ACCC on Buying from Overseas Websites

ausmomo on 21/02/2018 - 11:16

Background: A while back I bought a poor quality tablet from banggood - it because faulty about 2 months after receiving it. When I complained to them, they essentially laughed.

I wrote to the ACCC, and this is their response;

Your rights: shopping online
All your usual consumer rights apply when you shop with an Australian online business.

Our view is that the Australian Consumer Law also applies when you buy from an overseas online business. However, if a problem arises with your purchase, you might experience practical difficulties in obtaining a remedy from them because they are not based in Australia.

Just letting everyone know. It might not help if buying from less reputable website, but some overseas website might honour ACL if this is pointed out to them.

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Comments

  • whooah1979 on 21/02/2018 - 11:22
    +12

    Our view is that the Australian Consumer Law also applies when you buy from an overseas online business

    Their opinion (accc) means nothing. They've no jurisdiction over an entity that doesn't operate on Australian soil.

  • scrimshaw on 21/02/2018 - 11:27
    +3

    That's just their view. However, they didn't say anything about the law being enforceable outside of Australian soil.

    The ACCC cannot issue Banggood with fines the same way they do it with local businesses.

    • ausmomo on 21/02/2018 - 11:39

      I don't think anyone here is going to launch international lawsuits over consumer goods, especially not a $130 tablet.

      As the ACCC say, whilst they believe ACL applies to goods purchased from overseas websites, you might experience difficulty obtaining a remedy.

    • Almost Banned on 21/02/2018 - 12:18
      +1

      They do say something about the ACL being enforceable outside of Australian.
      They specifically say that you may have problems obtaining a remedy. That is an enforcement issue.

      • Nanokillaz on 21/02/2018 - 12:21
        -1

        Australian law is only enforceable in Australia. This only applies as the product enters Australian soil.

        However, it will also be impossible to enforce a foreign company to follow ACL. So essentially it's a moot point.

  • [Deactivated] on 21/02/2018 - 11:39
    +3

    Thanks for pointing out the obvious, thought the word Australia in ACL would be enough for you to realise.

    • ausmomo on 21/02/2018 - 11:41
      -1

      I really don't know what the obvious part is. Many think ACL doesn't apply to overseas purchases. The ACCC states otherwise. Yes, enforcement is a separate issue.

      • [Deactivated] on 21/02/2018 - 11:45
        +1

        You really think an overseas website is going to follow Australian laws, when 90% of the Chinese sites probably don’t even follow their local laws.
        You’re kidding yourself.
        ACL doesn’t apply to overseas purchases, it applies to purchases made from a businesses with ABNs which are 99% of the time in Australia.
        Eg if you buy from Kogan Hong Kong from Dicksmith.com.au, ACL does not apply because you got the item from Kogan Hong Kong which doesn’t hold an ABN….
        It’s not a hard concept to grasp mate.

        • ausmomo on 21/02/2018 - 11:55
          -2

          sorry buddy, if the ACCC says "ABC" and you interpret that as "not ABC", then I can't help you.

        • [Deactivated] on 21/02/2018 - 11:57
          +4

          @ausmomo:
          Huh?
          Where is banggood? China
          Where is the accc? Australia
          Far distance
          Different laws

        • ausmomo on 21/02/2018 - 12:03
          -4

          @tuzii:

          Hmmm… who should I listen to? ACCC or keyboard warrior?

        • spackbace on 21/02/2018 - 12:15
          +1

          @ausmomo:

          You realise you didn't even need to write to them? You could've just spend a few minutes looking online and found this

          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.

          If your seller is based overseas and writing to them doesn’t resolve your problem, try asking the consumer protection agency (link is external) in their country if it can help.

          Our Scamwatch website provides tips on how to spot online shopping scams (link is external).

          Also, you should be aware of your rights when buying parallel imports online (i.e. products that you buy from a seller who does not have specific permission from the manufacturer to sell those products in the Australian marketplace).

