DickSmith: Is It Reasonable to Refund a Brand New DOA Tablet

rdcool on 21/07/2015 - 18:24
Last edited 21/07/2015 - 19:03

I am trying to refund my Acer W1-810 tablet purchased in April 15 and only opened in July 15, due to the tablet does not turn on or take charges.

Dicksmith store said due to the fact that I held the tablet for more than 30 days, they can only send it to Acer for repair.

I dont want a repaired or a refurbish tablet because my tablet is brand new and according to the fair trading website my problem should be categories as a major problem and I can get refund.

Do you guys think it is reasonable for me to get refund?

ps: I have purchased this tablet from a dicksmith online sale and did a click and collect in April. I have kept this tablet aside until July as a birthday present and only realise in July during gift openning that it doesnt turn on.

There is a similar case, as per the review left on Dicksmith website, for this Acer w1-810 and that person got a refund as it is within 7 days.

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Comments

  • Nutrino on 21/07/2015 - 18:39
    +1

    Yep. Doa should only count the day that you open the box. Sigh.

    • indium on 21/07/2015 - 18:50
      +22

      hard to prove though

        • Lichen6420 on 22/07/2015 - 17:39
          +4

          Exactly. 90 days is the issue here.

        • tonsta on 23/07/2015 - 22:27
          +6

          I sent the wife back without problems after 3 years, she didnt work from day one. So why the issues with a measly tablet? :P

        • HoracePinker on 24/07/2015 - 22:35
          +3

          @tonsta:
          Did you get a full refund or did you lose half of everything you owned. Me thinks you might have been better off with a refurbished unit :P
          If you had annulled your non working wife straight away you might have gotten full price back unless she was mail order in which case the postage would have been non refundable.
          :P

      • moo on 24/07/2015 - 00:54

        I believe there is a hint of sarcasm to the comment which you've responded to.

    • nikey2k27 on 23/07/2015 - 13:29

      Christmas is only time allowed this

    • Musing Outloud on 25/07/2015 - 13:00

      Unfortunately some level of discretion will be applied by DSE here because of the "you say they say" situation. You say DOA, they say otherwise. But consumer law is on your side.

      So skip the useless store staff and solve this through other DSE head office contacts available at https://www.dicksmith.com.au/contacts

      You can always escalate the matter to management through these lines of inquiry (regardless of what the store says) because consumer law says otherwise.

      And on top of getting your issue addressed you can also complain about the lack lustre store staff on the store complaint number 1300 660 054, known in DSE jargon as the store customer service feedback line.

      I used to be associated with DSE from when it was owned by Woolworths (Not anymore since the sale), but even during the time I was a fellow staff member, DSE tried this crap on me. Don't take any crap from them.

  • Randxyz123 on 21/07/2015 - 18:50
    +6

    Have a look at https://www.accc.gov.au/consumers/consumer-rights-guarantees…

    I think you may have to accept a repair in this case however take it into a store and ask to speak with a manager or supervisor.

    Explain in a calm way the situation and see if you can reason with them.

    Dicksmith store said due to the fact that I held the tablet for more 30 days, they can only send it to Acer for repair.

    This is possibly true, they have a right to set the amount of time when they'll replace it. Also if they offer you a repair I believe you have to take it.

    Still it is worth a try.

    • rdcool on 21/07/2015 - 19:01
      -1

      Reading from the ACCC website, i think my problem can be considered as a major problem which qualifies for replacement or refund.

      i.e if i know this issue of it not being able to turn on out of box (or will die within 3 months), i would never buy it.

      Extract from ACCC below:
      |What is a major problem?
      A product or good has a major problem when:

      it has a problem that would have stopped someone from buying it if they’d known about it
      it is unsafe
      it is significantly different from the sample or description
      it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.|

      • Randxyz123 on 21/07/2015 - 19:16
        +13

        How do you prove you JUST opened it? For all they know you could have opened it in April, somehow broken it and now trying to get a refund.

        As I said above. Go to the store you collected from. Ask for the manager and work something out.

        • rdcool on 21/07/2015 - 19:28
          -2

          I tried to go to the store twice (one Sunday and one Monday) and both times i was told that the manager or supervisor is "not working" that day and will be in the next day.

