

                    @Almost Banned: Do you think the same applies to eBay.com.au? If you buy an item on eBay and its faulty, do you chase them or the seller?

                    • bcarp on 28/03/2019 - 22:40

                      @Amaris: But eBay doesn’t take the payment. The payment goes to the seller, or via their agent (PayPal).

                      • Amaris on 28/03/2019 - 23:23

                        @bcarp: When I buy stuff sold by Amazon US through amazon.com.au the credit card transaction is AMAZON MKTPLC AU SYDNEY SOUTH NSW.
                        When I buy stuff sold by other third party sellers through amazon.com.au the credit card transaction states AMAZON MKTPLC AU SYDNEY SOUTH NSW

                        When bought directly from amazon.com.au it's recorded as AMAZON AU SYDNEY SOUTH

                        Amazon Marketplace is merely processing the payment.

                    • Almost Banned on 29/03/2019 - 01:20

                      @Amaris: Provided that it is not an auction purchase the same absolutely applies to sales on eBay.com.au
                      The obligation lies on the supplier. I think there is a decent argument that Ebay is (one) possible supplier.

              • Amaris on 27/03/2019 - 17:09

                @bcarp: Yes, the ACL still applies to the local importer even for parallel imports. In this case, however, Amazon AU is not importing anything. It is merely facilitating the sale. This is clearly mentioned in the first para of the page you quoted. "Amazon AU helps facilitate transactions by third party sellers like Amazon US, but is not the seller of the International Products".
                The seller is Amazon US. The OP was the local importer. Amazon AU merely provides the marketplace. You need to understand the circumstances before quoting paragraphs. The ACL still applies, to the seller, which is Amazon US (or Amazon Export Sales LLC).

                • bcarp on 27/03/2019 - 22:50

                  @Amaris: Hmm, good point. If Amazon AU is just a marketplace, shouldn't my payment go directly to Amazon US? My credit card statements seem to suggest that payments are going to Amazon Marketplace AU, so doesn't that make Amazon AU responsibly for the warranty?

                  • whooah1979 on 28/03/2019 - 05:43

                    @bcarp: Amazon is a marketplace just like ebay. Paypal is a payment processor and the sellers are responsible for the warranty.

                  • Amaris on 28/03/2019 - 23:26

                    @bcarp: Amazon AU and Amazon Marketplace AU are 2 different entities. Marketplace probably processes payment and sends it to Amazon US or other third party sellers. When items are bought from third party sellers (other than amazon US) the credit card transaction says Marketplace AU as well. Does that mean you'll chase amazon AU for warranty for these items as too?

    • reactor-au on 28/03/2019 - 13:29

      Amazon refunded the OP and he then bought a warehouse deal with the refund.

  • SirFlibbled on 27/03/2019 - 11:09
    +1

    Was it from Amazon or a market place seller?

    • [Deactivated] on 27/03/2019 - 11:15

      I bought a laptop from Amazon.com.au

      Now I'm questioning the phrasing. Maybe it's "through" as you are suggesting.

      • isidore12 on 27/03/2019 - 11:25

        seller is Amazon US

        • [Deactivated] on 27/03/2019 - 11:30

          "If the seller is based overseas, there may be practical and legal difficulties in enforcing your consumer guarantee rights against an overseas business."

          Example for you in relation to your item being a grey/parallel import. Also taken from the same source,

          "Cheep Phones has sourced its phones from a well-known supplier who is based in the USA. The USA supplier only has permission to sell these phones in the USA market. Cheep Phones sells the phones online to Australian consumers. Jimmy decides to buy a phone online from Cheep Phones because it seems a lot cheaper than other websites or stores in Australia. Jimmy would be buying a parallel import."

          Source

          • MrBear on 28/03/2019 - 09:03
            +2

            @[Deactivated]: But if it was Amazon AU that took your money and gave the Australian invoice (which they do for Amazon US sold items), then isn't it Amazon AU that completed the purchase and sold the item to you, therefore should fall under Australian consumer law?

