eBay Seller Ignoring Request to Return Item under Australian Consumer Law

deeds89 on 29/03/2019 - 23:27
Last edited 29/03/2019 - 23:55 by 2 other users

Hey Guys,

I’ve seen some similar posts about Australian Consumer Law and eBay, though I can’t seem to find a post including my specific circumstance.

I’m after some help regarding an electronic makeup remover I purchased for my wife for Christmas in November 2018. It never really worked properly but she kept trying in the hope it got better. End of February it pretty much carked it and stopped working all together.

Being 4 months since purchase, eBay’s return guarantee has ended though I want to return it to the seller for a refund under consumer law. Four months of use is not a reasonable expectation of life for this product.

Anyway, the seller has stopped responding to my messages seeking a refund. So, being an eBay Plus member I contacted eBay via phone and was told there was nothing they can do - other than send me a pre-paid shipping label to send the item back to the seller and contact PayPal disputed resolution.

My wife has thrown out the original packaging; under Aus Consumer Law a product does not need to be returned in its original packaging so I wanted to return it this way. So, before I return the item and lodge the dispute via PayPal, just wondering, will PayPal reject my claim given that it’s not in its original packaging, and if so, how do I go about making a claim under Consumer Law if the seller isn’t replying and eBay have said their is nothing they can do?

Cheers
(Hope this makes sense, it’s late and I’m sleep deprived!)

Original Listing https://www.ebay.com.au/itm/FOREO-Luna-Mini-2-Sonic-Skin-Cle…

Electrical & Electronics

Related Stores

eBay Australia joh_566
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Comments

  • [Deactivated] on 29/03/2019 - 23:29
    +1

    Who did you buy what from in what condition?

    • deeds89 on 29/03/2019 - 23:38

      Hey, I’ve updated the post with original listing - it was a Brand New Foreo Luna Mini 2. Looks to be a regular eBay seller (300 feedback)

  • Clear on 29/03/2019 - 23:29
    +2

    Actual store on eBay or an ordinary seller?

    • deeds89 on 29/03/2019 - 23:38

      Ordinary seller it looks like! I’ve updated my post with the original eBay listing.

      • Clear on 30/03/2019 - 00:15
        +5

        Yeah ACL won't apply to private sellers.

        Perhaps your wife could try the cheaper Xiaomi InFace Cleaner? $15.29 US before GST, coupons and cashback. My partner says it works well :)

        • deeds89 on 30/03/2019 - 07:00

          Oh bugger, no worries, thanks for your help mate!

  • MeesusEff on 29/03/2019 - 23:42

    Same when I bought a Mirenesse pebblesonic with 10 years warranty, only to find out 4 years later that it was very limited in terms of what they cover. I have bought one from AliExpress with 1000+ reviews for about $17, works and looks exactly the same without the branding.

  • whooah1979 on 29/03/2019 - 23:50
    +3

    https://www.ebay.com.au/itm/223212611410

    This is either a drop shipper or a private seller. There is no statutory guarantees with private sellers and drop shippers are just as difficult deal with. They may close shop and be reborn in a matter of minutes.

    • deeds89 on 30/03/2019 - 07:01

      Bugger! Thanks for your help

  • spackbace on 30/03/2019 - 00:01
    -1

    As above, ACL is pointless as they won't be a registered business, it's just Joe Bloggs in a house down the street.

    Besides, electronic makeup remover?! Do you want skin cancer?! 😂

  • El Grande on 30/03/2019 - 02:23

    It looks like a $10 thing. Why would you spend $125 on it? Should have gotten a Xiaomi.

  • garetz on 30/03/2019 - 03:42
    +1

    You do not need original packaging, paypal has 6 months returns policy.

    • deeds89 on 30/03/2019 - 06:59

      Thank you for answering my question! :)

  • hd2002 on 31/03/2019 - 20:37

    Yes, you need log a PayPal disputed within 6 month of purchase.

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