Retailers That Offer a Marketplace Should Have Some Responsiblity for 3rd Party Items Listed

OzyBe on 13/08/2025 - 08:39
Last edited 14/08/2025 - 13:42 by 1 other user

This is just one example that happens to be on the Big W website.

A 2TB no name portable SSD for $87 before delivery.

Two of the images have a large "16TB" stamped on the product.

I know Big W are not the seller, and probably have no liability whatsoever for any third party items listed on their site, but someone purchasing this item is likely doing so due to some level of brand recognition with the Big W name.

I recently purchased a USB hub from JB Hi-Fi market place that didn't even come close to matching the claimed specifications. Sure I got my money back, but not after waiting 90 minutes to get a JB Hi-Fi customer service person to raise a return authorisation, and then a further month until getting my payment credited.

It seems big retailers with market place offerings are side stepping any consumer obligations they would normally have, while getting a part of the selling profit regardless. There should be some duty of care on their part.

Product images 2 - 4 aren't even in clear resolution.

Is their website managed by a teen aged kid in his bedroom getting paid $12 per hour?

Computing Computer Component SSD

Related Stores

BIG W

Comments

Jimothy Wongingtons on 13/08/2025 - 08:48

+4

While I largely agree with the sentiment, how is it practically possible for the marketplace provider to actually check and confirm each listing, and to a further extent also ensure what’s delivered matches what’s advertised? As you did say in your post you did get a refund in the end albeit with a big waste of time. Is it really different to dealing with the OG marketplace, eBay? Where’s the outrage on no duty of care from eBay?
- plmko on 13/08/2025 - 09:03
  
  Yeah not even sure what OP is even asking for. Money was refunded in the end.
  
  Better listing standards perhaps but not even Amazon has got that right.
  - megadeth on 13/08/2025 - 09:28
    
    +7
    
    but not after waiting 90 minutes to get a JB Hifi customer service person to raise a return authorization, and then a further month until getting my payment credited
    
    Think OP's complain is fair I think this is quite a sizable fail on ICCC's end. Big brands should have some skin in the game, if they're using their brand-linked platforms to sell the item.
    - Lastchancetosee on 14/08/2025 - 09:10
      
      We avoid JB NoFi like the plague after being burnt trying to get a legitimate reimbursement for a faulty laptop. Had to go to consumer affairs to get any leverage. Never again.
- OzyBe on 13/08/2025 - 09:26
  
  +9
  
  I understand your comment, and was thinking about Ebay when posting this.
  
  Existing retailers selling new products from their 'market place' should be held to a higher standard then Ebay, and it should be in their own interest to run their own market places to a higher stand. Their market places are more controlled than Ebay (the sellers have to enter a contract, and presumably that contract would detail minimum standards of trading). Why get into the Ebay business and dilute your own brand, if you are not going to do something different to what Ebay are doing?
  
  I just feel that the rights Australian consumers have had for many years are slowly being eroded.
  
  Do all retailer based market places have user generated feedback?
  
  There should be easier returns processes that are no more time consuming than placing the original order.
  - Muppet Detector on 14/08/2025 - 20:57
    
    Existing retailers selling new products from their 'market place' should be held to a higher standard then Ebay, and it should be in their own interest to run their own market places to a higher stand.
    
    Hold on. These 'market place' existing retailers are a completely different product/business model to what eBay is.
    
    Comparing them to each other and expecting the results to be similar will only cause you to be confused about what to expect.
    
    Their market places are more controlled than Ebay (the sellers have to enter a contract, and presumably that contract would detail minimum standards of trading).
    
    LOL, so do eBay sellers.
    
    Why get into the Ebay business and dilute your own brand, if you are not going to do something different to what Ebay are doing?
    
    I don't think you know what eBay actually do. You're comparing two completely different business models.
    
    just feel that the rights Australian consumers have had for many years are slowly being eroded.
    
    I promise you, their rights are definitely not being eroded. In fact, Australian consumers have more rights than any other time in Australian history.
    - Liger Zero on 15/08/2025 - 03:00
      
      From the consumers point of view, eBay and these marketplace websites are very similar. Or to put it another way, how much marketshare do you think they're taking from each other? I often search and see the same items listed on eBay/these marketplaces. Sometimes even by the same seller.
      - Muppet Detector on 15/08/2025 - 03:47
        
        @Liger Zero: I don't understand what you want me to, I'm sorry?
        
        I'm talking about marketplaces such as Big W, Bunnings, probably Coles?
        
        These are different to eBay.
        
        Are you talking about different ones again?
        
        Amazon is a different business model again.
        
        Maybe the consumer thinks they are all the same, but that doesn't make it true.
        
        I am positive that a lot of businesses/sellers appear on eBay that appear elsewhere, that is definitely a part of the eBay business model.
        
        I can't speak for other businesses/sellers though.
        
