VIC Refund under Australian Consumer Law - Bunny Not as Described?

[angelina]

Hi. We paid (from a registered breeder) for 3 bunnies and took 2 home waiting on the other one to be ready to be picked up. When the time came to pick up this bunny, we changed our minds because the breeder promised it would have small ears, but by the photos sent to us, the ears were too large. We have asked for our money back and given our account details. However, nothing has been refunded. We have been sending messages and emails for the refund of $90. It's been 2 months now.

Can anyone help with what I should do to get the refund under Australian Consumer Law?

 

[Sarah J]

Animals are considered "goods" under the Australian Consumer and Competition Act 2010 schedule 2 section2. If the registered breeder is considered a private seller, they will not fall under the regulations of the ACL. If they are considered a business, then you will be protected. I suggest contacting the Australian Competition and Consumer Commission to enquire whether this situation is within their jurisdiction.

Alternatively, you may have an action in breach of contract or misrepresentation. Was all this made over the phone or orally? Was any of the agreement in writing? In particular, your requests to have bunnies with small ears? Was this made clear to the seller that this was an essential condition of the purchase?

Given the fact that it is very difficult to guarantee what kind of animals will be bred and will come out, particularly animals with uncommon traits, you may find difficulty in being able to rescind just on that basis unless you made it clear to the seller that this was an essential term of the contract and your decision to buy the bunny.