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NSW Australian Consumer Law - Purchase Different from Requested - What to Do?

Discussion in 'Australian Consumer Law Forum' started by Mitch, 30 September 2015.

  1. Mitch

    Mitch Active Member

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    I have bought a product for USD$1100 including shipping to Australia after the salesperson sent me an invoice. What they sent me differed from what was requested and what they said they would provide. I have proof in email and on the invoice. Is there a way to get my money back from the person under Australian Consumer Law?

    I have details of the company and whatnot, but I am out AUD$1700 with something I can't resell. He now says he wants USD$2400 for the product. What can I do about this? What's the first step I should take?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Mitch,

    unfortunately whilst technically Australia's consumer protection laws provide recourse for online shoppers irrespective of whether the seller is based in Australia or overseas, they are difficult to enforce when the seller is located overseas. Under those laws suppliers of products must guarantee that their description of goods is accurate and that the product sold matches that description. If you receive a product substantially different from what which you purchased, you are generally entitled to a full refund.

    Did you pay through paypal? They also provide dispute resolution procedures that are favourable to buyers. Or if you purchased with your credit card you may have the option to utilise any protections that VISA or Mastercard offer.
     
  3. Mitch

    Mitch Active Member

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    Hi Sophea,

    Thank you or your reply. Unfortunately it was a simple bank transfer so I have no protection there.

    So essentially the product I bought was USB3.0 flash drives, and they sent USB2.0 flash drives. 2.0 have exceptionally lesser resale value than 3.0. They guaranteed USB3.0 as I made sure of it many times. What do you think I should do from here?

    Kind regards
     
  4. Rod

    Rod Well-Known Member

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    Goods for resale are mainly covered under the Goods Act not the ACL.

    See if he will take a return, credit you your money that you then put towards USB3 drives.

    BTW, you should only order from overseas what you are prepared to lose from new sellers. Start with low quantities, build up relationship first.
     
  5. Mitch

    Mitch Active Member

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    Ahh I see, I did not know that. Thank you.

    No he won't unfortunately. He says that I paid usb2.0 price even though it was invoiced and negotiated the whole time to be usb3.0. I have exhausted all avenues I can think of.

    In hindsight I'll never not go through PayPal again. Such a hassle without protection. I ordered the MOQ from thus particular supplier, totalling to around $1700.

    Without any possible negotiation with the supplier, should I approach a legal firm or have I reached the dead end of this endeavour?
     
  6. Rod

    Rod Well-Known Member

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    Not sure of the steps you take at court. May be something like, go to local magistrates court, prove case, if win, get court order.

    Overseas seller ignores local court order, you do something to have local court order converted into US court order (I have no idea how this works - maybe relies on US free trade agreement?), Wait to see if seller pays, if not seek US order enforcing payment. Wait till justice grinds enforcing order. Maybe see some money.

    Or sell USB 2.0 stock at USB 2.0 prices and do better next time, putting this down to learning.
     
  7. JS79

    JS79 Well-Known Member

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    Have you kept any correspondence between the two of you regarding what you purchased?
    What is on the invoice? USB 2.0 or 3.0?
    Is the price you paid in the USA usually for a 2.0 or a 3.0?
     
  8. Mitch

    Mitch Active Member

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    I have every piece of communication between us. The invoice States USB3.0. I am unsure about what's usually paid for as I spoke with him privately - I have no other prices about any other product.
     
  9. JS79

    JS79 Well-Known Member

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    I would then suggest to write a letter to the seller attaching a copy of the invoice and the communication between the two of you and request a full refund or to replace the 2.0 with the 3.0.

    Once he sees the evidence he may decide to honour you.
     
  10. Mitch

    Mitch Active Member

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    I have already done so, and unfortunately he is being stubborn and will not cooperate whatsoever. The only way he will do anything is if we pay an extra $2400, send the products back and he will resend the USB3.0 flash drives. But this isn't happening as I can't risk sending anymore money to a fraud. I'm just praying there's something I can do.

    Thanks,
     

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