Bought something online that didn’t quite live up to your expectation?
Have you bought goods from an online auction platform such as Graysonline, Gumtree or eBay which turned out to be defective on delivery? You may be entitled to a full refund.
Despite some online auction platforms claiming that an ‘as is’ sale is exempt from statutory warranties, you are likely to still be protected under various provisions of the Australian Consumer Law. For example, some of the standard statutory protections which an auction house is usually exempt from include:
- that goods must be fit for their intended purpose
- of merchantable quality; and
- must match their description.
However, other protections such as a consumer’s protection from misleading and deceptive conduct will still apply.
Traditionally auction houses are protected from liability under certain statutory warranties that apply to other transactions of goods to consumers. However, those exemptions do not apply if you have bought something at a fixed or ‘buy it now’ price.
We have previously successfully negotiated full refunds for a number of clients who have bought cars from Graysonline which did not match what was advertised and, on inspection, were found to be defective.
If you think you have been misled or deceived into purchasing defective goods from an online auction house, get in contact with our experienced commercial lawyers at Taurus Legal Management on (03) 9481 2000 by email at firstname.lastname@example.org.