Retailers required to take back faulty goods under warranty?

TightBum on 16/04/2015 - 16:22
Last edited 16/04/2015 - 16:24

Bought a pretty expensive juicer from David Jones about a year ago. Parts of the product broke and I called them up today and basically told me to contact the company that owns the product instead. I don't have an issue with dealing with the company itself, but it means I have to fork up money to ship the item back to them(In the terms and conditions of the warranty). I always thought retailers were required to take back items that are faulty and be responsible for the repairs but maybe I'm wrong. Someone shed some light on the issue for me?

Have you had a similar experience? What was the outcome?

Note: The item is still well within the warranty period.
and to add on top, replacement parts won't be much use either, the structure of the part just doesn't seem like it will hold up, they broke the first time I used them.

Thanks!

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  • bonezAU on 16/04/2015 - 16:24
    +10

    If the item is still within the warranty period then yes, the store has to process the repair/refund/replacement. You do not need to fork out for postage and do it yourself.

    Instead of calling them I would suggest just rocking up at DJ's with the juicer in hand and tell them it's broken and you need it fixed. If they fob you off, ask for a manager.

    • TightBum on 16/04/2015 - 16:35
      +2

      Are there specific sections of the law I could refer to? Feel a bit silly telling them they need to accept the return without substantial evidence to back up my claim.

      • bonezAU on 16/04/2015 - 16:36
        +9

        https://www.accc.gov.au/consumers/consumer-rights-guarantees…

        Returning the product

        You are responsible for returning the product, unless the cost of doing so is significant. In this case, the business must organise and pay for the return or exchange.

        That business being DJ's, since that who you bought it from. You're only responsible for returning the product to them, it's their responsibility to return it to the manufacturer if required, and they must incur all costs involved in doing so.

        You do not have to return products in the original packaging in order to get a refund.

        • TightBum on 16/04/2015 - 16:41
          +3

          Thanks!

        • mrmarkau67 on 16/04/2015 - 17:35
          +9

          @TightBum:

          Under Australian consumer it is your choice to go back to retailer or manufacturer. Whatever works best for yourself.

        • Jay43 on 17/04/2015 - 08:49
          +1

          How much be considered a significant return cost?

        • ozzybee on 17/04/2015 - 08:57
          +8

          Just to point out that the ACCC is the federal body which administers the ACL. However, the state consumer affairs department is the one which needs to be contacted in the event of a dispute or clarification of the ACL - not the ACCC. See https://www.accc.gov.au/contact-us/other-helpful-agencies/st…

          I acknowledge that in this instance bonezAU is correct to refer to the ACCC in paraphrasing the law - but people need to refer to/contact the appropriate state dept.

          However, BonezAU makes the following incomplete/misleading statement: "If the item is still within the warranty period then yes, the store has to process the repair/refund/replacement."

          When it comes to the law, the warranty is crap. In the eyes of the law, what we all refer to as 'warranty' lasts for a 'reasonable' period of time IN THE VAST MAJORITY OF CIRCUMSTANCES. If your $10,000 TV has a store warranty of 3 years and it develops a fault after 5 - you would likely still be entitled to a refund/replacement/repair by the store. However, if your $300 TV did the same thing, you may not be entitled to refund/replacement. There are various factors which are considered to determine what is 'reasonable' (the cost of the good/service is only one of them). I studied business law and specifically the ACL at uni (although it was the TPA 1974 when I did the unit in 2010).

          Also, the law is clear that you can take it back to EITHER THE RETAILER OR THE MANUFACTURER. Your choice.

          I recommend that everyone take some time to browse the link above and get a good understanding of your consumer rights. Might save you $1000's and a lot of hassle in the future.

        • TightBum on 17/04/2015 - 09:40

          @ozzybee: Thanks! That was really useful

        • SirFlibbled on 17/04/2015 - 13:30
          -2

          @ozzybee: Just being an anal retentive. It's Treasury which administers the ACL but the ACCC which regulates it.

        • Azn310 on 17/04/2015 - 20:07

          @Jay43: whatever Australia Post charges

        • ozzybee on 18/04/2015 - 14:25

          @SirFlibbled: Being just as anally retentive:

          "The ACL is administered and enforced jointly by the ACCC and the State and Territory consumer protection agencies, with the involvement of ASIC on financial services matters." http://www.consumerlaw.gov.au/content/Content.aspx?doc=busin…

          I would just like to point out that with regards to taking back goods to the manufacturer, this can only be done under certain circumstances (as pointed out by the user 'kaos'), which are listed here: https://www.accc.gov.au/consumers/consumer-rights-guarantees…

          However this applies in many cases. If you're confused about where you can return an item, call you local state Consumer Affairs department :)

          My apologies for failing to mention this in my initial post, that was misleading. My mistake.

