© State Government of Victoria (Consumer Affairs Victoria), Menu options for Consumer Affairs Victoria, Buying from an Australian business online page, Complaint letter/email template (Word, 58 KB), Example email requesting a refund for a faulty item bought online (Word, 53 KB), Find templates for complaints about a faulty product, Learn complaint handling tips for business, Subscribe to our updates for consumers or small business, Shop Smart Online video on our YouTube channel, list an Australian Business Number (ABN) or company name on their web page or profile. When you buy from an online retailer, you’re protected by the Consumer Contracts Regulations and you can choose to cancel the order from the moment you place your order up to 14 days from the day you receive it. How to spot a fake, fraudulent or scam website. If you buy goods for personal or household use from a second-hand trader and then discover them to be faulty, you have rights under the Consumer Guarantees Act. that provides clear information on your rights offering simple solutions to solve your everyday consumer problems. We imported our second hand VW from the UK in 2015. At this time of year, you might be able to pick up some good bargains from other businesses as they take advantage of summer sales to upgrade their own equipment. For example, consumers can report an issue to eBay's Resolution Centre between four and 32 days after the sale. Should I buy second hand? can help you start your complaint for free. If the seller is based: Although we cannot resolve disputes arising from consumer-to-consumer sales, we can provide you with further advice. You will need to take extra care if you decide not to buy a car from a licensed motor dealer or auction, as a private seller is not bound by consumer guarantees. You then have the right to reject it or claim compensation Use our complaint letter or email template, and read our example below: If the seller does not resolve the consumer’s issue, what they do next depends on where and how they bought the item. For example, something second-hand should not be described as new. The Consumer Rights Act also covers goods bought second hand, as well as goods bought at a discount price in a sale. All data will be treated confidentially. For more information, view our Buying from an Australian business online page. However the requirement that goods be of satisfactory quality does not apply to a particular defect where: That particular defect has been pointed out to you before you agreed to buy the goods; or However, you cannot claim a refund for problems that: the store or seller told you about. If you can’t reach an agreement between yourselves you’ll have to try alternative dispute resolution or the small claims court. 32087 Act No. This should be made clear when you make your purchase. The most common problems with buying vehicles privately include: ‘buying a lemon’, ie a faulty car; being misled about a vehicle’s make, price, quality or performance; the seller still owing money to a finance company, in which case your vehicle may be repossessed. Buying a second-hand caravan should be a pleasant experience when you have a clear idea of what you want and have all the facts and figures at your fingertips. See below. Second-hand goods safety. You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner. This means that the seller must ensure that no one will try to repossess or take back the item (for example, if it was stolen or sold without the owner’s consent); and that there is no money owning on the item. In regards to second-hand items Consumer Affairs Victoria says: When buying from a store or seller (including a business online), you have the same legal refund rights with second-hand items as you would with a new item. a right to a refund within 14 days of returning an item. You'll also be covered by the Consumer Rights Act, which states that goods must be as described,  fit for purpose and of a satisfactory quality. If consumers used an instant cash transfer system (such as Western Union or MoneyGram) or deposited money directly into the seller's bank account, it can be very difficult to track the money once the seller has collected it. If the problem is minor, the second-hand dealer may choose to repair or replace the item or refund your money. By continuing to browse you consent to our use of cookies. If the retailer has offered to collect the goods, it should refund you 14 days from the date you informed it you wanted to cancel the contract. For example, buying a good pair of Hi-Fi speakers, and amplifier and a CD player is much much cheaper [than buying new].’ These rights include: a right to clear information on how the goods can be paid for, the delivery charges and who pays for returns. For major defects, it's entirely up to you … It must also be as described to you, … When buying from a store or seller (including a business online), consumers have the same legal refund rights with second-hand items as they would with a new item. If you buy a second-hand item from a business, you can take it back and ask for a repair, replacement or refund if it is faulty or if it does not work as it should. Consumer Protection from Unfair Trading Regulations 2008, Denied Boarding EU Regulation (Regulation 261/2004 EC), Letter to claim flight delay compensation, Letter to ask for a faulty item to be repaired or replaced, Letter to get a refund if your item is faulty. Did you buy it from a retailer or trader? How to contact us or another organisation to understand your rights and responsibilities, report an issue, make a media enquiry or give feedback. If you buy second-hand goods from a retailer, you're also covered by the Consumer Rights Act. If it is, the seller will be in breach of contract. If it subsequently breaks down it’s considered part of the risk of buying second hand. 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