            Where the item was shipped from should be irrelevant.

            • [Deactivated] on 28/03/2019 - 10:41

              @MrBear:

              Where the item was shipped from should be irrelevant.

              Unfortunately, this may be a factor when there are regional distributorship agreements. It shouldn't matter but it does because some warranties are provided by the distributor. If the distributor isn't the one that supplied to the local retailer… you can see why they're not going to be keen to show up to the party.

              Anyway, the above is all covered in pretty much any discussion where buyer did not understand grey import implications.

              Amazon AU that took your money and gave the Australian invoice

              If that's all technically true where Amazon AU issues the invoice but if they issued an order slip like eBay does, that's not really an invoice. It's in the details.

              With regards to taking your money, PayPal also takes your money. PayPal is not liable but they do offer buyer protection. They're not held liable the same way a trader is.

            • whooah1979 on 28/03/2019 - 20:54

              @MrBear:

              Amazon AU that took your money and gave the Australian invoice

              ebay Australia does the same thing. They issue an order confirmation while Paypal issues an invoice. Neither are required to provide a warranty.

              edit What tshow said.

  • [Deactivated] on 27/03/2019 - 11:30
    +5

    My experience was quite the opposite.

    Bought an item ship and sold by Amazon US via Amazon AU.

    Its stopped working after using it for a week. Requested a return and a refund.Amazon AU refunded me the full purchased price.They also asked me not to bother to return it to Amazon US but keep/donate/recycle that item.

    I honestly can't think of a better customer service than this.

    • plmko on 27/03/2019 - 11:36

      Yep and in some cases they even reimbursed me $100 to send it back a heavy object to the US.

      Sounds like OP got a crappy rep who was looking to boost some metrics or didn't use the right language.

    • bcarp on 27/03/2019 - 11:57

      I agree. My experience with Amazon has been the opposite of the OP. I haven't had the specific issue that the OP has stated, but generally a positive experience.

  • isidore12 on 27/03/2019 - 11:40
    -2

    Sending an used laptop instead of a new one is intentional.

    • FloatingPoint on 27/03/2019 - 12:15
      +2

      How 'used' is that? Are there scratches (you said 'a charger thrown at the top of it') or any sign saying the laptop looks like used?
      People buy things on Amazon and return them all the time, as long as the item is in reasonable new condition so they can sell again. They can't always sell you stuff with brand new unopened packaging.
      I bought a Dyson from Amazon US years ago and they sent me a returned product with small amount of dust inside the bin. Not a big deal and everything else looks new. I talk to them about the bin and they send me a brand new bin component and tell me to keep the other one as well.
      I simply do not believe they would even bother to find and send you a used laptop deliberately because their scale of business and the way they operate.
      If you are not happy you can just lodge another return request.
      Honestly I would not buy expensive electronic like laptop from US because of the warranty issues down the track.

      • isidore12 on 27/03/2019 - 12:27

        Why should I accept an used laptop when I paid full price for a new one?

        • FloatingPoint on 27/03/2019 - 12:44
          -1

          You did not answer my question so I assume you are just not happy with the packaging.
          Lodge a return request and ask them to reimburse your postage.

    • Amaris on 27/03/2019 - 15:49

      Do you think Amazon is a mom and pop store where the owner, out of spite, sent you a used laptop as you created problems for them?

      The purchase of your second laptop was a different transaction.
      What happened to the first one that they refunded? Did they reimburse you enough to return it?

      If the second laptop was used as you say, then they should've given you enough money to return it. When I've had to return stuff and the money they offer up front is not enough, they've always said to forward them the shipping receipt with the actual cost for them to reimburse. Your experience is very out of character to what I've heard and experienced with them.

    • reactor-au on 28/03/2019 - 13:31
      +1

      Amazon refunded the OP who then used the refund to purchase a warehouse deal.

