As a seller on MyDeal, you are required to comply with the Australian Consumer Law (ACL) and ensure that the products you sell meet certain consumer guarantees.
The consumer guarantees are a set of rights in the ACL that MyDeal customers automatically have when they purchase a product, and they apply regardless of whether the seller or manufacturer provides a separate warranty, or is based in Australia or another country. They also apply to refurbished products.
As a seller on MyDeal, you are responsible for ensuring that products you sell meet the consumer guarantees, and that you provide customers appropriate remedies required by the ACL if the products do not meet them.
The guarantees that apply to products include:
- The guarantee of acceptable quality, fit and finish: The products must be of acceptable quality, which means they must be safe, durable, free from defects, have an acceptable appearance and finish, and perform as expected.
- The guarantee of fitness for a particular purpose: The products must be fit for their ordinary purpose, or a particular purpose that the seller represents to the customer, such as through the details of a product listing or answer to a customer query.
- The guarantee of match with description: The products must match the description provided by the seller product listing or packaging, so it is important product listings contain accurate descriptions and images of the products.
- The guarantee in relation to repairs and spare parts: Sellers must have spare parts and repair facilities available to consumers to fix problems that may arise with their products.
There are also other guarantees, such as the guarantee to full title and ownership, and guarantee that products will be free from any hidden debts and charges.
Sellers can find detailed guidance on all of the Consumer Guarantees on the ACCC website here. If sellers are still unsure, they should seek independent advice.
Customer rights when a seller product fails to meet a consumer guarantee
If a product you sell fails to meet one or more of the above guarantees, the customer has the right to a repair, replacement, or refund, depending on the circumstances.
If there is a major failure with a product, a consumer has the right to choose whether they would like a repair, replacement or refund. If the customer does not reject the products and elects to keep it, they have a right to a partial refund for the reduction in value of the products caused by the failure.
A major failure is a failure to meet a consumer guarantee where one or more of the following applies:
- a reasonable consumer would not have bought the products if they had known about the problem;
- the products differ significantly from their description;
- the products are substantially unfit for their usual purpose and cannot be easily fixed within a reasonable time; or
- the products are unsafe.
If the failure to meet a guarantee is not a major failure, but nevertheless does not comply with the consumer guarantees, the seller can choose to offer a repair, replacement or refund.
There is no specific time period when the consumer guarantees end. The length of the consumer guarantee period depends on the product and a variety of other factors you can find more information about here.
Manufacturer or Seller Warranties
In addition to the consumer guarantees many goods also come with separate manufacturer or seller warranties. It is important to understand that the consumer guarantees apply regardless of whether the product has a separate warranty provided by a manufacturer or seller.
This means that even if a manufacturer's warranty has expired, the customer may still be entitled to a repair, replacement, or refund if the goods fail to meet one or more of the consumer guarantees.
Sellers will need to assess their consumer guarantee obligations against any warranty that accompanies the product to determine whether the guarantees apply and ensure they meet these requirements when dealing with problems.
Seller return policies and dealing with problems
Sellers are able to publish their own returns and refunds policies on MyDeal. However, all seller policies must be consistent with a customer's ACL rights. Sellers who publish or attempt to apply policies inconsistent with these rights in breach of this policy risk suspension or termination of their seller accounts.
Examples of seller return policies that can breach these requirements include policies that:
- impose arbitrary deadlines for exercising a consumer guarantee right, such as limiting refunds or returns to within 2 days of delivery;
- limiting or restricting what remedies can be granted. For example, a policy that provides products can be replaced but does not allow for refunds; or
- prevent customers exercising their consumer guarantee rights in any way.
The ACL provides for situations where the consumer guarantees do not apply, such as where a customer has misused the product, or the product is damaged through no fault of the seller. Sellers can further familiarise themselves with the requirements of consumer guarantees and how they apply by referring to the guide published on the ACCC’s website here.
If a customer’s product is faulty and they contact you, you should be sure to:
- Understand your consumer guarantee obligations for each product you sell and comply with these obligations when a customer reports an issue with a product you have sold on MyDeal.
- Respond promptly to customer queries and concerns in accordance with MyDeal’s seller Service Level Agreement.
- Aim to resolve customer concerns quickly and efficiently in accordance with a customer’s consumer guarantee rights.
If you do not meet these requirements, consumers can escalate their concerns to MyDeal, and our Escalations Team will attempt to resolve issues with sellers and customers. If a seller refuses to resolve the customer’s legitimate concerns consistent with their obligations under this policy, MyDeal may intervene on their behalf to ensure customers receive an appropriate remedy.
Sellers who consistently fail to meet their obligations may have action taken against them including but not limited to suspension or termination of their seller accounts.