GuaranteesOnRecord

All subjects

Overseas purchases

24 established claims - 9 refused by the grounding gate

Documented position18

What the body that runs or defines the thing says in its own documentation.

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The ACCC states that sellers of parallel imports have all the usual responsibilities.

other
1 quote from 1 source
Sellers of parallel imports have all the usual responsibilities, including:
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The ACCC defines a parallel import, in the context of overseas purchases, as a business selling a product brought into Australia without the specific permission of the product's manufacturer to sell it in Australia.

other
1 quote from 1 source
A parallel import is when a business sells a product that has been brought into Australia, but the business doesn’t have the specific permission of the product’s manufacturer to sell the product in Australia.
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The ACCC states that parallel imports are sometimes called grey imports or direct imports.

other
1 quote from 1 source
Parallel imports are sometimes called grey imports or direct imports.
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The ACCC states that a consumer who buys a parallel import has all their usual rights.

other
1 quote from 1 source
When a consumer buys a parallel import, they have all their usual rights. The seller must offer a repair, replacement or refund if these rights are not met.
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For overseas purchases, the ACCC states that the seller of a parallel import cannot…

  • refuse to help the consumer.
  • tell the consumer to contact the manufacturer or any local authorised sellers of the product.
other
1 quote from 1 source
They can’t refuse to help the consumer or tell them to contact the manufacturer or any local authorised sellers of the product.
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Consumer Affairs Victoria states that the Australian Consumer Law applies to anyone conducting business within Australia, including overseas businesses.

other
1 quote from 1 source
The Australian Consumer Law applies to anyone conducting business within Australia - this includes overseas businesses.
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Consumer Affairs Victoria states that where a business is overseas a buyer may experience practical difficulties in obtaining a refund, repair or replacement for their product.

other
1 quote from 1 source
be aware that if a business is overseas, you may experience practical difficulties in obtaining a refund, repair or replacement for your product.
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Consumer Affairs Victoria states that a…

  • buyer who paid an overseas seller by credit card can contact their bank or credit card provider to organise a chargeback.
  • chargeback effectively reverses the credit card charge.
other
1 quote from 1 source
Contact your bank or credit card provider to organise a chargeback (this effectively reverses the credit card charge, and is similar to a refund).
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Consumer Affairs Victoria states that a buyer who paid via PayPal can file a dispute through PayPal's Resolution Centre within 180 days of paying for the item.

other
1 quote from 1 source
You can file a dispute through PayPal's Resolution Centre within 180 days of paying for the item.
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Consumer Affairs Victoria states that where a buyer used an instant cash transfer system or deposited money directly into an overseas seller's bank account, it can be very difficult to track the money once the seller has collected it.

other
1 quote from 1 source
If you used an instant cash transfer system (such as Western Union or MoneyGram) or if you deposited your money directly into the seller's bank account, it can be very difficult to track your money once the seller has collected it.
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Consumer Affairs Victoria states that…

  • selling parallel imports is an accepted method of sale in the Australian market.
  • it may be more difficult to get a remedy if something goes wrong with a parallel import.
other
1 quote from 1 source
Selling parallel imports is an accepted method of sale in the Australian market; however, while consumers have the same consumer rights as with purchasing other products in Australia, it may be more difficult to get a remedy if something goes wrong with a parallel import.
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Consumer Affairs Victoria states that a business selling or supplying parallel imports must ensure it does not mislead consumers about their refund, repair, return, or warranty rights.

other
1 quote from 1 source
ensure it does not mislead consumers about their refund, repair, return, or warranty rights
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Consumer Affairs Victoria states that a business selling or supplying parallel imports must make sure the products comply with Australian product safety and labelling requirements.

other
1 quote from 1 source
make sure the products comply with Australian product safety and labelling requirements

Practical effect1

What is observed to happen in practice, as distinct from what is documented.

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Purchases from overseas-based sellers may involve practical and legal difficulties in enforcing a consumer's rights against those sellers, according to the ACCC.

other
1 quote from 1 source
if the seller is based overseas, there may be practical and legal difficulties in enforcing their rights against an overseas business.

