GuaranteesOnRecord

All topics

What if I bought it from overseas?

24 quoted answers, each with its source

The short answer

Selling parallel imports is an accepted method of sale in Australia, but a business selling them must comply with Australian product safety and labelling requirements and must not mislead consumers about their refund, repair or return rights. A consumer who buys a parallel import has all their usual rights, and the seller must offer a repair, replacement or refund if those rights are not met; the seller cannot refuse to help or tell the consumer to contact the manufacturer or local authorised sellers. A local manufacturer of the same product is not responsible for fixing a parallel-imported product or offering product support. Where the seller is overseas, the Australian Consumer Law applies to anyone conducting business within Australia, including overseas businesses, but a buyer may face practical and legal difficulties obtaining a refund, repair or replacement or enforcing rights because the seller may be outside Australian courts’ jurisdiction; for payment problems, a credit card user can contact their bank or card provider to organise a chargeback, a PayPal user can file a dispute through PayPal’s Resolution Centre within 180 days of paying, and an eBay user can report an issue to eBay’s Resolution Centre up to 45 days after the sale, while money sent by instant cash transfer or direct deposit can be very difficult to track once collected.

Every part of this comes from the quotes below. How we write these.

What the rules actually say18

Quoted straight from the ACCC, the Australian Consumer Law or a state consumer regulator.

#

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

first-party
1 quote from 1 source
Sellers of parallel imports have all the usual responsibilities, including:
#

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.

first-party
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.
#

The ACCC states that parallel imports are sometimes called grey imports or direct imports.

first-party
1 quote from 1 source
Parallel imports are sometimes called grey imports or direct imports.
#

The ACCC states that a consumer who buys a parallel import has all their usual rights.

first-party
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.
#

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.
first-party
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.
#

Consumer Affairs Victoria states that the Australian Consumer Law applies to anyone conducting business within Australia, including overseas businesses.

first-party
1 quote from 1 source
The Australian Consumer Law applies to anyone conducting business within Australia - this includes overseas businesses.
#

Consumer Affairs Victoria states that an overseas business must comply with the consumer protection laws of its own country.

first-party
1 quote from 1 source
The business must comply with the consumer protection laws of their own country.
#

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.

first-party
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.
#

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.
first-party
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).
#

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.

first-party
1 quote from 1 source
You can file a dispute through PayPal's Resolution Centre within 180 days of paying for the item.
#

Consumer Affairs Victoria states that a buyer can report an issue to eBay's Resolution Centre up to 45 days after the sale.

first-party
1 quote from 1 source
you can report an issue to eBay’s Resolution Centre up to 45 days after the sale
#

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.

first-party
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.
#

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.
first-party
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.
#

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.

first-party
1 quote from 1 source
ensure it does not mislead consumers about their refund, repair, return, or warranty rights
#

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.

first-party
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.

#

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

first-party
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.

Often said, but we could not find it in the rules5

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

#

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.

vendor
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.
#
  • 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.
vendor
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.
#

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.
#

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.