          Do you know if i can go to another store (not my click and collect store) and have this sorted out?

        • Randxyz123 on 21/07/2015 - 23:06
          -2

          @rdcool:

          tried to go to the store twice (one Sunday and one Monday) and both times i was told that the manager or supervisor is "not working" that day

          Alright well you went on a Sunday fair enough the manager wasn't there…

          Not sure what time you went on a Monday but maybe he/she was on their break etc

          Try calling the store.

          Do you know if i can go to another store (not my click and collect store) and have this sorted out?

          No you can't, it has to be where you bought it.

        • rdcool on 22/07/2015 - 00:21

          @knick007:
          For both Sunday and Monday i was there, i was told the manager is not working for the whole day and will be in the next day. That is why i revisited the store on Monday after Sunday's visit.
          For both occasions, the Dicksmith staff said that they are only casuals and they cant make decisions.

          It seems to be me that they are avoiding me.

        • Randxyz123 on 22/07/2015 - 00:27
          -1

          @rdcool:

          For both occasions, the Dicksmith said that they are only casuals and they cant make decisions.

          Bullshit not you whoever told you that.

        • Gina Rinehart on 22/07/2015 - 21:55
          +2

          @rdcool: There will always be some sort of supervisor / shift manager available, or an assistant store manager, or anything, every day of the week. You don't need to speak to the "store manager" for a situation like this, they should be able to resolve it with the management who are there already…

      • imahapyboy on 22/07/2015 - 19:16
        +4

        So repair it

      • twocsies on 24/07/2015 - 08:19
        +3

        All I see is… "and can’t easily be fixed."

        I think that this problem can easily be fixed. But you have changed your mind and don't want the device.

      • endotherm on 24/07/2015 - 18:45
        +6

        Spot on. It is a major failure and you wouldn't have bought it if you knew it would die within 3 months.

        Most people here seem to be fixated on the 3 months sitting idle. Look at it this way: if you opened it on day one and been using it, then after three months it stopped turning on or taking charge, you'd still consider it to be a major failure. A major failure enables you to elect for a replacement or repair or refund, and choice of either the manufacturer or retailer to address the problem for you. The retailer may refer the issue to the manufacturer or supplier, but that is their choice. They can suggest you deal with the manufacturer directly (this may actually be speedier and avoid double-handling) but they cannot fob you off and insist you do it. If you elect a refund, it could come from either the retailer or manufacturer. What you are probably finding here is the retailer would normally just replace DOA items in the first weeks/month as a matter of courtesy, and after that would pursue replacement/exchange/repair/refund with the manufacturer.

        What DSE have told you seems to be valid, that they can only send it to Acer for you. DSE and you can insist on a refund from Acer if you elect that option, as it is a major failure and you are not willing to accept a repaired or refurbished unit (quite a reasonable option!). This is what the consumer law specifies, however it does not help you get this remedy any quicker.

        • twocsies on 25/07/2015 - 03:00

          Yes, good clarification! I don't think this problem is like a washing machine that had a burned out engine after three months, a prime example of major failure, given at findlaw.com.au. I think that the tablet is actually just fine. Maybe the battery level dipped a bit low causing this strange behaviour.

          I think it is probably just a software error. If you know the specific device there is a certain set of presses that puts it into factory reset. For example, with an Android tablet, you hold the down volume + power for around 10 seconds, and it will restart. I've used this trick on a number of tablets that I thought were dead. A bit of extra charging can also help.

          If it is something broken in the tablet or washing machine, the DSE salesman likely can't tell. It seems their policy is to send it to a service department, either internal (for DSE branded products) or Acer's, where they will know how to understand the problem.

  • spackbace on 21/07/2015 - 18:52
    +7

    There is no way of knowing that you just opened the box. You could've opened it day 1 and it just recently died.

    • kima on 22/07/2015 - 13:07
      +5

      does it matter? whether they opened it day one or they opened it yesterday its still faulty and still up to the store to refund replace or repair - which I thought was now up to the consumer to decide not the store.