        I am sure that a particular brand of something is probably sold by a variety of different business on a variety of different platforms.
        
        At the end of the day though, all the eContracts for buying and selling stuff follow the same laws.
        
        There are a few minor differences to how a regular contract is formed compared to how one that is formed online, but all the rest of contract law is the same.
- noobshoes on 13/08/2025 - 09:53
  
  +9
  
  Ebay is a marketplace. People buy from Bunnings without even knowing its a marketplace. Thats the issue.
  - brendanm on 13/08/2025 - 10:01
    
    -2
    
    https://files.ozbargain.com.au/upload/268582/123397/screensh…
    
    Pretty bloody obvious when it's from marketplace.
    - Grimace on 13/08/2025 - 14:57
      
      +8
      
      Braindead take. A lot of older people have never even heard of the concept before. It seems that these 'marketplaces' are set up to make low info buyers think they are purchasing from a 'trusted' source.
    - fredblogs on 13/08/2025 - 19:37
      
      +2
      
      What's obvious is that it wouldn't be obvious to your grandmother that Bunnings has nothing to do with this item. This comes pretty close to deceptive advertising, which we have laws for.
      - brendanm on 14/08/2025 - 10:48
        
        -1
        
        @fredblogs: Get onto the ACCC then, I'm sure they'll be all over it. Or just teach your grandma about online shopping.
    - A-mak on 14/08/2025 - 11:53
      
      +2
      
      Ive almost gotten caught out when I was trying to find a product in Bunnings.
      
      It wasn't until I couldn't find the in-store location of the item that it was 'online only' and then I spotted the small stupid 'bunnings marketplace' logo I was like ffs.
      
      Had I of been ordering online I probably would have been none the wiser. These marketplace listings should not be included in search results when you are trying to search the store (they're filter out, they should be filter in).
      - brendanm on 14/08/2025 - 12:13
        
        -2
        
        @A-mak: See my screenshot above, it's pretty obvious.
- freefall101 on 13/08/2025 - 11:45
  
  +8
  
  There is a lot of outrage on the duty of care from eBay. eBay mediate the whole process, provide ratings of sellers and information about who you're buying from. If you click through to the seller of that harddrive, "Ozkart", you don't get to see a thing about them. No reviews, no feedback, no nothing.
  
  IMO the expectation that BigW would have at least vetted the person selling under their banner is not that unreasonable. It's what they should be doing, they spent years and millions of dollars building their brand name, just to pimp it out for a few bucks.
  
  Imagine walking into BigW and finding they'd set up a "marketplace" in a corner of the store. And it's just a bunch of people flogging off overpriced items and dodgy harddrives. You'd think twice about going back to that store. Yet they're happy to do that with their website.
- Dr Phil on 14/08/2025 - 12:10
  
  +2
  
  Agree with JW
  
  Keep in mind that an online marketplace is still a retail outlet.
  In the end the retailer (marketplace) is advertising the product and collecting the money.
  So they are responsible for complying with Trade Practices.
  
  In a dispute the retailer or marketplace simply refund the money to the buyer and debit this amount from the sellers account.
  Part of the process is to facilitate the return of the item in dispute if the seller requires that as a condition of refund.
  
  But yes, this can be a lengthy process where you must argue your rights to plebs in overseas customer service centres.
  
  And furthermore, the marketplace operator should promptly remove such FAKE items and ban the seller from thier marketplace.
OzyBe on 13/08/2025 - 09:30

And perhaps it is possible this SSD does have a capacity of 16TB. I remember seeing very cheap Chinese portable SSD's previously.
- Hybroid on 13/08/2025 - 11:01
  
  +2
  
  You are not getting a 16TB SSD for <$100. Not even $1,000. Don't be gullible.
  - fredblogs on 13/08/2025 - 19:39
    
    +3
    
    Do you really think everyone knows that? Does your mum know that?
- Dr Phil on 14/08/2025 - 12:13
  
  -2
  
  Plenty of these FAKE SSDs currently for sale on AliExpress for cheap!
  
  If you look through the 1 star reviews you will see where clever informed buyers have tested and identified them as FAKE.
  
  No different to all the Fake USB drives.
  
  As the old saying goes, If the deal is too good to be true, then its not.
snapper17 on 13/08/2025 - 09:48

-2

If someone were to purchase this ssd you listed I think they would have to use some common sense

First 16tb ssd in that size don’t exist
Second the 3.5 inch 16tb cost over $1000
Third a 16tb mechanical drive is way more then $70
Fourth the description does say 2tb
Fifth the price is around where a cheap 2tb ssd would be

So it would be obviously a mistake for someone to think it’s a 16tb 2.5inch ssd

Regarding other purchases I think if bigw are selling it on thier website then you should be able to go to bigw for a return/exchange ect. Even though bigw do not sell the product.
However I would not expect bigw to repair any product not directly sold by them
- Liger Zero on 15/08/2025 - 03:02
  
