Air purifiers, filters, & dehumidifiers

Home & Living
63

I think if they have relied on a claim and that claim hasn’t been met they may still have a case under ACL for a refund as the ACL states a refund is possible if “it doesn’t do what you asked for and can’t easily be fixed within a reasonable time”. Reliance by the purchaser that they would “Breathe easy and sleep well” while puffery (and I am against this type of puffery) still is a claim made by the manufacturer and should to some extent be able to be relied upon for ACL purposes. This of course should be stated as a reason why a refund is being sought to firstly the retailer as they should be the first point of contact if possible.

If paid for by Credit Card they may also be able to seek a chargeback, if paid by PAYPAL™ they may also be able to claim using “Buyer Protection” if they are able to satisfy those terms particularly relating to “materially different”.

Please note that PAYPAL’s™ terms are not the same as ACL’s:

(from https://www.paypal.com/au/webapps/mpp/ua/useragreement-full#Schedule_1_PayPal_Seller_and_Buyer_Protection_Policies)

"Significantly Not as Described claims

An item will be considered Significantly Not as Described if:

  • The item is materially different from the seller’s description of it.
  • You received a completely different item.
  • The condition of the item was misrepresented. For example, the item was described as “new” but the item was used.
  • The item was advertised as authentic but is not authentic (i.e. counterfeit).
  • The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it.
  • You purchased a certain number of items but didn’t receive them all.
  • The item was damaged during shipment.
  • The item is unusable in its received state and was not disclosed as such.

An item will not be considered Significantly Not as Described if:

  • The defect in the item was correctly described by the seller in its description of the item.
  • The item was properly described but you didn’t want it after you received it.
  • The item was properly described but did not meet your expectations.
  • The item has minor scratches and was described as “used."
  • It was listed as used condition and you picked it up in person."
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