Consumer Protection has advised Busselton customers to know their rights when its comes to buying brand new goods.
It comes after several consumers took to social media, airing their dissatisfaction after discovering their ‘brand new’ items were in fact used.
No retailers were named in the post, which attracted a slew of comments of people sharing their stories of how they had been deceived.
Scenarios included a FitBit smelling like cologne, a camera having someone’s wedding photos stored on it and TVs that were already logged into Netflix accounts.
The TV purchaser recounted how they returned the item and received another ‘new’ TV as a replacement.
When they got home and set up the TV, they again found it was already logged into a Netflix account.
In WA, there have been just nine complaints in the last 12 months from people complaining that retailers were selling second-hand products as new.
Consumer Protection South West regional coordinator Annetta Bellingeri said under Australian consumer laws, there were certain guarantees that applied every time a consumer purchased goods and services.
”When you buy goods, the seller guarantees they will match their description, and match any sample or demonstration models shown,” she said.
“If consumers know they are buying second-hand or refurbished goods, that is absolutely fine. It’s when goods are represented as brand new, when in fact they have been returned, repaired or refurbished, that it is a misrepresentation of the quality of the goods.”
Ms Bellingeri said if goods didn’t match their description or that of the demonstration model, consumers were entitled to a remedy, whether it be a repair, replacement, or a refund.
She explained retailers could sell returned, repaired and refurbished items as long as the customer was made aware of the products condition.
“If they are selling a refurbished TV and you know it, that is fine. They are free to set their own price, and sell it for the same price – as long as you know,” she said.
“Goods have to be as described. To sell as brand new, it must be new, or the customer can renegotiate the price.
“Retailers have to be clear about it, consumers must be aware about it. You can’t hold out something to be new, when it is not.”
Ms Bellingeri said consumers could lodge complaints if they had an issue with goods being misrepresented.
“However, we always suggest approaching the store for a remedy in the first place,” she said.
For more information on consumer law, visit commerce.wa.gov.au.