  The onus is on the seller to provide an accurate description without any misleading information. Check consumer law.
brendanm on 13/08/2025 - 09:50

+1

There is a pretty simple fix for this. Don't buy "marketplace" products.
- noobshoes on 13/08/2025 - 09:52
  
  +8
  
  Unfortunately most people buy without even knowing what these "marketplace" products are. Better to enforce making that more obvious than blaming consumers.
  - brendanm on 13/08/2025 - 09:52
    
    -4
    
    It's generally pretty obvious. Perhaps instead of having layers and layers of "enforcement", people could just engage their brains.
    - noobshoes on 13/08/2025 - 09:54
      
      +3
      
      It is not. I worked somewhere before and after a Marketplace was setup and had customers come daily asking for products we don't sell in store which are on marketplace.
      - brendanm on 13/08/2025 - 09:54
        
        -2
        
        @noobshoes:
        
        people could just engage their brains.
        
        noobshoes on 13/08/2025 - 10:19
        
        +2
        
        @brendanm: But they do not. That is my point.
        
        brendanm on 13/08/2025 - 10:56
        
        +1
        
        @noobshoes: Then that's their problem. Constantly dumbing things down for the lowest common denominator just makes everything worse.
        
        noobshoes on 13/08/2025 - 11:00
        
        +3
        
        @brendanm: Hard disagree on both fronts.
        
        brendanm on 13/08/2025 - 11:48
        
        -3
        
        @noobshoes: Taking personal responsibility away from people makes them less and less responsible over time. Everyone else should look after them. If there are no repercussions to making a choice, the easiest choice will constantly be made, without consideration for consequences.
        
        See my screenshot I did for you further up, it's bleedingly obvious when buying from "marketplace" on the Bunnings website.
        
        noobshoes on 13/08/2025 - 13:25
        
        +3
        
        @brendanm: Looking at the screenshot. Its pretty obvious now. But it wasn't from memory for about two years.
        
        You are commenting on ozbargain, you are a shopping savant. People struggle to use a website, like generally.
        
        Glad Bunnings has their act together in one regard. Now look at Big W and tell me how you feel about their site. I'm on a product page right now and it took me 15 seconds to find where it says Marketplace seller.
        
        Not to mention slapping random products on your website, which are using your name but then you aren't the seller. There are so many problems and I don't appreciate the atttidude that a few big businesses shouldn't be mandated to make it more customer friendly, but every single person in Australia has to start engaging their brains as if they could if they even wanted to. I think engaging your brain would be realising its easier to fix something at the source than expect millions of people to magically start engaging their brains.
        
        brendanm on 13/08/2025 - 17:40
        
        @noobshoes: I'm not a shopping savant, I buy stuff I need, not the 8 million random pieces of crap posted here daily. I simply look at what I'm buying and apply common sense. If it says "marketplace" on it, I can figure out it's not from Bunnings themselves. If it's a dji drone, you can reasonably infer that bunnings isn't selling it.
        
        Edit - just fired up bigw. Under the product name is "bigw market". The under the price is "delivery only" and "online only". Below that is "sold and shipped by splendid home and living".
        
        If people don't want to engage their brains, they will get a bad result, this is negative feedback. After receiving negative feedback once or twice, they will change their thinking, and check things properly. This will help them not only to avoid marketplace buys, but also generally in life.
        
        noobshoes on 13/08/2025 - 18:23
        
        +4
        
        @brendanm: You found that information BECAUSE you are looking for it. My god man. You might be smart, I don't know but you have zero ability to look at it from another perspective. Old people who can barely read, who can barely use a computer still need to be able to shop online safely. They don't have a clue what a marketplace is. They know Big W is that shop with a big W so if I buy stuff there I'll be right. But they will not. Please learn to think laterally.
        
        brendanm on 13/08/2025 - 18:28
        
        -3
        
        @noobshoes: Perhaps we should teach rather than legislate. If they are savvy enough to have set up a PC and the internet, this isn't a crazy thing to do.
        
        noobshoes on 13/08/2025 - 18:59
        
        +2
        
        @brendanm: So you think teaching millions of Australians, some with disabilities, english as a second language or literal brain injuries is easier than standardising a couple of websites?
        
        brendanm on 13/08/2025 - 19:23
        
        -1
        
        @noobshoes: How many of these people are being impacted by this exactly? Seems like a bit of a stretch.
        
        noobshoes on 13/08/2025 - 19:31
        
        +1
        
        @brendanm: Didn't really answer my question but yeah they probably are. I don't know many people and more than you think have been affected by this.
        
        Muppet Detector on 14/08/2025 - 21:55
        
        @brendanm:
        
        How many of these people are being impacted by this exactly? Seems like a bit of a stretch.
        
        The thing is, if they are impacted by this, they are not legally allowed to create a contract.
        
