I'm looking at buying an appliance however have found it through a seller marked as 'refurbished and tested by the manufacturer'. Given that the price of the refurbed good is very tempted I am wondering what consumer rights we have in these types of instances? Are they the same as new goods or does a different law apply to goods that are sold marked specifically as refurbished. I tried to google but am not able to find specific instances of this scenario so figured i'd check in with the Ozbargain crew. What are your thoughts/experiences?
What Are Your Consumer Rights with Refurbished Goods?
JLCC on 31/01/2020 - 14:14
Comments
Thanks for this!
through a seller
2nd hand goods, ACL rights don't apply.
What if this is a legitimate online store? I'm trying to find the line where ACL applies / does not apply. Its proving a little bit trickier than I thought it would. Worst case I buy new, but with the amount saved if I can get it through the refurb route it might be worth it - but only if there is at least some coverage with ACL if the appliance breaks down/is faulty.
JimmyF is 100% incorrect.
ACL does not apply to private sales which may involve secondhand goods. However if you are purchasing refurbished goods from a store, your ACL rights do apply. The exception is Auctions.
The OP hasn't listed the selling website or store name. Most 'sellers' on say ebay for example list it as 'manufacturer refurbished" when clearly its just second hand items.
It will come down to if this is a real 'store' selling it with a invoice or not, or if its just a 2nd hand seller.
So yeah get al the facts before you turn on FUD mode.
@JimmyF: Your blanket statement was
"2nd hand goods, ACL rights don't apply."
You didnt caveat it with it coming from a store or private sale. I direct you to my statement where I explained the differences.
So… maybe you get your facts before you make blanket statements that are untrue?
Thanks for playing though Champ!
Your blanket statement was "2nd hand goods, ACL rights don't apply."
Correct, the ACCC does say this "A refurbished good or part is likely to be considered as a used good/part that has been reconditioned or restored to an acceptable working order."
So I don't really need to caveat it with anything to make you feel special as you don't know the rules.
So… maybe you get your facts before you make blanket statements that are untrue?
maybe you should
@JimmyF: Im not even sure what point you are trying to make. You are a bit all over the place with what you are copying and pasting from the ACCC website and how it relates to whether the ACL applies or not.
And its not a case of knowing the rules guy. Im a lawyer with a consumer protection background.
You are a bit all over the place with what you are copying and pasting from the ACCC website and how it relates to whether the ACL applies or not.
? You know they're related……. right?
The key issue here is whether it is done 'in trade or commerce'.
Generally sporadic private sales are not considered to take place in trade or commerce - however, if you are operating a business selling second-hand or refurbished items, it would be.
What is the website you're buying off?
Are they are 'real' store, not just a place pretending to be a store on ebay for example.
Are they issuing you a tax invoice?
The ACCC does say this "A refurbished good or part is likely to be considered as a used good/part that has been reconditioned or restored to an acceptable working order."
So yeah 2nd hands rules may apply.
What is the appliance?
Cheers for the input. Its an ebay store so I suspect you might be right in that is highly likely to be 2nd hand. The item is a coffee machine. The description does say it has been tested by the manufacturer at their service center (delonghi). Given your inputs though I think i might hold off and wait for a deal through either JB or The Good guys and avoid any potential future issues.
Its an ebay store
Does it have a bricks and mortar store? If so, you will have better luck, if its just a ebay store, then yeah the seller is going to claim its 2nd hand item if push comes to shove as they are just a 'private' seller.
The description does say it has been tested by the manufacturer at their service center (delonghi).
I sell on ebay, its just a drop down list when listing the item. People lie all the time so it looks better, people rather buy refurbished as it sounds better than used ;)
There is even a option called 'seller refurbished'. What does that even mean? It means I cleaned it up and tested it, it worked and off it goes for sale :)
i might hold off and wait for a deal through either JB or The Good guys and avoid any potential future issues.
If the price is low enough buy the ebay one, but assume no ACL rights (you can always try, but assuming worst case you have none).
Otherwise wait for a sale, as warranty is import, these things ALWAYS break down.
Is the seller offering a warranty? Is the warranty different to the normal brand-new warranty? Do you trust that the seller will still be around when/if you need to claim?
Yeah they've stated 4 months which is very limiting. And according to the link @spaceback provided above timeframes like this sound arbitrary. They are right with one thing though, making claims are a nightmare (both with refurb'd or brand new).
Run. Unless it is 12 months don't bother.
So there is no point at which a saving is worth a lower warranty if it is less than 12 months?
Seems very short sighted, but thanks for lowering prices for the rest of us.@mskeggs: LOL there is a saying. The merchant is never wrong. They usually have better inside information than you do.
I've bought items that was very cheap like a $30 rangehood with minor marks on it with 12 month warranty but if someone gave me 3 months and I could get a new one for $50 why would I bother with the risk?
There is also the saying: the share market is the only market where everyone bolts for the doors when there is a sale.
Why is it "buyer beware".
IF you were even 50.1% correct Jeff Bezos would be living on the street and you'll be a rich man.
@netjock: Um, ok.
I guess you would never buy a private sale car or an item from a garage sale.
I bet Jeff Bezos bought plenty of things without warranty in his time.@mskeggs: I bought a second hand car for 25k, 9 months old with 2 more years warranty on it. 45k new. Risk Vs reward.
Didn't know you are mates with Mr Bezos or is he just mates of a mate down at the pub who also happens to have some heavily discounted gear that's fallen off the back of a truck.
https://www.lifehacker.com.au/2014/08/ask-lh-what-are-my-con…
But basic summary of Consumer Law is that everything is a 'reasonable time-frame'. Neither the seller, ACCC or you can define that.
Personally, I don't even consider ACL when looking at products. Claiming on it can be a nightmare.