Legal Question in Consumer Law in Australia

Non-refund of internet purchase

My partner and I purchased a book through a well know reputable America Internet Shop (Company A). We have used this company before with no problem. In this case after the money, AUS $200 had been deducted my visa card we were notified that there were no more copies of this book and the money would be refunded. The money was never refunded. When we approached Company A they informed us that the order had gone through another company (Company B): a fact we were unaware of at the time of order. We approached Company B they told us the refund had been processed and to contact Company A. Both companies have sent us back and forth to each other and the money has not been refunded. This has gone on over the last 4-5 months. How do they stand in the eyes of the law and is there any legal action which can be take?


Asked on 4/21/03, 8:38 am

1 Answer from Attorneys
Tim Wishart McMahons National lawyers

Re: Non-refund of internet purchase

My suggestion is that you take it up with your bank and have the transaction reversed.

In legal terms your contract was with A. There has been a total failure of consideration and you are entitled to the refund plus any consequential damage (expenses).

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Answered on 4/22/03, 11:41 pm


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