Vic Consumer Affairs and WA Dept of Mines, Industry Regulation and Safety each have a page about ACL in regards to products missing or damaged in transit.
NSW don’t make this clear but each State can have differing consumer protections but all are bound by ACL as each State gave the Federal Govt their approval to create the Competition and Consumer Act.
Maurice & Blackburn Lawyers had a blog post about this issue as well see:
Also if paid for by PayPal (which I did) you get further protections see the relevant sections for the definition and approach taken for “Significantly not as described”
S5.1 The PayPal Seller Protection Policy will not apply to a transaction if:
k. The buyer claims the item is significantly not as described;
S11.1 An item may be considered “Significantly not as described” if:
b. The condition of the item is significantly different to how it was described;
S9.1 The PayPal Buyer Protection Policy applies to payments made using our Services.
S9.2 If you are an eligible buyer, the PayPal Buyer Protection Policy can help you recover payments made in respect of certain items purchased where items are:
a. Not received; or
b. Significantly not as described.
S11.1 An item may be considered “significantly not as described” if:
a. The item is completely different to that represented by the seller at the point of sale;
b. The condition of the item is significantly different to how it was described;
c. The item is unusable and was not disclosed as such. (Note, this applies to the item in its received state.);
d. The item is not authentic and was not disclosed as such; or
e. The item is missing a major portion or quantity.
