ACCC Consumer Rights Repair etsy

LBettyBoop00 on 24/12/2021 - 19:23

Hello Oz bargain

I'm just wondering if anyone knows consumer repair rights?

I have sold a pair of earrings online 2 months ago, the customer has had them for 6 weeks according to the tracking. She has advised she has worn them a couple of times and now they are "falling apart".

The repair is simple - close the hook with pliers.

She's asking for a refund or store credit as now she says she can't wear her Christmas earrings for Christmas

Price is $14.99

Am I right to offer her a repair if she sends it back to me at her own cost? Do I have to replace them? I couldn't find anything like this on ACCC.

The items were in perfect condition and I've only heard from her now 6 weeks after receiving, the repair would a couple of seconds.

Any advice on what the entitlement is for both sides is great.

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Comments

  • Benoffie on 24/12/2021 - 19:37

    Were they new or second hand?

    The law essentially says that a person has to anticipate reasonable wear and tear vs price of an item.

    $15 earrings admitted worn at least once (presumably more), you've offered a fix. Refund or replacement wouldn't be warranted IMHO.

    Happy to hear other perspectives

    https://www.accc.gov.au/consumers/consumer-rights-guarantees…

    • HeWhoKnows on 25/12/2021 - 08:59
      -1

      What warranty was offered (if any)
      Goods must be of merchantable quality.
      What does she expect for a pair of cheap ear rings?
      Buyer must also exercise due care

      Worn twice?

      I think she got her $15 worth already.

      But yes have her send them back for repair at her expense
      That's always the case,
      Buyer is always responsible for cost of returning item whether back to store, by post or whatever
      Except for bulky items that are sold with in-house warranty

      Furthermore the option or repair or replace is up to the seller/manufacturer. Not the buyer.
      The seller just needs to make good the fault. If indeed there was a fault.

      • apsilon on 25/12/2021 - 09:17

        Buyer is always responsible for cost of returning item whether back to store, by post or whatever

        That's actually not correct according to ACCC. Buyer is responsible for returning the item if it's easily portable or postable but they can then claim reasonable cost from the retailer if it turns out to actually have an issue.

  • apsilon on 24/12/2021 - 19:40

    I think you'll find your answer here: https://www.accc.gov.au/consumers/consumer-rights-guarantees…

    IMO sounds like a minor issue in which case a repair rather than replacement or refund is warranted.

  • Ocker on 24/12/2021 - 19:45
    +8

    Familiar story. A person buys an item, uses it for a specific purpose and then finds a reason to demand a return/refund. Very prevalent on eBay etc.
    Tell the buyer to return the item (at their cost) and say you will assess the problem. Say that if a genuine product defect then replace the item, otherwise you will repair the fault and they will need to pay for the postage to send back.
    Bet you don't hear from them again!

  • BettyBoop00 on 24/12/2021 - 19:46

    I've gone through the ACCC and it seems like things on there are genuinely broken.

    The customer claims falling apart as the silver circle needs to be closed to close the gap. You can close it with your hand if you're tough but if you're elderly you would need pliers

    -handmade custom earrings

    • Benoffie on 24/12/2021 - 19:49
      +1

      Yeah this sounds like laziness on their part to me.

      If you buy off Etsy, you know what you're signing up for - handmade or vintage items.

      I think the advice to repair and offer to repair if they pay the postage is more than enough.

    • bobbified on 24/12/2021 - 19:51
      +2

      Sometimes, as a business owner, you come across these situations and you have to make a decision. Whether you're right or not becomes irrelevant and it can better and much easier to just cop the loss than try to fight it all the way through.

      • BettyBoop00 on 24/12/2021 - 19:53

        I usually check with the ACCC live chat but it's closed until business hours return
        (so after Christmas)

        • Baysew on 25/12/2021 - 06:45

          Same with OzBargain, just the automated bots to answer questions.

  • JimmyF on 24/12/2021 - 21:18

    Am I right to offer her a repair if she sends it back to me at her own cost?

    If you sold them as 'new' then yes you have to offer a repair at YOUR cost, not theirs, so yes you have to cover postage costs.

    Do I have to replace them?

    Repair, replace or refund. The choice is yours.

    The repair is simple - close the hook with pliers.

    While I don't disagree to some it is simple, to others not so much.

    They could be trying it on, but honestly for the price you sold them at, is it worth your time or hassle to fight it? Sometimes in business you win, sometimes you don't.

  • hellobargain21 on 24/12/2021 - 21:38
    +1

    I dont know how much you COGS on the $15 is but if it was me I'd just give them store credit and write it off, the amount of time to worry about it sure exceeds that amount.

    • JimmyF on 24/12/2021 - 21:50
      +5

      I would go refund so they don't pull the same trick again with the credit!

      I sell on ebay, if you pull that crap, sure you get a refund, but you also get a instant block so you can't buy again from me.

  • KaTst3R on 24/12/2021 - 21:43
    +1

    Your hourly rate is much more than $15.

  • Nutrino on 24/12/2021 - 21:51
    +1

    if you own a buisness and asking advice on $15….. something is wrong…. i would think twice about running your business.

  • [Deactivated] on 24/12/2021 - 22:39

    Do you have a shop policy in relation to refunds and returns that is available on your Etsy shop homepage?

  • FoxJump on 25/12/2021 - 00:19

    Isn't Etsy American? If so, why do you have to listen to ACCC rules?

  • b0rnwithabeard on 25/12/2021 - 08:41

    is this really worth all this emotional labour for $15?

    If the repair is simple enough and would only take a few seconds, why not do it yourself?

  • WrittenByKevinWatson on 25/12/2021 - 08:55

    Won't they just open up again if your customer closes them?
    Why would they open up in the first place?

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