ACT Auction Site Refusing Refund - What Next Under Australian Consumer Law?

[Hoooolio]

Hi everybody.

I have recently purchased a vehicle on a national online auction site. The vehicle was advertised with a 5 speed gear box and in all supporting information stated that it was a 5 speed. All well and good and a week later the vehicle arrived after I had organised a freight company to deliver.

The day of arrival, I jump in the vechile and find that it is in fact only a 4 speed. I informed the auction site immediately and wait for their responses.

A few days later, I speak to a representative and they ask where I would like to go from here and I make it clear that I would like a refund. They accept that and ask for me to send all occured costs in obtaining the vehicle and she will have them refunded.

3 weeks later, I have had zero communication with the company and would attempet to call the manager dealing with the refund daily. I eventually go higher to his manager and told that he will arrange to have the staff member contact me.

The manager contacts me and then informs me that he doesn't believe I am entitled to a refund of the vehicle as the description is used as a "guide only". In the companies terms and condition, it clearly states that;

Subject to 5.1i, goods will only be able to be returned if we are responsible for delivery and the goods,

were incorrectly described in the Lot Description (other than minor differences); or


5 Returns

5.1 Return of goods - Online Auctions

1. Subject to paragraph 5.1b, goods bought at auction may not be returned to us for any reason, including:
   1. if you change your mind; or
   2. you have had the opportunity to inspect them before bidding as sales are made on a "as is, where is" basis.
2. Subject to 5.1i, goods will only be able to be returned if we are responsible for delivery and the goods,
   1. were incorrectly described in the Lot Description (other than minor differences); or
   2. are damaged in transit or are "dead on arrival".
3. If you wish to return an item, you must:
   1. email our customer service team at
      [Moderator Redacted - Community Guidelines]; or
   2. call our customer service hotline on
      [Moderator Redacted - Community Guidelines]
      ,
   3. within 30 days of the sale, providing full details of your purchase and the reason for return of the item. When we receive your request by either email or telephone, we will email you a returns advice form (stating, amongst other things, the address to which the item must be sent), which must be included with the returned item.

As it clearly states returns are accept if the item is incorrectly described (unless minor).

The manager believes the fact that this instance is only a minor difference he would not accept the return.

In my opinion, I would consider that a major difference.

Any help to where I should go from here under Australian Consumer Law would be greatly appreciated.

Cheers

 

[Sophea]

Under Australian consumer law you are not entitled to the same shopping rights when you buy through an auction site. Under ACL you can get a refund for a product purchased through an online auction site if you purchased a product that:

• misled you about features of the product or hid costs or other details from you
• was stolen, did not belong to the business or individual or came with outstanding debts, charges or restrictions the business didn’t tell you about beforehand
• was faulty or does not do what it is supposed to (but this does not apply to traditional auctions).

Check out the ACCC website for more info: Online auctions | ACCC