Am I Another DickSmith Victim?

Lxiangdao on 03/02/2015 - 11:20

Hi everyone,

Here is my story (unpleasant one).

I bought a Jawbone Up wristband (black, large size) in 2014 and it became faulty after 6 months. I contacted DickSmith and they pointed me to an Australian manufacturer. The manufacturer required me to send the faulty item for assessment (on my own cost). The item was proved to be faulty and they send me back a newer model, Up 24. I was happy about the free upgrade until i realized that the new model doesn't sync with my iPhone4 as it requires iPhone4S as minimum.

Now I'm stuck because:

  • I couldn't use the wristband, unless i get a new phone (would it makes sense to force you upgrade your phone because of a wristband?)
  • the manufacturer cannot provide the old model in the same size and color, as it's out of stock and the product has been discontinued (they did offer me a large one in RED, but it would be too girly for a man!)
  • DickSmith doesn't have it in stock and they refuse to give me refund, as they claim the one I got is not faulty, they don't care if the customer can use it or not!

Anyone has similar experience with DickSmith? How is your story end with?

Electrical & Electronics

Related Stores

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Comments

    • Love a bargain on 03/02/2015 - 12:25
      +4

      It WAS Dick Smith's problem to start off with because the retailer is responsible for handling any returns during the warranty period & it comes with 1 year warranty (not 30-day - which kind of electronic device comes with 30-day warranty anyway?)
      http://www.dicksmith.com.au/home-security/jawbone-up-wristba…

      • AlanHB on 03/02/2015 - 13:16
        -2

        As I stated in my post, Dick Smith should have handled the postage to the manufacturer.

        If they did this, you'd still be in this position with a newer model that's incompatible with your 4S. As your gripe is with the incompatibility of the model with your IPhone rather than the shipping fees I don't see what this has to do with Dick Smith.

        • Love a bargain on 03/02/2015 - 13:31

          Because OP can demand a refund from DSE since it can't provide a suitable replacement. The manufacturer has never received any money directly from OP and, hence, would most unlikely give a refund. OP's contract is with the retailer.

        • AlanHB on 03/02/2015 - 14:19
          +1

          Understand that DSE has been told one thing "OP has been given a replacement". They are acting on that information. If you were DSE, and that was the only information you have, why would you give OP a refund?

          Let's get the story straight. OP didn't initially seek a refund. He sought to exercise his rights under the manufacturer's warranty, specifically the right to a replacement or a suitable model. The manufacturer then offered what they thought was a suitable model, and OP accepted it.

          Now it turns out that the model was not in fact suitable. This is the manufacturer's failure to honour one of the terms of the manufacturer's warranty. Although they have since identified a suitable replacement, the OP deemed it "too girly" for his needs.

          If OP is hell bent on getting a refund from DSE, he should talk to the manufacturer, and ask them to provide the necessary information to DSE that they need to provide a refund.

        • Love a bargain on 03/02/2015 - 14:49

          @AlanHB:

          OP didn't initially seek a refund. He sought to exercise his rights under the manufacturer's warranty, specifically the right to a replacement or a suitable model.

          OP did not want a refund, he only want something that works. What's wrong with that?

          The manufacturer then offered what they thought was a suitable model, and OP accepted it.

          Now it turns out that the model was not in fact suitable. This is the manufacturer's failure to honour one of the terms of the manufacturer's warranty. Although they have since identified a suitable replacement, the OP deemed it "too girly" for his needs.

          Since OP has to wear the device, surely, colour matters. I wouldn't be happy if I bought something (eg a t-shirt or maybe a picture frame) in one colour and am subsequently forced to take a replacement in a totally different colour that I hate (or doesn't match with where it's gonna go, etc). [It's a different story if I'd agreed to the colour change.]

          It wasn't clear from the post whether OP was given much time to consider the spec of the upgraded device or was it just a 30 sec phone call "hey, we don't stock this model anymore. we can give you an unpgrade instead, is that ok?" (which is very likely the case)

          Understand that DSE has been told one thing "OP has been given a replacement". They are acting on that information. If you were DSE, and that was the only information you have, why would you give OP a refund?

          How do you know OP hasn't explained the story and why it isn't suitable for the purpose to DSE?

        • AlanHB on 03/02/2015 - 16:13

          I'm not criticising OP's decision to not want the offered replacements, or not initially seek a refund, I'm simply stating that the issue is that the manufacturer's warranty is not being fulfilled.

          I assume OP has told his side of the story to DSE because OP stated:

          • DickSmith doesn't have it in stock and they refuse to give me refund, as they claim the one I got is not faulty, they don't care if the customer can use it or not!