        Having the capacity to create a contract is one of the five necessary requirements for creating a legal contract.
        
        Muppet Detector on 14/08/2025 - 18:08
        
        @noobshoes: Nobody should be entering any contract if they don't agree with the terms of the contract or they don't have the capacity to form a legal contract.
        
        If they don't have legal capacity to form a contract, then it is not legal for them to create a contract.
        
        If they can't read the contract or they don't understand what the contract says, then they shouldn't agree to it then either.
        
        noobshoes on 14/08/2025 - 19:45
        
        @Muppet Detector: The contract of purchasing goods? There isn't a choice.
        
        Muppet Detector on 14/08/2025 - 19:46
        
        @noobshoes: Are you saying that people don't have choices about creating contracts to buy things?
        
        Grimace on 14/08/2025 - 21:45
        
        @Muppet Detector: Old mate is that one guy who claims he actually downloads the 40 page terms and conditions and reads every word. Absurd.
        
        Muppet Detector on 14/08/2025 - 21:51
        
        @Grimace:
        
        Old mate is that one guy who claims he actually downloads the 40 page terms and conditions and reads every word. Absurd.
        
        Or maybe old mate knows what contract law is and doesn't cry foul to the ref when something unexpected happens if I haven't?
        
        Grimace on 14/08/2025 - 21:54
        
        @Muppet Detector: Mate you don't have a clue about contract law and I can tell that by how you're talking about it. If you were an actual contract lawyer you'd know contracts are often disputable because you wouldn't have a job otherwise.
        
        Muppet Detector on 14/08/2025 - 21:59
        
        @Grimace: Of course anybody can dispute a contract.
        
        But if it is a legal contract, they don't just change the law or let you out of your legal responsibilities because you don't agree with what it actually is/says.
        
        Grimace on 14/08/2025 - 22:14
        
        @Muppet Detector: Wrong lol. If crucial information was hidden in a contract in a way that was vague or misleading you can absolutely dispute it.
        
        This is from Queensland but very similar laws apply in other states too:
        
        https://www.qld.gov.au/law/laws-regulated-industries-and-acc…
        
        If certain infromation is critical to the purchaser, they must be made aware of it up front and in plain language. Practically no one considers themselves as entering a contract when they make a small purchase online.
        
        The simple fact is that many people buy from sellers on 'marketplaces' thinking they're buying from the actualy comapny that's hosting them. Teaching every adult in Australia about contract law (or your highly superficial understanding of it) is a far more expensive and unrealistic solution than just putting some common sense regulation in place to stop this misleading practice. I know your ancap brain finds that difficult to understand, but not everyone wants to spend their whole life reading legalese contracts.
        
        Muppet Detector on 14/08/2025 - 22:22
        
        @Grimace:
        
        Wrong lol. If crucial information was hidden in a contract in a way that was vague or misleading you can absolutely dispute it.
        
        Go away.
        
        I've already said that.
        
        If you're happy with how you create contracts then you do you
        
        certain infromation is critical to the purchaser, they must be made aware of it up front and in plain language. Practically no one considers themselves as entering a contract when they make a small purchase online.
        
        You know that buying a 17c washer from Bunnings is a legally binding contract, right?
        
        Buying a can of coke or a packet of gum? They're legally binding contracts too.
        
        know your ancap brain finds that difficult to understand, but not everyone wants to spend their whole life reading legalese contracts.
        
        Well don't create a contract then. Otherwise, pay somebody to do it for you.
        
        Contracts exist.
        
        There are laws about who can form them, when they can form them and when they are created and when they are performed or discharged.
        
        Just because you don't know this, doesn't mean they don't apply to you.
        
        Good night.
        
        Muppet Detector on 14/08/2025 - 22:30
        
        @Grimace:
        
        This is from Queensland but very similar laws apply in other states too:
        
        Dude, the fact you think that contract law is state based just tells me that you really do have no idea.
        
        Contract laws aren't even restricted to Australia. Most of our contract law comes from England you muppet.
        
        If contract laws were state based, how do you think we create contracts with every other country in the world?
        
        Muppet Detector on 14/08/2025 - 22:43
        
        @Grimace:
        
        If certain infromation is critical to the purchaser, they must be made aware of it up front and in plain language.
        
        LOL, most contracts aren't even legally required to be in writing.
        
        When you enter a shopping center, you know that is a contract, right?
        
        Go to Dreamworld? Buy a movie ticket? Buy groceries? Go to a doctor?
        
        When you catch the bus, a taxi, enter a car park?
        
        Buying fish & chips/take away, buying McDonald's.
        
        Buying a can of coke, a pkt of cigarettes, a bottle of beer, a chocolate bar?
        
        Creating a contract, every single time.
        
        How many of those contracts are in writing?
        