        • Almost Banned on 21/02/2018 - 12:34
          +1

          Why would you think the ACL only applied to businesses with ABNs?
          s. 131 of the C&C Act specifies the application of the Act. It says nothing about ABNs.
          The Act applies to corporations.
          The equivalent State versions cause the ACL to apply to persons and supplies of goods and services in each State.
          Again, nothing about ABNs.
          If you buy from Kogan or Dick Smith it doesn't matter where their back-end operations occur. If they are corporations, or if they are providing goods and/or services to a Australian consumer, they are bound by the ACL (either by virtue of the C&C Act or the State Fair Trading Act equivalents). In both of those cases it would be easy to seeks remedies under the ACL as they both have an Australian presence. Much harder to chase something like Banggood, Geekbuying, Gearbest or the others who have no Australia presence.
          I really wish people with no clue wouldn't give legal opinions.

        • Typical16-bitEnjoyer on 21/02/2018 - 12:56

          @ausmomo:

          I wrote to Santa Claus once and got a response. Just because you interpret that Santa doesn't exist, then I can't help you.

      • whooah1979 on 21/02/2018 - 12:14

        The ACCC states otherwise.

        The accc's reply to your dispute is their opinion, just like every other poster here has an opinion. Their opinion isn't legislation.

        • [Deactivated] on 21/02/2018 - 12:20

          This, OP thinks Overseas website are going to listen to then they won’t and don’t.

  • CyberMurning on 21/02/2018 - 11:44
    +1

    ACCC what is the A stands for? then that is the answer

    • ausmomo on 21/02/2018 - 11:56

      You do realise that the ACCC says ACL applies, right? Hard to enforce, but applies. The English is fairly simple.

  • spackbace on 21/02/2018 - 11:52
    +3

    Fake news!

    But seriously, this is old news. Though is hilarious when people throw around ACCC when whinging about overseas stores

    • [Deactivated] on 21/02/2018 - 11:52

      Thanks trump

    • Clear on 21/02/2018 - 12:02

      I've had it thrown against me a couple times over the years. Quite funny.

  • Krankite on 21/02/2018 - 11:57

    Because the sale occurred within Australia ACL applies, but because the company is not an Australian entity there is no enforcement body with jurisdiction. Dual registered companies like Kogan you may be able to get a response from by stating that the purchase was in Australia but I wouldn't hold your breath.

    • [Deactivated] on 21/02/2018 - 12:02

      You won’t., so don’t hold your breathe

  • Clear on 21/02/2018 - 12:07
    -1

    I know Banggood. They don't give a rat's ass about ACL and this thread is going to change nothing. It's ACCC view that ACL applies when you buy overseas, but that message you received proves that nothing will happen.

  • wombat81 on 21/02/2018 - 12:17

    At the end of the day, when buying grey import products, you have to assume that you have zero warranty. That has to be your first thought when buying a grey import. Am I happy to lose my cash if this thing breaks next week? If you end up getting some warranty, that's a bonus, but, regardless of what the ACCC say, in reality you have exactly zero warranty when buying from overseas.

  • pegaxs on 21/02/2018 - 12:19
    +2

    News flash… Banggood are also probably not paying GST…

    More news at 6…

  • stargalaxy on 21/02/2018 - 12:59

    Overseas website is more scared of negative customer feedback than ACCC or ACL, so if you are unhappy with your purchase, you can always highlight in this forum and probably get a better response from the seller (especially if you buys from one of those deals posted here) than if you complain to ACCC.

  • garetz on 21/02/2018 - 13:11

    Stop buying from banggood ? That's the risk you take to get cheaper prices.

  • Nutrino on 21/02/2018 - 17:32

    Move along, nothing to see here…

  • [Deactivated] on 22/02/2018 - 09:51

    Give them a negative review for selling you garbage. Just be mindful when buying cheap overseas trash.

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