Repeated, with no primary source in reach5

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

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Sprintlaw states that a common misconception is that overseas purchases can be sold as-is with limited obligations.

other
1 quote from 1 source
A common misconception is that parallel imported products can be sold “as-is” with limited obligations.
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Sprintlaw states that if something goes wrong with a parallel import, a business's customers will typically come to the business rather than the overseas supplier or the brand owner.

other
2 quotes from 1 source
That means if something goes wrong, your customers will typically come to
not the overseas supplier, and not the brand owner.
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LegalVision states that if there is a local manufacturer of the same product they will not be responsible for fixing a parallel-imported product or offering any product support.

other
1 quote from 1 source
If there is a local manufacturer of the same product, they will not be responsible for fixing your product or offering you any product support.
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  • LegalVision states that an Australian consumer will probably have difficulty enforcing consumer guarantee rights against a seller located overseas.
  • LegalVision states that the seller located overseas may be outside the Australian courts' jurisdiction.
other
1 quote from 1 source
Despite the availability of the ACL consumer guarantees, an Australian consumer will probably have difficulty enforcing these rights against a seller located overseas. This is because the seller may be outside the Australian courts’ jurisdiction.

Refused9

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

The ACCC states that for overseas purchases, the seller of a parallel import must offer a repair, replacement or refund if the consumer's usual rights are not met.

Refused: The quote specifically addresses buying parallel imports, not overseas purchases generally.

Unsupported: overseas purchases

What it rested on
When a consumer buys a parallel import, they have all their usual rights. The seller must offer a repair, replacement or refund if these rights are not met.

The ACCC states that manufacturers and their local authorised sellers do not have to honour warranties for overseas purchases if the terms of the warranty exclude overseas purchases.

Refused: The quote only addresses parallel imports, not all overseas purchases.

Unsupported: overseas purchases

What it rested on
Manufacturers and their local authorised sellers do not have to honour warranties or provide support or spare parts under warranties for parallel imports, if the terms of the warranty exclude them.

The ACCC states that manufacturers and their local authorised sellers do not have to provide support or spare parts under warranties for overseas purchases if the terms of the warranty exclude overseas purchases.

Refused: The quoted ACCC statement specifically refers to 'parallel imports', not 'overseas purchases' in general.

Unsupported: overseas purchases

What it rested on
Manufacturers and their local authorised sellers do not have to honour warranties or provide support or spare parts under warranties for parallel imports, if the terms of the warranty exclude them.

Sprintlaw states that an overseas purchase is a genuine product.

Refused: The quote only states a parallel import is a genuine product, not that an overseas purchase generally is.

Unsupported: overseas purchase

What it rested on
A parallel import is a genuine product that is imported into Australia and sold here

Sprintlaw states that an overseas purchase is imported into Australia.

Refused: The quote states a parallel import is imported into Australia, not that an overseas purchase is imported.

Unsupported: overseas purchase

What it rested on
A parallel import is a genuine product that is imported into Australia and sold here

Sprintlaw states that an overseas purchase is sold in Australia outside the authorised distribution network.

Refused: The quote defines a parallel import as imported and sold in Australia but does not state it is sold outside the authorised distribution network.

Unsupported: outside the authorised distribution network

What it rested on
A parallel import is a genuine product that is imported into Australia and sold here

LegalVision states that your rights as a consumer when making overseas purchases remain the same as when buying any other product.

Refused: The quote is specifically about buying a parallel import, not overseas purchases generally.

Unsupported: overseas purchases

What it rested on
When you buy a parallel import, your rights as a consumer remain the same as if you were buying any other product.

LegalVision states that many consumers who make overseas purchases believe they are still entitled to the warranties promised by the product.

Refused: The quote says consumers who purchase parallel imports, not consumers who make overseas purchases generally.

Unsupported: make overseas purchases

What it rested on
Many consumers who purchase parallel imports believe that they are still entitled to the warranties and customer support services promised by the product.

LegalVision states that many consumers who make overseas purchases believe they are still entitled to the customer support services promised by the product.

Refused: The quote specifies consumers who purchase parallel imports, not all consumers who make overseas purchases.

Unsupported: make overseas purchases

What it rested on
Many consumers who purchase parallel imports believe that they are still entitled to the warranties and customer support services promised by the product.