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NSW Australian Consumer Law - Daughter Purchased Re-Wrapped Cosmetic Tester - Get Refund?

Discussion in 'Australian Consumer Law Forum' started by eli, 15 January 2016.

  1. eli

    eli Active Member

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    My daughter purchased a cosmetic item for a discounted price. Upon opening the purchase, she had found it to be a tester re-wrapped for sale. Can she ask for a refund under Australian Consumer Law?

    It was not a product that was marked down but a tester re-sold with no explanation given as they do sometimes on a slightly damaged stock.
     
  2. Tim W

    Tim W Lawyer

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    I'd say so.
    Provided that she has the receipt, and that it hasn't been unreasonably long since she bought it,
    and no matter what the seller says about "No refunds on sale items".
     
  3. eli

    eli Active Member

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    Thank you Tim. We took the item back the same day, with the receipt and explained the situation. As she used a gift card for the purchase, she was given a gift card for the amount of the purchase. The 'no refunds on sale items' policy would not apply in this case due to the item being a tester and because it was being sold under the pretence of an unused product with only a slightly damaged box.

    I was prepared this time as this particular store always gives people a hard time when it comes to returns (well, at least, that has always been my experience) and I could honestly see a lot of issues with hygiene in trying to re-sell a tester that customers have tried. It was annoying as well due to the fact that it was deceiving - you did not know it was a tester until you opened it.

    Thanks a million, you have been a great help.
     
  4. Tim W

    Tim W Lawyer

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    You're welcome.

    For people who read this later, I'll add that if a seller makes claims
    in the ballpark of "No Refunds of Sale Items", then these are not valid,
    and the Australian Consumer Law applies regardless.
     

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