        Grimace on 14/08/2025 - 22:57
        
        @Muppet Detector: Yeah bro, the first thing I think of when walking through the doors of a shopping centre is the fact that I'm entering an unwritten contract. You may be correct in a totally technical and abstract way that makes you feel really smart but nobody thinks like you do. If we were to think like you claim to, the world would be a very different and much worse place to live in where 85 year olds with dementia are expected to read massive contracts to buy a portable SSD online.
        
        What world are you living in? A libertarian utopia that exists only in your head where every step you take is a new contract? It might be your ideal world, but keep me out of it.
        
        Muppet Detector on 15/08/2025 - 00:17
        
        @Grimace:
        
        we were to think like you claim to, the world would be a very different and much worse place to live in where 85 year olds with dementia are expected to read massive contracts to buy a portable SSD online.
        
        A person with dementia is probably not allowed to create any contract.
        
        One of the five elements required to form a contract is capacity.
        
        I suppose it is relevant how far the dementia has progressed(I don't know much about dementia), but you do need to be of sound mind and have the legal capacity to create a contract.
        
        every step you take is a new contract?
        
        Maybe not every step, but it wouldn't be unusual to create or use a contract 5-10 times a day for most people.
        
        Dunno, I've never actually counted how many contracts I either create or use each day, but it is probably a fair few.
        
        And nope, most of the time, I don't consciously acknowledge that I am entering or creating a contract, but it doesn't change the fact that I am and I have legal obligations and responsibilities.
        
        the first thing I think of when walking through the doors of a shopping centre is the fact that I'm entering an unwritten contract.
        
        It doesn't change the fact that you are creating a contracting.
        
        When you joined OzBargain or eBay or Facebook, Twitter, Gumtree or whatever other sites you've joined, you've also created contracts with them.
        
        If they have a box to tick that says "I have read the T&C and understand and agree etc" and you tick that box…..
        
        If you didn't do those things, you've now committed fraud.
        
        You may be correct in a totally technical and abstract way that makes you feel really smart but nobody thinks like you do.
        
        I am correct, but not because it's technical or abstract, it is legal and it is the reality. That's just the way it is. Whether you agree with it or think it should be different, that's the legal reality.
        
        Nothing technical or abstract about it.
        
        It's not about being smart, or thinking the way I do, it is the law.
        
        Just like we have laws about road usage, what is a crime (and what isn't a crime), we also have laws about contracts.
        
        We have all kinds of laws, among other things, contract law provides the rules of how we are allowed to buy and sell things and outlines what the legal obligations are for the relevant stakeholders.
        
        What world are you living in? A libertarian utopia that exists only in your head where every step you take is a new contract? It might be your ideal world, but keep me out of it.
        
        This is your world too.
        
        I didn't say that I liked it, agreed with it or that I considered it to be ideal, this is just the way the world is.
        
        Whether we like it or not, contract law exists.
        
        It doesn't matter how rude or condescending you choose to be towards me, it doesn't change what the law is and when they apply.
        
        I didn't make any of the laws, so there is no point in you being a rude brat towards me because they exist.
        
        Grimace on 15/08/2025 - 18:01
        
        @Muppet Detector: "If they have a box to tick that says "I have read the T&C and understand and agree etc" and you tick that box…..
        
        If you didn't do those things, you've now committed fraud."
        
        Who told you this, Contract Boy?
        
        Muppet Detector on 15/08/2025 - 18:41
        
        @Grimace: LOL.
        
        You get really salty and feisty when you realise that you were wrong.
        
        It's all good. Jesus still loves you.
        
        Muppet Detector on 15/08/2025 - 01:26
        
        @noobshoes:
        
        some with disabilities, english as a second language or literal brain injuries is easier than standardising a couple of websites?
        
        None of these people have the legal capacity to create contracts without supervision, far less shop on line and hand out their personal and financial details to people.
        
        They are not allowed to form any contracts, far less those created to shop online!
        
        Muppet Detector on 14/08/2025 - 21:23
        
        @brendanm:
        
        Perhaps we should teach rather than legislate.
        
        The thing is, we don't even need to legislate.
        
        We already have legislation for this, it's all captured by contract law.
        
        It seems the problem is that sellers are supposed to teach buyers about creating contracts to buy things.
        
        Muppet Detector on 15/08/2025 - 01:21
        
        @noobshoes:
        
        Old people who can barely read, who can barely use a computer still need to be able to shop online safely.
        
        Nooooooo
        
        Regardless of their age, if they can barely read or can barely use a computer then they should not be doing anything online if they are not supervised by someone with the necessary capacity.
        
        **Especially if they are shopping/giving people any kind of personal information about themselves, far less their money/access to bank accounts etc.
        
        The harsh reality is that some people cannot do anything online safely far less shop and hand out their financial information.
        
        noobshoes on 15/08/2025 - 07:09
        
        +1
        
        @Muppet Detector: Ok so the people who can't leave their house due to disability but don't have access to help. They just die?
        