      • spackbace on 22/07/2015 - 13:10
        +4

        Great, so you as a store owner, you'd be happy to give me a straight up refund, right there on the spot, when I bring back a dead laptop 3 months after purchase? Awesome, now just give me a second, I'm just going to see if my laptop can swim…

        Lol just think about things for a second, as OP has already done below:

        I do think it is fair for Dicksmith to send the tablet back to Acer for assessment.

        • kima on 22/07/2015 - 13:35
          +2

          That's irrelevant to your comment which had nothing to do with an assessment of fault. All you said was about the day they opened it and that is what I responded too. The store always has a right to assess faults/damage but they don't get to decide not to refund just because they don't want too

        • huydn on 22/07/2015 - 19:45
          +4

          @kima: They do. That's why they offered to repair it. Should read the ACCC guide again :)

          Not defending DS or anything, I hate them too but too many people on OzBargain are confused about your 'rights'.

        • kima on 22/07/2015 - 21:27
          +3

          @huydn:

          They do.

          They do what?

          "When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund" - https://www.accc.gov.au/consumers/consumer-rights-guarantees…

          sorry what is it that you think I am confused about?

        • huydn on 23/07/2015 - 01:45
          +1

          @kima: They do 'get to decide'. Yes you are very confused. Only YOU (or OP) are saying it is a major problem. Since it's been already 3 months, how on Earth is DS to know if it really is a manufacturing fault or the OP messed it up? If it was yesterday, I'm pretty sure they would be very happy to refund right there on the spot.

          Both OP and the DS staff are not qualified to determine if it is a 'major problem' at this point. The staff at Acer get to make that call. After assessment, if they can fix it easily and quickly, it will be a 'minor problem' and OP will HAVE TO accept that option. Cheers.

        • kima on 23/07/2015 - 04:17
          -3

          @huydn: just seems like you want to argue about variables.

        • Ramrunner on 23/07/2015 - 09:44
          +24

          +1

          Being a retailer myself, the Manufacturer DOA period is from 14 to 30 days. During this period I'm guaranteed a 100% brand new replacement unit.

          Anything after is not classified as DOA, but warranty.

          Now, apart from the freight back and forth I have to wear unfortunately usually negating any profit I made on the item in the first place, if I offer a 100% refund on an item on the spot as the OP suggests, then I will NEVER get REIMBURSED for that.

          In fact I would have lost any profit, spent 2 x freight back and forth, and now have a "refurbished" item on the shelf I cannot sell as new and also have to take a hit on.

          I have no love for DS and they certainly can afford to take a hit, but I can not if this happens a lot so I fully in agree they should not refund you the money for a tablet they cannot get replaced.

          If you've found evidence somewhere they must do this, I guess then they must, but the Office of Fair trading has to also realize retailers (especially smaller ones like myself) cannot afford to simply refund everything, as in this day and age of internet sales where the same item from overseas is 20% cheaper to BUY RETAIL over Australian Wholesale prices, so we lower our mark-ups to 10% or so (I even go 5% if I need to) to match then lose any profit (warranties usually cost me money), or at worse case go through the whole refund issues when the item is more than 30 days old.

          Yes, I'm sure the grand poobah of DS still drives a Porsche as opposed to my 2004 X-Trail so I'm sure they can take a hit occasionally but speaking as a retailer it's not fair and no, I don't think they should give you a refund.

        • McFly on 23/07/2015 - 21:48
          -4

          Anything after is not classified as DOA, but warranty.

          It's only a few months old - well within the (presumably) 12 months warranty, and in mint condition (not that it matters.)
          If retailers/wholesalers want to provide warranties above and beyond the law that's great, but that can't absolve them of statutory requirements.

          Now, apart from the freight back and forth I have to wear unfortunately usually negating any profit I made on the item in the first place, if I offer a 100% refund on an item on the spot as the OP suggests, then I will NEVER get REIMBURSED for that.

          Cost of business.

          In fact I would have lost any profit, spent 2 x freight back and forth, and now have a "refurbished" item on the shelf I cannot sell as new and also have to take a hit on.

          You mean if you return a dead product to your supplier they don't give you a new one or a credit?

          I fully in agree they should not refund you the money for a tablet they cannot get replaced.

