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Does Australian Consumer Law apply to eBay?

Does Australian Consumer Law apply to eBay?

Consumer rights for online auctions You can make a complaint and ask for a refund under the Australian Consumer Law if an Australian business selling through online auction, sold you a product that: misled you about features of the product or hid costs or other details from you.

Does the ACL apply to auctions?

An auction in the ACL covers situations where goods are sold through an auction that is conducted by an agent of a person. This definition covers ‘traditional auctions’1 where an auctioneer is in a room taking bids on an item and some online auctions where the website operator is acting as an agent for the seller.

How do I complain about an online auction?

If you can’t resolve an issue in mediation or you suspect fraud, you should file a complaint via the online auction company and notify law enforcement. You can also file a complaint with the Better Business Bureau, National Consumers League, the Federal Trade Commission or the Internet Fraud Complaint Center.

Can you get a refund from an auction?

Some auction sites or marketplaces might refund some of your selling fees in the event of a cancellation. However, be careful not to restrict the buyer’s ability to use the site again. In most cases, you can report a transaction as cancelled by mutual agreement, and you should not leave negative feedback for the buyer.

Are eBay auctions legally binding?

The eBay “legal contract” have no real legal bindings. Imagine if you told Comet you wanted to buy a really expensive TV, and they brought it down etc… where your card was then declined. It would create a lot of nuisance for Comet, but ultimately they can’t force you to pay when you have no money.

How do I file a formal complaint against eBay?

How To File eBay Seller Complaints

  1. Customer Support: 1-866-961-9253.
  2. Technical Support: 1-866-961-9253.

What is Section 56 Australian Consumer Law?

Under Section 56 of the ACL when a person buys goods based on how they’re described – without seeing what they’re buying – the goods need to correspond with that description. Many consumer transactions are by description, that is, the consumer does not actually see the goods being purchased.

Does the Consumer Rights Act apply to auctions?

The law sets out what is required from traders and what your rights are if the trader breaches any of their legal duties. However, if the item being auctioned is second hand, and you can buy the item at the auction in person, these legal rights under the Consumer Rights Act 2015 do not apply.

What are the legal rules of auction sale?

Rules of an Auction Sale

  • 1] Goods Sold in Lots. In an auction sale, there can be many goods up for sale of many kinds.
  • 2] Completion of Sale. The sale is complete when the auctioneer says it is complete.
  • 3] Seller may Reserve Right to Bid.
  • 4] Sale Not Notified.
  • 5] Reserve Price.
  • 6] Pretend Bidding.
  • 7] No Credit.

Can eBay force a buyer to pay?

ebay never did anything to “force” a buyer to pay. ebay sent out reminders to pay, with the threat of a cancel and an unpaid buyer strike. The difference is, sellers had to start an unpaid item case in order to get that process moving.

What happens if you win a bid on eBay and don’t want it?

But what happens if you want to cancel a bid you’ve made? While generally speaking, bids on eBay are binding and you will be required to pay for the item in question if you win it, there are cases in which eBay will allow you to retract a bid you’ve placed.

Does eBay have a complaints department?

Search “contact eBay,” and you will find a telephone number for customer service: 1-866-540-3229. According to some accounts, the wait time for this number is typically three minutes. eBay also offers a telephone number for fraud detection, which is 1-866-643-1607.