      • Amaris on 29/03/2019 - 06:49

        He says he got refunded as a gift card. This is not usually how refunds are given at Amazon. At least for me they’ve always given an option of original payment method and gift card. That’s why I was wondering if s/he got to keep the original.

  • TheMindsetTraveller on 27/03/2019 - 11:49

    Do a credit card chargeback?

  • burningrage on 27/03/2019 - 12:54

    I once purchased a laptop from a Sydney marketplace within Amazon.Com.Au (so not first party transaction), the purchase was made but the goods were never confirmed even after 90 days. Amazon said they contacted the vendor but I doubt they did despite assuring me they did.

    In the end, the sale was cancelled. I did complain but didn't get any $100 gift cards you are talking about.

  • Chris2027 on 27/03/2019 - 13:31

    Could it be a misunderstanding like the box was opened to swap out the charger from US to AU ? Did the laptop have signs of usage (fingerprints, etc)?

    • isidore12 on 27/03/2019 - 13:49

      No misunderstanding. The charger is US plug, the package is random box, 10 times bigger than the original package.

  • [Deactivated] on 27/03/2019 - 18:06
    +2

    I felt we haven't been told the whole true story on this questionable post.

    Examples:

    -You didn't say whether you have returned the first laptop to Amazon US or not.

    -It was rebooting or freezing intermittently
    Most likely the software problems (eg: virus,3rd party software) than the hardware.When was the mentioned problems started? After 10 days,10 weeks or 10 months from you have received/using it?

    -I bought a new laptop, and received a returned product in an improvised box, with a charger thrown at the top of it
    I won't even bother to open the package,if I ordered a brand new laptop and it doesn't come with its original factory packaging.

    -The first and second laptop both shipped from and sold by Amazon US? because you said they gave you an US return address for the second laptop so what about the first one? It should be the same return address if you bought them from the same seller in this case it's Amazon US.
    You sounds like they aren't the same address or you didn't even return the first one at all.

    -I learnt two lessons:

    -Never buy from Amazon again
    That would be a very short lesson ever after you found another great deal from Amazon:)

    -Contact immediately the Fair Trading immediately if Amazon is in breach of the regulation
    So you will be purchasing again then.
    Even shorter lesson.

  • Amaris on 28/03/2019 - 18:59

    OP, did you return the original laptop? If so did you get enough money to return it?

    I didn't think Amazon ships warehouse deals to Au. Did you get it through a freight forwarder? If you did, why would you expect Amazon to reimburse international shipping charges for you?

    I see you've now revised the story to say the second laptop was not stated to be a brand new one. The original version of your story said and your initial replies to comments (eg. Why should I accept an used laptop when I paid full price for a new one?) implied that the second one was brand new.

  • isidore12 on 29/03/2019 - 09:52

    I had a call from the Customer Service. They are investigating why I received a "warehouse deal" (used and returned) instead of new unit. They told me to hold on the laptop in the meantime.

    I am waiting for them to come back to me.

    • Amaris on 29/03/2019 - 10:36

      Hey. Did you return the original one? Strange that you got gift cards back instead of back to the card.

      • FloatingPoint on 29/03/2019 - 11:12

        OP never told us the whole story no matter how many times we asked. obviously hiding details.
        I have a feeling OP kept the original one (which could be just a driver issue) and now Amazon may let OP to kept the warehouse deal as well (maybe actually a new unit just without the shiny box), before sending a third one brand new.

        • isidore12 on 29/03/2019 - 16:52

          I wish…

          • Amaris on 29/03/2019 - 19:32

            @isidore12: Then why don’t you tell us what happened? Did you send the original back? Did you have to use a freight forwarder to get the second o e?

            • isidore12 on 29/03/2019 - 21:03

              @Amaris: I am waiting for Amazon to come back to me with a solution.

              • Amaris on 29/03/2019 - 21:44

                @isidore12: So what happened to the first laptop? Did you return it?

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