Aussie eBay Seller Won't Warrant 12 Month Warranty

Timfoo on 07/11/2016 - 23:45
Last edited 08/11/2016 - 00:52

Long storey short I bought 20 "waterproof" deck lights off a seller for $120. 6.5 months later a few of them stopped working and upon inspection appear to have corroded (deck is outside in weather)
They are IP 67 Rated which I believe should have been fine as it's not like they were submurged in water.
I requested some replacements and showed photos and receipts.
The seller told me that they were on clearance and clearance items only have "6 month" warranty. I told him consumer law states 12 months but he believes in his 6 month rubbish.
I contacted eBay and PayPal, but they are telling me warranty issue are to do with the seller and not their problem.
My last option is to threaten to go onto eBay under a new account and buy / bid on all his products without the intention on paying. This should cause massive inconvinience to him which he has already done to me.

Here is his items
https://www.ebay.com.au/itm/272212722733

Anyone got any ideas ?

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Comments

  • Axelstrife on 07/11/2016 - 23:47
    +2

    1) All our items are Brand New, covered with one year warranty.

    clearance my ass.

    • Timfoo on 07/11/2016 - 23:49
      +2

      From the seller
      As you bought these on clearance, you are out of the 6 month warranty given, but as a gesture of goodwill we will offer a 15% discount off of the IP68 version with outdoor transformer through our website sealdesigns.com.au

      Just use the following voucher code when checking out and the discount will be automatically applied: *******

      Kind regards

      • Randxyz123 on 08/11/2016 - 02:46
        +2

        Ask him where it says anything about 6 months on clearance items.

        Look at other clearance items does it say 6 months?

  • b-t on 08/11/2016 - 00:19

    Sorry, but you're pretty lucky to have even had a response from the seller.

    I had a similar issue once. I bought a pair of UE headphones a few years back. Paid for it then they stopped working around 2 weeks later.

    Organized with the seller to get an RMA, sent it back to the seller and BAM never heard back from him ever again.

    PayPal refused to return the money as it passed the period to file a complaint (back then) and basically, I lost my money I paid as well as my headphones.

    I've tried to make as many complaints as possible, to eBay, ACCC, Consumer Law, etc. with no success on the basis that because it's an international seller, there's not much power they have in pressing charges. The only recommendation they gave me was to pay money to a lawyer, which, I wasn't going to do over $200 headphones lol.

    So my lesson learnt there was, consider Australian businesses if it's not too much more expensive.

    EDIT: I noticed you mentioned "Consumer Law". Pretty sure that only applies to Australian businesses. From the looks of the page you linked, he's most likely operating in China, where ACCC won't care. Yeah, okay it says item location is in Shenzhen, China.

    • iDroid on 08/11/2016 - 11:31

      Maybe link has changed since it reads for me:

      Item location: Gregory Hills, New South Wales, Australia

  • Almost Banned on 08/11/2016 - 00:32
    +1

    Kindly provide a reference for the 12 months in the consumer law.

  • insular on 08/11/2016 - 00:45
    +2

    international seller.

    haha why does this thread even exist.

    you're screwed. buy new ones in australia and move on with your life.

    • Timfoo on 08/11/2016 - 00:49

      NSW

  • Timfoo on 08/11/2016 - 00:49

    Sorry guys I posted the wrong eBay add, that's a similar Chinese one, this seller is from NSW

    • [Deactivated] on 08/11/2016 - 01:40

      Nah, hes actually in the UK. See my post below.

  • spackbace on 08/11/2016 - 01:18
    +6

    $6 each and you're claiming warranty 6 months later?
    And even then, the seller could just say they were installed wrong.

    Not worth the headache, buy direct from China/Hong Kong this time and save some money on the exact same product.

  • exonerate on 08/11/2016 - 01:21
    +3

    Some rough advice as a starting point is to distinguish between a 'Warranty' by the seller under the 'Returns' tab, and what you, as a consumer, are entitled to under the Australian Consumer Law (ACL) as a statutory 'Consumer Guarantee'.

    Warranty

    • I do not believe there is a minimum statutory warranty period (I could be wrong).
    • A better approach would be to contest the 'clearance' bit which was stated under the 'Returns' tab of that listing you linked. Having a look at the listing, there is nothing which indicates that item is a 'clearance' item. If you did not have any notice or information that what you bought at that time was a 'clearance' item, then you can contest that your warranty should be 12 months instead of 6 according to the seller's own 'Return' tab information.

    Consumer Guarantee

    • You will have to meet the basic thresholds (and be a 'consumer') which you most likely will and the issue is one of the basic nine consumer guarantees (you can look these up).
    • I also do not believe there is a minimum statutory period listed (again, could be wrong).
    • The consumer guarantee works on the basis that the item you bought should work as you expect it to reasonably work, for a reasonable period of time, relative to the item's cost.
    • You might be able to argue that these decking lights should 'reasonably' last longer than 6.5 months with normal use. You can try to contact the seller on this consumer guarantee issue, and if that doesn't work then try the ACCC for more information.

    Example analogy.
    You buy an expensive television. Warranty stated is 12 months. The television breaks at 13 months. You are outside the warranty period and may not be able to claim the warranty. But under the ACL you reasonably expect an expensive television to last longer than 13 months, so it is a breach of a consumer guarantee instead.

    I also don't think you should purposely cause a massive inconvenience to him, just on the general 'two wrongs don't make a right' and all that.

    Again this is very rough, but hopefully helps point you in a direction for further googling (proceed at your own risk).

  • [Deactivated] on 08/11/2016 - 01:34
    +3

    Seller is based in the UK, good luck.

    Got his ABN via WhoIs (registered email is [email protected]), ABR look up got ACN and ACN is registered as a foreign company.

    https://beta.companieshouse.gov.uk/company/06910551/officers

    Looking at their other company registrations his home address is 163 Weelsby Road, Grimsby, South Humberside, DN32 9RX

    Order a bunch of pizza, pay cash on delivery

    • sparkles on 08/11/2016 - 02:55
      -4

      Yes, settle it like mature adults by ordering pizza.

      Seriously, any sympathy for the OP evaporated with their suggestion of maliciously sabotaging the sellers business over a couple of corroded lights the seller didn't even install.

      SMH

    • b-t on 08/11/2016 - 10:22

      Now this is interesting.

      I found their ABN, but registered as a foreign company.

      http://abncheck.com.au/abn/81144741006

      Will ACCC care in this case? Will they take action or not because it's a foreign company trading in Australia?

  • pantsparty on 08/11/2016 - 09:24
    +6

    Honestly this is the risk you take by buying on eBay. If you wanted proper after sales support you should have purchased in a reputable physical store. $120 doesn't sound very pricey for quality outdoor lights so I guess go to a physical reputable store and pay a bit more for something better quality.

  • snook on 09/11/2016 - 11:10

    IF it's a shop with a street address, Fair Trading will help you.

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