simonm wrote:It is the risk of purchasing from overseas. It may be easier just to fix that yourself or pay someone to do it.
nezumi wrote:Inform them that, as you are a customer in Australia, your purchase is covered under Australian Consumer Law, and under that provision, the seller must meet the cost of postage for faulty goods. https://www.accc.gov.au/consumers/consu ... ace-refund
I'd offer them a middle ground - you pay the return shipping, but if they agree that it's faulty, they have to cover the shipping costs on the return, as well as the replacement.
nezumi wrote:Inform them that, as you are a customer in Australia, your purchase is covered under Australian Consumer Law, and under that provision, the seller must meet the cost of postage for faulty goods. https://www.accc.gov.au/consumers/consu ... ace-refund
wayno wrote:bought from an online american shop, that doesnt come under Aussie law
GPSGuided wrote:Seriously? They are not even within the jurisdiction!
It's this type of sense of entitlement and hassle that closes off O/S online stores to international sales, killing options for the rest of us. Want cheaper deals by buying O/Ss? Then just expect and accept the downside.
Choice wrote:Australia's consumer protection laws provide recourse for online shoppers irrespective of whether the seller is based in Australia or overseas, [It's just that] the enforcement of these laws may be more difficult to pursue when the seller is located overseas.
RonK wrote:Good luck spouting Australian law to overseas merchants.
Unfortunately Campsaver holds all the cards. Your only recourse may be a chargeback if your credit card provider agrees.
I've made it standard practice to read the shipping and returns policy before placing orders on any site.
wayno wrote:its wishful thinking that aussie lawmakers think overseas based companies will follow aussie law, they arent bound at all to aussie law... caviat emptor. buyer beware
wayno wrote:its a small amount of stitching that can be fixed for a few dollars, I would just hand stitch it myself if its all thats in the pictures..
roysta wrote:If the choice is available, you should pay for these items via PayPal. You have quite some time to dispute and PayPal will get involved.
OP here. Thats such a good idea. I will think hard about doing on the next purchase. Size counts. They wont listen to little me. But if they sent me 2 left shoes on my next purchase Paypal would refund ocer the top of theur rules.
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Franco wrote:"While the potential for any legal remedy is minimal, the application of the law isn't in question."
Yes , so what you are suggesting is that the OP spends his money chasing a legal option that is not likely to succeed ?
Somehow I don't think that is good advice.
From one of your links :
However, in a practical sense, even if Australian courts have jurisdiction, actually asserting jurisdiction in any real and practical sense is likely to be difficult, complex and expensive unless the seller is prepared to submit itself to Australian jurisdiction – which in most cases is unlikely (11
From my point of view, litigation over trivial matters ends up costing a lot of time , stress and a substantial transfer of money to some lawyer for little or no result.
Bill P wrote:I had a good experience with a faulty jetboil stove i bought from Campsaver. The referred me to the US distributor, who then referred me to the AU distributor. The AU distributor called me up and offered me a part which resolved my issue. They sent me the part straight away and didnt want the faulty one returned.
nezumi wrote:You both might want to inform the legal community of your expert opinions:
http://www.monash.edu/law/news-and-even ... -purchases
https://www.choice.com.au/electronics-a ... onal-sites
nezumi wrote:There is precedent for an overseas merchant being held to account under Australian Consumer Law:
https://www.accc.gov.au/media-release/v ... tee-rights
http://hallandwilcox.com.au/foreign-ent ... eating-up/
https://www.herbertsmithfreehills.com/l ... s-offshore
Those citations all relate to the case of a software provider, Valve, based in the US. Since Campsaver actively markets to Australians, through ads on Australian based sites and campaigns such as free shipping to Aus on orders over $400, they could be taken as meeting the standards under the law. While the potential for any legal remedy is minimal, the application of the law isn't in question.
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