        • SirFlibbled on 18/04/2015 - 16:37

          @ozzybee: An Authority or Commission cannot administer an Act. They can only REGULATE the Act. This is public policy 101 here. If you want proof, then refer to the Administrative Arrangement Orders.

          http://www.dpmc.gov.au/pmc/parliamentary-information/parliam….

          The regulation and enforcement is done jointly by the S&T and the ACCC which is different from the administration of the Act, albeit the ACL is enacted through powers referred to the Cth by the S&Ts.

        • Jay43 on 22/04/2015 - 17:40

          @Azn310:

          Thanks mate. Cheers.

      • PVA on 22/04/2015 - 18:17

        accc has a great app for your phone. points out things like this clearly.

    • Randxyz123 on 18/04/2015 - 14:30

      This exactly. DJs have been excellent to me with this sort of service and I have in the past walked in with a broken toaster and out with a brand new one no questions asked. I think if you did this during the week so a senior manager is around if necessary you'd be walking out with a brand new juicer.

  • mrmarkau67 on 16/04/2015 - 16:32

    If it broke the first time you used it, maybe you want a refund.

    Expensive juicers are popular amongst online opinionators. What's internet's opinion on the fragility of your model of juicer?

    • TightBum on 16/04/2015 - 16:40

      I actually looked at quite I few reviews before deciding on this one. I was using another feature of the juicer which is making pasta, mostly just the extruding part. Both the string noodle heads broke the first time I tried using it, but since it's only one aspect of the juicer and 2 minor parts of the whole machine, I don't think I'm in the position to ask for a refund especially after a year. Although it would be nice :p.

      • mrmarkau67 on 16/04/2015 - 16:47
        +6

        It makes pasta and juices. It's a carbohydrate processing monstrosity and against the laws of nature!

  • cloudy on 16/04/2015 - 19:09

    dj used to be good for customer service, I guess this is what selling them to off shore investors can do when they want to increase returns on their investment.

    • TightBum on 16/04/2015 - 22:14
      +5

      You would think DJ would take care of an warranty issues considering they have a sign at every counter saying they would help you with returns and exchanges, that was one of the reasons I bought from them knowing it was going to be easier to go to them for the warranty. I went today and the lady reluctantly took it back. So now waiting for them to call back. We'll see how it goes when they call me back. I have mixed feelings.

  • BuyoTheCat on 16/04/2015 - 19:40
    +4

    If you want the retailer to handle your warranty issue, they cannot refuse. You may decide that it is easier/quicker to deal with the manufacturer, but the retailer cannot refuse to handle it if you insist

  • fruit on 16/04/2015 - 20:49
    -2

    I'm sick and tired of posting this link: https://www.accc.gov.au/publications/consumer-guarantees-rep…

    TL;DR bring it back to the retailer

    Now go download the Checkout and watch every episode.

    • robbyjones on 16/04/2015 - 21:25
      +10

      So don't post it if you are fed up. Being rude is uncalled for. The OP asked for people with similar experiences to comment I don't see where they asked for links to be posted for anything.

    • TightBum on 16/04/2015 - 22:16
      +3

      It might seem very black and white to you but I feel like it's bit more of a grey area considering what the terms and conditions say in the warranty booklet, and how much of what they said is legally binding to me, as it conflicts with consumer law. Maybe I won't be entitled to the warranty because I refused to agree with the terms and conditions set out in the warranty offered by the manufacturer, in that case am I still covered by statutory warranty? Will they still need to repair the parts?. I'm just trying to get as much information as possible, I did look around ACCC and ACL Act 2010, it just wasn't super clear to me as I couldn't find direct sections that related to the questions I asked above. Thanks for posting it anyway despite your frustration :)

      • [Deactivated] on 17/04/2015 - 08:24
        +1

        No amount of terms and conditions in a booklet can override the basic consumer guarantees as set out by the ACCC.

        • elpresidente on 17/04/2015 - 11:42
          +1

          Set out by your state government :) The ACCC does not do this.

  • DEvok on 17/04/2015 - 02:31
    -6

    There are basically two types of warranty, Retailers warrenty and manufacturers warranty, Typically stores warranty is only 12 Months from date of purchase as it required a receipt. If outside of the 12months threshold you are to take it up with the manufacturers, said again, faulty product within the store periods warranty they are required to fixed or replaced with the product, depending if it is fixable.