          DSE will not care until the manufacturer advises them that they will re-emburse them for the replacement stock. This is DSE's only way to not suffer a loss from this transaction, so it's important to them to have that reassurance before proceeding with the refund.

    • terrys on 03/02/2015 - 12:46
      +1

      6 months later the unit breaks. Now it's on the manufacturer

      No. It's not. It never was. Hopefully, it never can be.

      To put it in simple terms, Rock beats scissors, Paper beats rock, thermonuclear device beats paper, Legislation and regulation beats business "in store policy" bit of paper.

      • AlanHB on 03/02/2015 - 14:22

        Sorry I should have said "now it's on the manufacturer's warranty".

  • Love a bargain on 03/02/2015 - 12:32
    +4

    I'm afraid you might have muddled the water re responsibility a bit by accepting the replacement from the manufacturer (rather than just dealing with DSE). Were you given an oppotunity to look up the specs of the newer model (and could have refused the offer) before you accepted the replacement? If so, you might have to write it off and just give it to someone as a gift/ sell it/ keep it till you upgrade your phone, etc. Otherwise, you might be able to argue that what you've got doesn't have the same functionalities as what you bought.

  • indium on 03/02/2015 - 12:36
    +16

    The UP24 costs more so just sell it, buy the older cheaper model somewhere else and maybe profit a little.

    • [Deactivated] on 03/02/2015 - 12:58
      +4

      This is what I'd do. Sell the upgrade if it's possible to buy the older model elsewhere.

      • stemcell on 03/02/2015 - 13:19

        Ahh common sense prevails :)

  • cypher67 on 03/02/2015 - 13:14
    -1

    The general rule of thumb is they will fix it, if they cant fix it they replace it, if they cant replace it they will provide a suitable replacement, if there is no suitable replacement you get your money back. Doesnt sound like they offered you a suitable replacement so I would be requesting your money back.

    • Settero on 03/02/2015 - 14:45
      +1

      see your thinking is wrong here. your thinking that a shop ( not just dick smith) has to provide you with a identical product, they don't , they can offer you similar products that do not have all the features of the original and if you accept, that's your choice and you live with the differences, you have every right to say no this does not fit my needs , but once you accept… thats on you.

  • WatchNerd on 03/02/2015 - 13:35
    -1

    To answer your question, yes you are another Dick Smith victim.

    • daerka on 03/02/2015 - 20:15

      Didn't deserve the negs, so I made it a little better. lol

      In all seriousness, I'd be equally pissed off if I was the OP, but seeing there was an acceptance of a replacement, it's now just tough luck. Probably not worth the effort.

      Then again, I should heed my own advice. I've spent countless hours already just to try and get $30 back from Dick Smith for a wrong order. It's just painful to deal with them.

  • terrys on 03/02/2015 - 13:47
    -1

    You bought a device from Dick Smith for a purpose. You had a warranty issue. Dick Smith pointed you to the manufacturer. The replacement was not fit for the purpose you bout the original device for. Dick Smith relieved themselves of the obligation to pay the postage for the return - but I doubt it would stand that , as you followed their method of seeking redress, they have discharged their responsibility to proved you with a product that is fit for purpose or a refund.

    IANAL.

  • [Deactivated] on 03/02/2015 - 14:51

    OP - has the older model, the one you originally had, been discontinued like the manufacturer said?

    Do Dick Smith still stock it in any of their stores?

  • AMLagonda on 03/02/2015 - 15:06
    +9

    Victim is such a harsh word for a first word problem….

    • [Deactivated] on 03/02/2015 - 15:14
      +7

      after getting a free upgrade, too.. o_O

      • ThirdRonnie on 04/02/2015 - 10:55

        An upgrade to useless. Hardly an upgrade. Dick Smith should have handled the warranty issue.

        • [Deactivated] on 04/02/2015 - 11:04

          How? They don't have the old model in stock. Neither does the manufacturer. It's been discontinued. They offered the one older model they DID have and the OP doesn't want it because of the colour, FFS.

          If the OP wants a refund from Dick Smith, it's going to be less money than what he currently has in the value of the upgraded UP24 if he sells it.

          Why doesn't he just sell the UP24? That's most likely going to be equal to or more money than he'd get from a Dick Smith refund.

          What is so complicated about this situation, exactly?

        • [Deactivated] on 04/02/2015 - 11:06

          @waterlogged turnip: I should note that I'm not defending DS. We all know they're arses and a waste of energy to deal with. Question is, do you waste more of your time sitting around complaining, or do you accept that nothing will eventuate from whinging about DS, and move on by dealing with what you're now left with?

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