Consumer Rights from Online Marketplace Third Party Sellers

geek001 on 24/07/2023 - 10:26

Hi all,

Need some thoughts from the OzB brains trust. Recently I have started having problems with the scroll wheel of a Logitech mouse I bought from a third party seller on Kogan. I was going to get a new mouse because I think I had the mouse for more than a year, but I googled the warranty period for my Logitech mouse and it has a 2 year warranty from Logitech's website, so I thought "Sweet, I will just try and claim warranty on the mouse". So I logged into my Kogan account and sent a request to the third party seller.

The seller responded and basically said Sorry, their warranty period is only 1 year for all their products.

So my questions are:
* I thought under the consumer guarantee, the retailer is not supposed to fob the customer off for warranty requests?
* Would the consumer guarantee apply to Kogan or the third party seller in this case? Since Kogan took my money and the third party seller sold the mouse to me?

ps. Before you ask, the original listing didn't say anything about whether the mouse was a grey import.

General Discussion

Related Stores

Kogan
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Marketplace

Comments

  • brendanm on 24/07/2023 - 10:41
    +15

    This is why you don't buy from Kogan, or even worse, Kogan marketplace.

    • geek001 on 24/07/2023 - 11:20

      Is Kogan customer service really that bad? I haven't had any issues with my Kogan purchases till now, I am talking sporadic purchases when they throw me some Kogan credit over maybe the last 10 years.

      Kogan branded products, on the other hand…

  • Jimothy Wongingtons on 24/07/2023 - 10:52
    +2

    Lol prob a grey market seller

    Kogan.com provides a Marketplace that allows retailers to list their items on the Kogan.com store and sell their items directly to you. Marketplace sales are indicated by the retailer listed as the seller of the goods on the product listing.

    Marketplace retailers accept all responsibility for their listings, and any assistance required in providing a remedy in line with your Consumer Guarantees. The Terms & Conditions for each Marketplace Retailer can be accessed from the relevant listing.

    For Marketplace purchases, you can contact the retailer directly through your Kogan.com account dashboard by selecting the relevant order and choosing “Contact Support”. In the event that you are unhappy with the remedy offered by the Marketplace Retailer, or you believe the remedy is not in accordance with the ACL, please request the retailer to escalate your claim to a Kogan.com representative and we will be more than happy to assist you.

    the last line lmao

    hey seller can you please remedy under warranty
    nah
    oh..can you please escalate to kogan.com
    nah
    oh…

    • geek001 on 24/07/2023 - 11:16

      FWIW, I haven't escalated it to Kogan's customer service yet. I have an option to do that, but I am actually curious what the consumer guarantee actually says about online marketplace third party sellers so I know what I should say to "persuade" the situation in my favour.

  • JimmyF on 24/07/2023 - 10:52
    +2

    The seller responded and basically said Sorry, their warranty period is only 1 year for all their products.

    Yeah they should honor it etc, but honestly is it worth the hassle of fighting if you can claim directly with Logitech as you say they have a 2 year warranty. So just do that.

    • Switchblade88 on 24/07/2023 - 11:14

      Definitely the better option in this case

    • geek001 on 24/07/2023 - 11:14
      -1

      Yea, you are probably right. But I also curious what the consumer guarantee actually says about online marketplace third party sellers.

      • JimmyF on 24/07/2023 - 14:42

        Yea, you are probably right. But I also curious what the consumer guarantee actually says about online marketplace third party sellers.

        Consumer rights aka guarantee applies at the Australian business level selling the product, it doesn't matter if it is online or not. So yes this 3rd party is meant to honor it.

        So you have a case for sure, BUT all that said, you also have a stress free path to get it fixed now, so honestly it isn't worth the hassle of jumping up and down over getting them to send your mouse off for warranty when you can do that yourself directly.

        Its a lot of stress for a $68 mouse….. Take the easy path.

      • Sal in SA on 24/07/2023 - 17:35

        The same as any new purchase.
        However - how easy / well / time taken for any action is another story.

        Short version: you will be fighting - as in calling / contacting them every few days for every single step in the process and will take months, many months maybe even many many many months.

  • boomramada on 24/07/2023 - 10:55

    I believe the Logitech mouse warranty is 1 year, used to be 3 years. But if it's a major fault, you can use a Consumer guarantee.

  • Hybroid on 24/07/2023 - 11:22
    +1

    Have you contacted Logitech themselves to confirm? It could be the particular model SKU you have is 1-year warranty, not uncommon for products to have different versions, but most likely it's the seller fobbing you off.

    There's also a question around whether it's even a warranty issue. Could be claimed to be wear and tear or user damage if it's the scroll wheel. Will be difficult to prove it's a manufacturing issue after a year of use.

    Note that warranty and consumer guarantee are not the same thing. Make sure aware of differences when escalating as you're probably more likely to get a positive outcome via guarantee route in this case. The answers to your questions depend on the seller. Are they local or abroad? One man band selling from their garage or established registered company etc. But in general, it's on the seller not the marketplace.

    Buying from Kogan themselves is ill-advised. Let alone a third party seller on their platform. Not ideal and wouldn't be having this problem with Amazon/JBHi-Fi etc.

  • Almost Banned on 24/07/2023 - 11:55

    It is the supplier that owes you warranties under the ACL.
    However, if that supplier is overseas, enforcement of your rights will be next to impossible and certainly uneconomic.

    • geek001 on 24/07/2023 - 11:57

      It is a local company with ABN and everything. Can the supplier say their products only have 1 year warranty even though the manufacturer warranty says 2 years?

      • Almost Banned on 24/07/2023 - 11:59
        +1

        Express warranties can be whatever they choose.
        Your statutory warranty is for a 'reasonable' time period regardless.

  • djsweet on 24/07/2023 - 14:46
    +2

    The ACL (which the retailer is obliged to follow) is separate to a product warranty, which is offered in addition to your consumer rights. What the retailer has done is unusual, but perhaps falls in a strange area which may not be outright illegal. They can argue that a reasonable amount of time for your mouse to live is 1 year. I imagine that argument wouldn't hold up under legal challenge, as the manufacturer warrants the product for 2 years, thus implying the expected life is at least 2 years. Anyway, since this isn't worth fighting in court, best option is to go to Logitech direct. Next time don't buy from rando sellers on market places. Particularly Kogan!

  • CurlCurl on 24/07/2023 - 16:48

    Maybe it's a grey import. If so then Logitech are within their rights to say no to a warranty claim. Also you claim is with the seller, and not Logitech.

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