Replacement for defective shoe?

xtine on 11/08/2014 - 15:01

Hi all,

So i purchased a pair of shoes at the end of last year for $260. However, just over 6 months the shoes snapped. I brought them back to the store as i have 1 year warranty, and after 2 weeks of investigation they deemed the shoe defective. As a result, the manager told me i have a store credit for the $260. I then asked if i could just get same pair instead of a store credit. She said i can however, the shoe price has increased and i would have to pay the difference ($65 ontop to get the same pair of shoe). I had a look at the ACCC website and they stated "When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund".

So the question is Can i get a replacement although the price has increased? I feel like i shouldn't be punished because the product they sold me was defective.

Ps. She said refund was ok (Once i asked).

General Discussion

Comments

  • Duff5000 on 11/08/2014 - 15:28

    I believe the rule is to make it so they cant force you to have a replacement or repair when you want a refund.

    Personally i wouldn't want a new version of a show that would do that as it probably will happen again. If you really want that shoe you cant find anywhere else without the australia tax?

    • xtine on 11/08/2014 - 16:07

      The prices have increased overseas aswell so i guess it works out the same as the price in Australia before the increase. The only reason why i prefer buying it from Australia is because buying from another American store does not provide warranty.

      I am quiet disappointed the shoe snapped. It was so cute tho :(

      If i do get the shoe again, does the warranty begin again for another year? Or do i only have whats remainder?

    • SirFlibbled on 11/08/2014 - 16:24

      No the rule is where there is a major failure(ie if the fault was known to the consumer at the time of the purchase they wouldn't have bought it) then they have the choice of refund, repair or replacement.

      If it's a minor failure then the store has the choice.

      • xtine on 11/08/2014 - 16:54

        It states that "If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund." The shoe snapped.. (it is jelly flats) so i safely assumed that it cannot be repaired.

        I believe it falls under the 4th dot point of a major failure. "it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed." Unless you believe it doesnt?

        • SirFlibbled on 11/08/2014 - 20:18

          What says? You're not quoting from the Act.

          Basically if you have a MAJOR failure, then YOU have the choice of refund, repair or replacement. Pick one from the list here - http://www.comlaw.gov.au/Details/C2014C00486/Html/Volume_3#_…

          I'd go with either:

          "the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure;" or

          "the goods are substantially unfit for a purpose for which goods of the same kind are commonly supplied and they cannot, easily and within a reasonable time, be remedied to make them fit for such a purpose; "

        • xtine on 11/08/2014 - 23:19

          @SirFlibbled: I was referring to the ACCC website. I'll have a look at the act. Thanks

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