Owed money by retailer, options?

Shaw on 25/07/2014 - 11:26

Hey guys, not sure if this is the right area to post in, but whatever.

So I was over in Aus in November, on my way to Europe, and I purchased an Asus T100 from an online retailer, the device was sent out with a bunch of accessories, all well and good. So the day before I am leaving, the device decides to die, I contact the retailer and inform them of this, also advise that I do not have the original boxes for the accessories, as I had no means or reason to carry these around Europe with me, which was fine over the phone, the retailer accepted this.

So I got their return ticket, sent back all the items bar one, which I didn't realise I had left at a mates place that I had stayed at, and informed the retailer that I would return this on my way back through Aus in January. They accepted this and we agreed on a partial refund.

So, I go back, returned the other item, and have been chasing the retailer up for the remainder of the refund for the past 6 months, apparently because they items were returned without original boxes and are of no value to them. They have stopped returning my emails, and have made a number of broken promises. I have emailed the ACCC (Was there any point in this anyway?), but what other options do I have?

The retailer has all of their items back, in the agreed condition, but they have not provided what is effectively 1/3 of my original purchase price.

Any advice would be great.

Thanks.

Tony.

Financial

Comments

  • RandomNinja on 25/07/2014 - 11:48

    Assuming you have receipts for the purchase as well as some proof that they've received the items (email?), I'd suggest you contact the Dept of Fair Trading

  • battler on 25/07/2014 - 11:55
    +4

    bikies.

  • mskeggs on 25/07/2014 - 13:38

    What retailer?

  • Daabido on 25/07/2014 - 14:12

    Small debt court after sending letter of demand.

  • endotherm on 25/07/2014 - 14:45

    Returns do not require the original packaging.
    http://www.lawanswers.com.au/threads/australian-consumer-law…

    Your consumer rights are summarised here:
    https://www.youtube.com/watch?v=uE8BB-ioNRw

    The Checkout is a must-view for all OzBargainers!

  • Shaw on 26/07/2014 - 13:54

    Cheers guys, looking into a few of the suggestions now.

    Bikies would be great, if anyone here knows some?

    I'm reluctant to name them until it's all sorted out, they are quite a prominent retailer on OZB though.

    • mskeggs on 26/07/2014 - 14:53

      Understand, some small retailers won't care, but a bigger one with reps who come here might magically sort you out once they became aware of your situation.

    • stemcell on 26/07/2014 - 15:05

      Luke: The power of the forum is strong, name and shame.

  • Shaw on 26/07/2014 - 15:33

    I have written them a letter, I will give them a few days to get back to me, and then will go from there.

  • Shaw on 28/07/2014 - 13:00

    So, an offer has been made of a refund -15%, is this legal? I am not happy about it, but if it is, there isn't much I can do.

    • endotherm on 28/07/2014 - 13:43

      The failure of your item is a major defect, and you have the option under Australian Consumer Law to return the item to the retailer or the manufacturer for a replacement or a full refund. Have a read of the law and point it out to them that they are in breach of the ACL with respect to statutory warranties. It has nothing to do with the packaging.
      http://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web…
      http://www.accc.gov.au/consumers/consumer-rights-guarantees
      This has been well under a year (it would probably be under a manufacturers warranty anyway), and the fault developed almost immediately. You also made immediate arrangements to return it which was accepted. There is probably nothing wrong with making an offer of 15% less, but it is your right to insist on a full refund or replacement. It is probably difficult for you to make a claim with the manufacturer at this stage as the goods are with the retailer. They should ultimately chase up the manufacturer to get their money back, but in your case YOU have the right to deal with either the retailer or the manufacturer. Did you watch the video I posted above? https://www.ozbargain.com.au/node/154143#comment-2137782

      • Shaw on 28/07/2014 - 13:54

        Watching it now.

        Are "extras" covered the same laws? They are basically saying that because the "extra" items that were bundled with the defect device are now "not able to be resold" they are going to refund a reduced amount. I don't see how that is my problem…

        I also contacted the manufacturer when it first happened, their resolution was… contact the retailer, as I had a tight time frame to get it resolved within, as I was leaving the country.

        • endotherm on 28/07/2014 - 14:43

          With respect to "extras", I assume you mean stuff like cables, cases etc. That's not your problem. You didn't buy them separately, there was one "package" and it is treated as a single entity.

          The test is, if you had known that the goods were not of reasonable quality (that is, that you knew it would majorly fail in one month's time) would you have bought it? Your answer is of course NO. As that is the case, the ACL gives you the right to "undo" the contract you made to buy those goods, and gives you the option of having them replaced or fully refunded. You don't know the goods are unsuitable unless you unwrap them and use them, that is where the rationale behind "the original packaging is not required" comes from.

          If I were you, I would simply tell them that their reasons and offered remedies are in breach of the Australian Consumer Law regarding statutory warranties. As such, you are exercising your rights under that law to have it exchanged or fully refunded (your choice). No arguments. If they refuse, refer it to the ACCC. They are not a toothless-tiger, and are not as useless as many people believe. They will take a proper complaint (not just a simple email) seriously and pursue it for you. Either ACCC or your local consumer affairs advocate in your state will help.

          With respect to the manufacturers advice, I suspect they were just trying to be helpful considering your imminent departure, and mindful of the time it would take if they were involved. That is not to say you HAD to follow their advice and deal with the retailer. It is YOUR choice who you deal with.

        • Shaw on 28/07/2014 - 15:41

          Thanks for your advice mate, will see what they come back with this time.

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