          As above, they can get it replaced/credited.

          If you've found evidence somewhere they must do this, I guess then they must

          Many have posted links and quotes from the ACL. If you own a (retail) business you should be familiar with it already anyway.
          Have you had a business for more than 40 years? Because that's the only way you will have been in business before it was the law (to refund/replace for such a dead item.)

          I don't think they should give you a refund.

          It's not up for debate. Assuming the tablet is confirmed dead a refund is due.

        • tonsta on 23/07/2015 - 22:29
          +3

          @huydn: Ozbargainers know our rights…. we make them up as we go.

        • McFly on 23/07/2015 - 23:37
          -2

          @huydn: "if they can fix it easily and quickly, it will be a 'minor problem'"

          lol Not turning on/charging is a major fault. After they fix that it will not be a fault at all will it?
          How time consuming/difficult it is to fix is irrelevant.

          "and OP will HAVE TO accept that option."

          lol again. If the unit is dead, the only thing that anyone will HAVE TO do is (DSE) to provide a refund.

        • twocsies on 24/07/2015 - 08:23
          +1

          @kima: the major problem here is that it's not working like it's supposed to. In which case DS should refund or replace unless it "can’t easily be fixed." But this device can assuredly be fixed, since it passed factory QA at the factory, it has some minor problem that an Acer technician has seen before.

        • McFly on 24/07/2015 - 08:51

          @twocsies: Where is this 'easily fixed' concept coming from?
          Of course it can be fixed. So what?
          What criteria are you using to conclude that not turning on at all is only a minor problem?

        • twocsies on 25/07/2015 - 03:20

          @McFly: In my experience, a tablet not turning on is often a minor issue. (Often, but not always.)

          It's an Acer Iconia W1-810. Plenty of possible software or low battery issues that could be fixed easily. For example, try:
          * The Internet says that the BIOS can be accessed by pressing the VolumeUp button + Power
          * Or try the little hard reset hole
          If it's like my Acer A1-510, then there is a little light on the power button that shows up when charging. If that light isn't lighting up even after a few hours of charging, then it seems bad news for the tablet (or the charger). I might try a different charger. If none of that works, I would probably send it in through the warranty process.

        • love2buy on 26/07/2015 - 21:35

          @Ramrunner: It nice of you to point out the difficulties of running a retail business. Most of the time we are only blinded about our own welfare.

      • JimmyF on 22/07/2015 - 22:22
        +19

        All warranty starts from date of sale…. DOA warranty is no different!

        The issue is waiting 90 days from buying to 'opening' it. Sorry, but this is the issue and its a repair job.

        • McFly on 23/07/2015 - 21:53
          -1

          The issue is waiting 90 days from buying to 'opening' it.

          That's caused the refund request to fall outside of the additional warranty provided by DSE, so all that means is the ACL takes over.

          Sorry, but this is the issue and its a repair job.

          No - this is a refund/replacement job, as shown by the many links/quotes of the ACL.

        • JimmyF on 24/07/2015 - 13:44
          +3

          @McFly:

          Hello McFly, DSE is not rejecting anything. The guy brought the item 90 days ago, comes back into the store and says its not turning on.

          DSE is going oh ok, sorry to hear. We'll have to return it to Acer for warranty to get that fixed up for you. We will arrange that for you for free etc right now.

          The OP is going, NO I only just opened it, I want a refund or a on the spot replacement. DSE are saying, sorry its been 90 days and outside of any DOa policies we have etc.

          I agree with DSE. Its been 3 months. Regardless if it looks NEW of or not, its been 3 months since purchase. any DOA policy is now null and void, you're on OEM warranty. You know, DOA…. DEAD ON ARRIVAL.. Well it arrived 90 days ago, the arrival part is well and truly over. Its now just a dead unit, aka standard warranty channels.

          The OP can run to ACL and scream all they like. The OEM is offering to repair a 90 day old item as per the warranty offered. There is no ACL law saying it must be exchanged on the spot. DSE/Acer are offering the 'repair' option as part of the ACCC/ACL.