    • terrys on 17/04/2015 - 08:50
      +2

      There are two types of warranty - the statutory warranty, and ones offered as part of a sales pitch which may offer more, but rarely do, and do not and cannot override the first one.
      Whoever fed you that Retailers/manufactures gumph as if it had any basis in legislation was not doing you a favour. If you came up with it yourself, you're not doing anyone here one.

  • ExtraSalt on 17/04/2015 - 08:54
    +1

    Coming from a Retail background, i deal mostly with big item household goods. There are specific items that manufacturers say to collect and exchange. Then its up to the store and manufacturers to deal with credits and stuff. about 90-95% of manufacturers express the need for direct contact with the customer to figure out if they can best use it in a more efficient and effective way, and how or what caused the appliance to fail. We generally accept people coming back with issues (we recommend it), but we can only pass your details onto the manufacturers warranty service. With privacy laws, everything down to the most basic is scrutinised.

  • kaos on 17/04/2015 - 09:33

    I'd like to see some evidence that you can go back to the retailer OR the manufacturer under the law.

    My understanding of the law is that when you buy a product from a retailer THEY assume responsibility for the warranty. IE. your contract is with the retailer. They cannot fob you off to the manufacturer if you choose to deal with the retailer.

    These days many retail shops are not set up to deal with warranty issues and will try anything to get you to go back to the manufacturer. You have a legal statutory warranty with the manufacturer but this is to be used if the retailer has gone bust or there is some other problem. Like I said, your contract is with the retailer.

    Take it back to David Jones and make them deal with it, it's their responsibility.

    Source- I was a retailer for 15 years and had these conversations all the time. Mangling and misunderstanding consumer law was like a hobby to some customers

  • kaos on 17/04/2015 - 14:15
    +1

    yep, pretty much as I said- you are expected to go back to the retailer unless the claim falls under a specific set of circumstances

    • ozzybee on 18/04/2015 - 14:12

      A specific circumstance/s covering many claims. Nevertheless I should have pointed it out. Thanks for bringing to my attention.

  • Ahan on 17/04/2015 - 23:15

    I had on two occasions bought later become faulty items from OO.com.au and Graysoutlet.

    What the retailer did was providing full refund without returning the goods. I then sent the items to the manufacturer for warranty repair. I ended up owning functional items for free.

  • porsche26c on 18/04/2015 - 11:34
    -3

    i would just deal with the manufacturer of the product. cut the middle man out.
    i cant see them giving refunds for a product well into its life cycle. maybe the 1st month otherwise best of luck.

  • Gina Rinehart on 18/04/2015 - 17:40
    +3

    Your warranty cannot overrule Australian Consumer Law. You have the right to a repair, replacement or refund. For a major fault, you are entitled to a refund/exchange/repair regardless of what the retailer says. They cannot tell you to go to the manufacturer.

    Please see my post here when another user was dealing with cash converters. Your case is even more clear than the one I just linked, as you bought it brand new from them, and you'd expect a juicer to last well over 2 years, let alone just one year. That post has a bunch of links you can use to cite relevant consumer law sections and guidelines that David Jones must follow. Take the juicer in and kick up a stink and I guarantee they will either replace it on the spot, or organise a repair. If it is a major fault, you have the right to choose a repair, replacement or refund. It is NOT their decision. Remember that and don't let them boss you around.

  • DEvok on 18/04/2015 - 21:29

    I have been in retail for quite some time now,
    And again this does depend from store to store, Which retailer, And who you are dealing with. Let's say you purchased a laptop and it was faulty due to parts after a couple of weeks from purchase, The retailer can decide to have it exchanged, Refunded, Or have it repaired. If chosen to have repaired they will send it back to the manufacturer which the normal turn around time can take up to a couple of weeks.

    If the laptop has been purchased for more than a couple of months and has gone faulty, The customer has the choice to have it repaired from the retailer or manufacturer, Obviously the retailer would be the better choice.

    Almost all retailers won't refund the product unless the manufacture are not able to repair the product. Depending on store to store basis, You would get a store credit, cash Or EFT refund as proof of purchase is provided, A bank statement would also be an option.

    • Gina Rinehart on 19/04/2015 - 22:37
      +1

      For major faults, the consumer has the final say if it's a repair, replacement or refund, NOT the retailer.

      Minor faults that can be "easily repaired" (there are guidelines from ACCC) allow for the retailer to have it repaired, but any major fault and it's up to the consumer.

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