Your rights under Australian Consumer Law
ScentSell operates in full compliance with the Australian Consumer Law (ACL), which is part of Schedule 2 of the Competition and Consumer Act 2010. This page summarises your key rights as a buyer on ScentSell.
Automatic consumer guarantees
Under the ACL, goods sold must:
- Be of acceptable quality — safe, lasting, with no defects, and acceptable in appearance
- Match their description — if a listing says 90% full and it arrives at 50%, that is a breach
- Be fit for purpose — a fragrance described as a full bottle should be a full, usable bottle
These guarantees apply automatically regardless of any other terms.
Your right to a remedy
If a good doesn't meet a consumer guarantee, you have the right to a remedy. For major problems, you can choose between:
- A refund
- A replacement (if available)
- Compensation for the drop in value
A major problem is one where the item is significantly different from its description, is not functional, or has a serious defect you weren't told about.
For minor problems, the seller may have the right to repair or replace rather than refund. ScentSell's dispute process accommodates both major and minor issue resolutions.
Second-hand goods
Second-hand goods sold between private individuals are still covered by the ACL — however, the standard of "acceptable quality" accounts for the age and condition. A seller disclosing that a bottle has no box is not in breach; a seller claiming a bottle is "like new" when it has visible damage is in breach.
Misrepresentation
If a seller makes a false or misleading claim about an item — deliberately or otherwise — this is a breach of the ACL's misleading conduct provisions. ScentSell takes misrepresentation seriously; use the dispute process if you believe a listing was misleading.
Where to get help
If ScentSell's dispute process does not resolve your issue, you have the right to escalate to:
- ACCC (Australian Competition and Consumer Commission): accc.gov.au
- Your state consumer affairs agency (e.g. Consumer Affairs Victoria, NSW Fair Trading)
- Small claims tribunal for disputes under $10,000 in most states
ScentSell cannot provide legal advice. This page is a general summary only. For advice specific to your situation, contact the ACCC or a legal professional.