        • JimmyF on 24/07/2015 - 20:01
          +1

          @McFly:

          I'm not sure what you're trying to say?

          they can only send it to Acer for repair.

          correct, its now 3 months into a 12 month warranty.

          they keep telling me that the manager is not there and they cant make decisions.

          Not true. They only need the manager cause he wants a refund/replacement on the spot. Hence they need a manager. They had been happy to take it for a RMA return. But yet the OP walked out not ONCE but TWICE with the unit as he wasn't happy as they wouldn't swap it on the spot.

          He just repetitively said the only thing he can do is send it to Acer repair and there is no way i can get a replacement or refund.

          Dude its 3 months old…. Yes repair is the option. Point to the ACCC law that says OTHERWISE?

        • McFly on 25/07/2015 - 23:42
          -2

          @Level380: I'm saying - or rather the OP, who I was quoting, is saying - that DSE are trying to 'reject something' ie. the OP's right to a refund.
          (Also, note OP does not want a replacement.)

    • ThirdRonnie on 22/07/2015 - 16:51

      No way of knowing when the box was first opened, but there is a way of telling when it was first turned on. It would probably need to go to Acer to find out. If they can verify that it was only turned on as stated, or that it never initialised ever, then they should replace it.

      I wondered whether Acer products had improved over the years since I had problems with them, but it appears not. There's really no excuse for a DOA product.

  • froggym on 21/07/2015 - 18:55
    +1

    I only know things from watching the Checkout but that sounds like a major failure which means you should get to chose whether you get the money back or it gets fixed. Especially after only a month and having been in a box.

    • jelko on 21/07/2015 - 21:05
      +1

      It's been 3 months. And we've only got the word of the OP who says its been sealed in the box since April 15.

      If something breaks after 3 months, then you bring it back to the retailer or manufacturer (your choice) and then the retailer can either send it away to be repaired, give you a refund or replace the broken item with a similar item.

      • AssociatedShiKu @ Dick Smith / Kogan on 22/07/2015 - 23:06
        +2

        And if the fault is not caused by the user (not mentioned), it would normally be sent to Acer/Acer repairer. They would possibly replace the unit and send the replacement back to the store the repair was issued from.

        That is the most likely (not saying definitely) situation from sending it to the repairer.

  • fruit on 21/07/2015 - 22:34
    -8

    It doesn't matter when you opened it. You have statutory rights in addition to any warranty dick smith offers you.

    A few things come into play when considering if something is a major fault or not. One of which includes how quick it can be repaired, but also to the extent of the fault.

    tablet does not turn on or take charges.

    If a button was loose, or a quick screen replacement could be done; I would say it would not be a major failure.
    However given that the entire product does not work, in my opinion it is a major failure.

    Print this out: https://www.accc.gov.au/publications/consumer-guarantees-rep…

    and bring it to Dick Smith.

    Also even if you had gifted it, the recipient can still make a claim as long as they have proof of purchase.

    If you are still having problems you can contact the office of fair trading in your state, and if that still doesn't fix it, try a small claims tribunal.

      • spackbace on 21/07/2015 - 23:24
        +2

        On thinking about it as well, from DS point of view, how do they know it hasn't been dropped in a pool? Or that the OP has pulled out the mobo or something, causing it to be dead.

        I'm sure they'll fix or replace, but they need to send it off for their own piece of mind, simple as that. 3 months after the fact would probably just have them raising eyebrows.

        And unfortunately I hate to think how many people try it on, and bring back electrical goods that they've destroyed, but demand refunds!

  • rdcool on 22/07/2015 - 00:13
    -2

    Thanks for all of your comments.

    I do think it is fair for Dicksmith to send the tablet back to Acer for assessment.

    The tablet looks brand new with all the stickers are still on the tablet and other accessories were untouched, so i have nothing to worry about on my end.

    I know this generally wont happen, but how do i prevent Dicksmith from tarnishing my tablet when it is in their possession before sending off to Acer for assessment? i.e they might expose my tablet to a lot of moisture so that it become water damaged. Would taking photos from back to front help as proof?

    • Randxyz123 on 22/07/2015 - 00:35

      take photos of everything and try and date stamp them

    • whooah1979 on 22/07/2015 - 18:05
      +4

      contact acer and ask them to send courier to pick up.