        Muppet Detector on 15/08/2025 - 12:58
        
        @noobshoes:
        
        Ok so the people who can't leave their house due to disability but don't have access to help. They just die?
        
        If they can't leave the house due to disability, why aren't they using NDIS?
        
        I wonder how many of this demographic died from not shopping before the internet /online shopping was invented?
        
        Muppet Detector on 15/08/2025 - 19:02
        
        @noobshoes:
        
        Ok so the people who can't leave their house due to disability but don't have access to help. They just die?
        
        I'm actually finding this post to be extremely confronting.
        
        It has continued to be on my mind since the first time that I read it.
        
        Just incase my previous response to this post was flippant, I have to ask, why can't the person in this specific scenario access life saving help?
        
        I mean, I think that you are suggesting that somebody who can't shop online might be at risk of dying, is this what you're saying?
        
        Grimace on 13/08/2025 - 15:05
        
        +4
        
        @brendanm: You don't seem to understand, the market should not be a minefield of 'gotchas' and borderline scams. People should be able to purchase goods in full confidence that they are genuine, and that they are being sold by a reputable seller who is subject to consumer law.
        
        Most of the time marketplace products aren't any cheaper and they are usually grey imports. The 'marketplace' concept specifically designed to prey on low information consumers who think they've founda good deal at a reputable retailer. It wouldn't be functional concept otherwise.
        
        Common sense regulation should address this issue. I don't know why people like you go in to bat for corporations on this stuff so passionately.
        
        brendanm on 13/08/2025 - 17:45
        
        -3
        
        @Grimace: I don't think having a banner saying "marketplace" is a gotcha personally. I think it's telling me that this product is from some random and not Bunnings.
        
        I just fired up my PC and googled "Bunnings drone case". Clicked on the first link, on that page it tells me no less than 5 times that this is a marketplace item, is not sold by Bunnings, and is only only. I then added it to my cart and clicked checkout. It the specifically states that this is a marketplace item, and that it is sold and delivered by cottonmore in two locations, and states that it is marketplace delivery. Unless they send someone directly to my house to tell "this is a marketplace item" while belting me over the head with a signboard plastered with "this is a marketplace item", I'm not sure they could make it any clearer.
        
        I am in no way going in to bat for corporations, I am just not going into bat for morons.
        
        Grimace on 13/08/2025 - 17:56
        
        +3
        
        @brendanm: Making such an argument might make you think you're intellectually superior. But, have you stopped to think, for even a second, that what occurs to you when you see the term 'markeplace' may not have the same connotation to others? There are people out there that literally don't know what that term even entails and the implications of buying a marketplace item are very rarely outlined in any detail on the websites.
        
        brendanm on 13/08/2025 - 17:59
        
        -2
        
        @Grimace: The entire point is that I'm not intellectually superior. This isn't some magically special skill I'm able to do with my 160IQ Mensa brain. This is basic common sense and research. Anyone is capable of doing this, and in the past they would. As I've said people are so used to having their hands held with every single tiny thing, they now can't think like this for themselves. The sooner they do the better. More hand holding is not the answer.
        
        Grimace on 13/08/2025 - 18:10
        
        +3
        
        @brendanm: So your solution to the apparent softness and idiocy of our current society is to keep allowing low-info, elderly consumers to be scammed on so-called 'marketplaces'?
        
        This may be the most important work in evolutionary theory since Origin of the Species. However, the fact that the very people who grew up in the supposedly tougher, smarter world of before are the ones most regularly deceived by this practice may confound your theory.
        
        noobshoes on 13/08/2025 - 18:18
        
        +2
        
        @Grimace: Couldnt have said it better myself Grimace.
        
        brendanm on 13/08/2025 - 18:34
        
        -3
        
        @Grimace: People getting done by these things are the people who post mindless posts on here, who buy before they think. If these elderly people have the ability to set up a computer and get on the internet, they sure have the ability to be taught about this sort of stuff. Education beats legislation every time.
        
        Even if iring anything I've said, legislation is very often ineffective. It is often ignored, not policed, or worked around. Education foils any of this
        
        Grimace on 13/08/2025 - 18:37
        
        +2
        
        @brendanm: I'm clearly talking to a brick wall.
        
        brendanm on 13/08/2025 - 18:38
        
        -2
        
        @Grimace: Educating people is a brick wall? Says a lot about society.
        
        fredblogs on 13/08/2025 - 19:46
        
        +2
        
        @brendanm: Feels like you're lacking in https://en.wikipedia.org/wiki/Theory_of_mind - the ability to place place yourself in another's shoes
        
        brendanm on 13/08/2025 - 19:59
        
        @fredblogs: Not really. If you can operate a computer and the internet, and so internet shopping, you can learn the basics of internet safety. It isn't a high level skill. It's far better than legislating ever single little thing.
        
