If I as a retailer do on-line sales, whereby a customer selects…

Hi, just reading your query...

What you are referring to is known as "uncollected goods":

http://www.fairtrading.nsw.gov.au/ftw/Consumers/Buying_goods/Uncollected_goods.page

Where goods are left for repair or other treatment in the course of a business, problems often arise when the goods are not paid for, or the customer pays but does not collect them. Where goods have not been collected for a period to time, a trader may follow the procedures set down by the Uncollected Goods Act 1995 to dispose of the goods and to cover any costs involved in repairing and/or storing the goods.

UNCOLLECTED GOODS ACT 1995 - SECT 5

When goods uncollected for purposes of Act

5 When goods uncollected for purposes of Act

Bailed goods are uncollected for the purposes of this Act if:

(a) the goods are ready for delivery to the bailor in accordance with the terms of the bailment, but the bailor has failed to take delivery of the goods or, if those terms so provide, to give directions as to their delivery, or

(b) the bailee is required to give notice to the bailor before the goods are so ready for delivery, but is unable to trace or communicate with the bailor, or

(c) the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.

How a trader can dispose of uncollected goods depends on their value.

I assume most of your sales will be for goods valued at less than $100, for goods valued over $100 refer to the above website link for details...

Any notice regarding uncollected goods must include:

• the traders name


• a description of the goods


• an address where the goods can be collected


• a statement of any relevant charges (eg freight and storage costs) and if the trader is planning to take money out of the sale to cover those charges


• 
  
  a statement that on or after a specified date, the goods will be sold or kept by the trader unless they are first collected and the relevant charges are paid.
  
  

These charges should be agreed to by the trader and the customer in the warranty or repair agreement, but should not include any profit. In other words, the charges should only reflect the actual cost to the trader for storing, maintaining or insuring the goods.

Any money made above those costs should go to the Chief Commissioner of State Revenue. For more details, contact the Office of State Revenue on (02) 9689 6200 or 1300 366 016 (outside Sydney metropolitan area).

There is no breach of ACL - Australian Consumer Law as there is nothing wrong with the goods that have been sold... it is just that the purchaser has not collected them...

Kind regards, James

How a trader can dispose of uncollected goods depends on their value.

As you have sold the goods, you are entitled to keep the money from the sale. However, if you give notice and keep the goods for 3 months... and dispose by public auction or by private sale for a fair value (you are entitled to deduct your storage costs, sale costs, etc. but the excess money (if any) is to go the the Chief Commissioner of State Revenue.

It would be prudent to obtain the person's email address when the make the purchase... and if they forget to collect on departure, send them an email to provide them with the option to collect when they return to the Country (if that is at all possible)... the other duty free providers allow pick up on departure or arrival... cheers, James.