There was an uproar in 2011 when some retailers were found to be selling repaired/used/returned items as new.
However I can't find any specific consumer protection that clearly deals with this.
Can anyone help?
Is it illegal to sell used items as new?
[Deactivated] on 15/05/2015 - 15:33
Comments
I was just wondering if it was a curiousity, if it happened to you, etc
02. False or misleading representations
Summary
It is unlawful for a business to make false or misleading representations about goods or services when supplying, offering to supply, or promoting those goods or services. Whether a representation is false or misleading will depend on the circumstances…
Making false or misleading representations is an offence. The maximum fine is $220,000 for an individual and $1.1 million for a body corporate.
ACL reference: sections 29-38 and sections 151-160
What are false or misleading representations?
It is unlawful for a business to make false or misleading representations about goods or services when supplying, offering to supply, or promoting those goods or services.
For instance, a business must not make false or misleading representations about:
* the standard, quality, value or grade of goods or services
* the composition, style, model or previous history or use of goods
* whether the goods are new…Source: http://www.consumerlaw.gov.au/content/the_acl/downloads/avoi…
Selling used items as new would breach section 29(1)(c) of the Australian Consumer Law…
http://www.comlaw.gov.au/Details/C2011C00003/Html/Volume_3#p…Sell used item as new = product does not match the description = illegal
Unless bought from eBay or gumtree and its describes as, "as new". Coz we all know what that means.
If the say "as new" then they should still mark it as used in the item condition field.
Want to explain the backstory behind the question?