        Grimace on 14/08/2025 - 01:36
        
        +1
        
        @brendanm: What would be the negative consequences of regulating in this area?
        
        brendanm on 14/08/2025 - 07:15
        
        -1
        
        @Grimace: Regulation is often ignored, not enforced, or "worked around". Education is far more effective.
        
        Grimace on 14/08/2025 - 09:37
        
        +1
        
        @brendanm: You still didn’t answer the actual question.
        
        brendanm on 14/08/2025 - 10:43
        
        -1
        
        @Grimace: Yes I did. The consequence is that it's ineffective, while costing the taxpayer however much to implement and enforce, and the same issue occurs anyway. Therese same people you are referring to will then use a non Australian website and get shafted, as rather than learn what to look for, they've just had the government protect them from themselves.
        
        Grimace on 14/08/2025 - 13:35
        
        +1
        
        @brendanm: It would be easier to enforce than practically every consumer protection law that currently exists. They open up a website, see a deceiving 'markeplace' and fine the company or take them to court.
        
        If you think large Australian companies (which is what we're really talking about when it comes to this marketplace trick) won't stop this crap quick when they start being given massive fines and sued you're insane.
        
        brendanm on 14/08/2025 - 14:55
        
        -1
        
        @Grimace: Send the ACCC an email and get them onto it.
        
        Muppet Detector on 14/08/2025 - 22:06
        
        @Grimace:
        
        They open up a website, see a deceiving 'markeplace' and fine the company or take them to court.
        
        That's what ACCC is for.
        
        Misleading and deceptive conduct is definitely naughty, but it's neither of those if the consumer didn't read the contract.
        
        gee-man on 14/08/2025 - 07:50
        
        +2
        
        @brendanm: So you’re saying that everyone who’s been scammed or hacked on the internet at large is at fault, as they should’ve educated themselves about how to spot scams & hacks and how they’re orchestrated?
        
        And that we shouldn’t be legislating against internet scams or data theft or blocking spam texts because that should be an end-user education responsibility?
        
        Because you can spot a scam so everyone else surely can?
        
        Sounds fair?
        
        brendanm on 14/08/2025 - 10:44
        
        -2
        
        @gee-man: No, not all of them. Most of them, yes. If an iPhone is being advertised for $69, it's not real, and you will lose your money.
        
        Muppet Detector on 14/08/2025 - 22:08
        
        @gee-man:
        
        So you’re saying that everyone who’s been scammed or hacked on the internet at large is at fault,
        
        See, those things are illegal and there are legal repercussions for engaging in them.
        
        But that's not what this thread is talking about.
        
        Muppet Detector on 14/08/2025 - 18:11
        
        @Grimace: If they don't know what a term of a contract is, they shouldn't agree to create the contract.
        
        For online contracts, once you agree, you have even told the the seller that you understand and agree to the terms of the contract.
        
        If you don't understand or don't agree, then don't lie, say that you do, create the contract and then whinge about it.
        
        Grimace on 14/08/2025 - 21:25
        
        @Muppet Detector: You don't read every letter of the terms and conditions given to you every time you make an account on a website or purchase something. The law doesn't necessarily expect you to either, and contracts can often be disputed.
        
        You sound like one of those idiotic Qantas lawyers who claimed that customers who were rejected from planes that the company knowingly overbooked had actually purchased a 'bundle of rights' rather than a ticket. And yes, Qantas lost.
        
        The point is that consumers should not be caught by stupid gotchas when trying to purchase something through a reputable website. What don't you understand about that?
        
        Strange to hear someone called 'Muppet Detector' make such a dumb argument, but this is the internet after all.
        
        Muppet Detector on 14/08/2025 - 21:36
        
        @Grimace:
        
        You don't read every letter of the terms and conditions given to you every time you make an account on a website or purchase something.
        
        Well that's a "you" thing and legally irresponsible and in some cases, illegal.
        
        If you don't read the contract, how do you know to what you are agreeing to when you create it?
        
        The law doesn't necessarily expect you to either, and contracts can often be disputed.
        
        Ok, please tell me more about this little gem….
        
        What don't you understand about that?
        
        I don't understand why people would enter into a contract that they didn't read or didn't understand.
        
        I can absolutely promise you that "I didn't read it, or I didn't understand it", is not a legal justification, excuse or defence.
        
        Seems like a road trip to the land of misery and disappointments to me.
        
        Grimace on 14/08/2025 - 21:41
        
        @Muppet Detector: Purchasing something online isn't the same thing as signing a contract to a house. It simply isn't the same thing.
        
        I know you don't read the 40 page terms and conditions every time you click that box to purchase something because no one else does either. It is completely ridiculous to expect that some old person who buys a $250 smartphone online should go to such lengths to avoid being stung, especially if it's from a so-called reputable website. Online shopping would literally cease to exist if this was the case.
        
        Hiding crucial information in the fine print is not looked upon kindly in court and any contract lawyer can tell you that.
        
        Muppet Detector on 14/08/2025 - 21:48
        
        @Grimace:
        
        Purchasing something online isn't the same thing as signing a contract to a house. It simply isn't the same thing.
        
        Ummm, why not?
        
        They're both contracts.
        
        Caveat: I will accept that they are different because it is a legal requirement that a contract for the transfer of real property must be in writing whereas a contract to buy a fridge or whatever isn't legally required to be in writing..
        
        All other aspects of contract law apply though.
        
        However, if creating a contract on line, I'm not sure how that contract wouldn't be in writing, regardless of what it was for.
        
        Grimace on 14/08/2025 - 21:53
        
        @Muppet Detector: Because no one reads them for small purchases, including yourself. Hiding behind fine print in a contract is not a legitmate way of doing business. Someone has to be legally trained to interpet most contracts and that simply isn't how most exchange in our society works. It would be hopelessly inefficent if that was the case.
        
        Muppet Detector on 15/08/2025 - 01:37
        
        @Grimace:
        
        There are people out there that literally don't know what that term even entails and the implications of buying a marketplace item are very rarely outlined in any detail on the websites.
        
        How would you know? You've literally admitted in here somewhere that you don't read the T&C!
        
        ROFLMAO
        
        If they don't know what the term entails, maybe they should google it, ask a friend or….read the T&C provided on the website!
        
        Muppet Detector on 14/08/2025 - 21:26
        
        @Grimace:
        
        People should be able to purchase goods in full confidence that they are genuine, and that they are being sold by a reputable seller who is subject to consumer law.
        
        From where are you buying things that aren't subject to Australian Consumer Law?
        
        The 'marketplace' concept specifically designed to prey on low information consumers who think they've founda good deal at a reputable retailer.
        
        What makes you think this is true? Is this your opinion or are you saying that it is fact?
        
        Grimace on 14/08/2025 - 21:34
        
        @Muppet Detector: A lot of greay importers don't care at all about consumer law and a lot of these so-called marketplace sellers are located or incorporated overseas so consumer law is simply not enforceable. Some customers are tricked into buying from these sellers as it is implied that they can go to the company who hosted said seller for recourse if something goes wrong. They can't of course.
        
        Why would a reputable company host these potential competitors otherwise? It's easy for these companies, they just clip the ticket and if the customer has any problems they just tell them that they purchased it through a marketplace seller that they tehnically aren't affiliated with and wash their hands of it.
        
        Muppet Detector on 14/08/2025 - 21:37
        
        @Grimace: Yeah, you just made all of that up.
        
        Grimace on 14/08/2025 - 21:42
        
        @Muppet Detector: Lmao, no actual response to anything I said.
        
        Who are you shilling for bro?
        
        Muppet Detector on 15/08/2025 - 19:13
        
        @Grimace: My response literally addressed everything you said in that post.
        
        My response was that "you made it all up.
mskeggs on 13/08/2025 - 10:53

+6

eBay got to the poor marketplace it is now from an online garage sale with feedback tools to theoretically manage the risk for buyers.
BigW or Bunnings are trusted retailers known to be bound by ACL and ACCC laws plus their own established reputations.
If they were not trading on those reputations, why not continue with Catch or MyDeal style marketplaces?
So we know the ability to brand the seller's offer under the umbrella of the well known names is worth something, presumably because it does routinely confuse buyers.

It sounds like something fair trading or ACCC should be taking a hard line with. A few prosecutions over misleading sales and the marketplaces would magically clean up their act dramatically.
- fredblogs on 13/08/2025 - 19:51
  
  +2
  
  Agree - but might not be on ACCC's radar. OP I'd recommend you contact them, the law can and should be changed.
  
  There shouldn't be a "Big W" logo on the top of this link other than to indicate that they have nothing to do with this item.
- Muppet Detector on 14/08/2025 - 18:22
  
  eBay "marketplace" and Big W marketplace (for example), are two different business models.
  
  No point comparing them because they provide different services.
Dollar General on 13/08/2025 - 11:23

+7

Large Aussie retailers have burned so much shareholder money with marketplaces for very little uplift in revenue and profit
- JIMB0 on 13/08/2025 - 12:42
  
  +4
  
  Not to mention goodwill.
Muppet Detector on 14/08/2025 - 18:18

Fair or not, there are laws about creating a contract. If you want to create a contract, you either need to know how to do this yourself, or ask a friend, or idk, ask a lawyer.

A seller is not legally required to teach somebody how to create a contract or if they even should.

That's a legal problem, not a consumer problem.

Next thing you'll expect the seller to know if you can afford to buy what you're buying.

Oh wait, with the exception of credit, that's a financial problem, right?

Or do you think Big W etc should also provide financial advice etc as well.

Retailers That Offer a Marketplace Should Have Some Responsiblity for 3rd Party Items Listed

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