      ** Standard Warranty - Acer will make all the necessary courier arrangements to forward your Acer product to the Acer National Repair Centre.
      http://www.acer.com.au/ac/en/AU/content/warranty-anz

      • AssociatedShiKu @ Dick Smith / Kogan on 22/07/2015 - 23:11
        +1

        Yep, you have the choice of direct to Acer, or through Dick Smith.

    • McFly on 22/07/2015 - 18:26
      -4

      No, it's not fair.
      You have a right to a refund under the law. Why risk getting a sub-par (or refurbished) tablet back again, all after however long they decide to keep it?
      Anyone saying you don't have a right to a refund/replacement doesn't know the law and/or is happy to be a pushover.
      Be nice, but be firm. And if they pull that crap about the manager not being there get them to call the manager, and if they can't get them then someone who has authority.
      Also, there's no reason you can't go to another shop instead.

      • imahapyboy on 22/07/2015 - 19:19

        ds have their right to refused the refund, DOA is 1 month, who cares you open it may june or july

        • McFly on 22/07/2015 - 19:29
          -6

          As I said…

          Anyone saying you don't have a right to a refund/replacement doesn't know the law and/or is happy to be a pushover.

        • imahapyboy on 22/07/2015 - 21:47

          grow up kid, face the reality, accc only the communicator between you and shop, ok? get it?

        • McFly on 22/07/2015 - 23:16

          get it?

          Actually, no - not making much sense…

    • spare13 on 22/07/2015 - 22:19

      Then go to Acer direct… Acer could do the exact same thing if you're worried.

    • JimmyF on 22/07/2015 - 22:24
      +4

      "they might expose my tablet to a lot of moisture so that it become water damaged"

      Very strange wording…….

      • urzu on 25/07/2015 - 21:41

        Paranoia.

    • newozbargainermelb on 23/07/2015 - 15:11
      +4

      You sound like DS has a dedicated Moisture department to expose all the warranty claim electrical and electronic devices to reject repair, replacement or refund. This is AUSTRALIA. I don't think Australians would take that cheap path ever. It would throw them out of business. I still trust in people. Australians are honest and they will be in future too. If I were you, I would just trust them and handover the device for repair.

  • pjetson on 22/07/2015 - 10:06
    +6

    Have you tried to charge it? Perhaps the battery is just flat. You may need to leave it charging overnight.

    Or maybe it just needs a hard reset? In many cases, this is just to press and hold down the power button and the volume up button (or volume down button) until something comes up on the screen.

    • McFly on 22/07/2015 - 18:37
      +1

      Yes, what I said above is contingent on it actually being dead.
      Determining that may be (DSE's) biggest issue.

  • edpkicf on 22/07/2015 - 19:42
    +1

    what the hell…who said DOA has to be one month - you are entitled to a refund, replacement or repair if the problem is a major problem. I had a MBP which started having issues with its logic board. Apple wanted to replace the logic board. I said no, that constitutes a major failure, I'm entitled to a replacement. This was close to 10 months after I purchased it. Why should I have to wait 1 week without a laptop for them to fix a faulty product, especially when it is such a major fault?

    They said they would replace it.

    End of story. OP print it out and show it to them. Be firm and state the law. Otherwise, email head office, state the law, and cc ACCC. Laws are there for you to exercise your rights. Most of the people here has no idea what they are on about.

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

    • MetalPhreak on 22/07/2015 - 20:16
      +5

      You realize doa stands for dead on arrival? 1 month is perfectly acceptable as a time period of "arrival".

      A major fault is usually deemed something inherent in the design and not a one off failure. If the replacement has the same fault you are definitely entitled to a refund.

      Acer are usually pretty good with warranty. We had a tv remote fail well outside the warranty period. Emailed them to buy a replacement and they sent one out for free.

      The major problem here is the time between purchase and the time it was first used. Difficult to prove this and Dick smith are entitled to have it repaired. However, replacing it or refunding out of good will would do them some favours…

      • McFly on 22/07/2015 - 20:43
        -1

        I've said it twice and I'll say it again, and I'll keep saying it until people get it.

        Anyone saying you don't have a right to a refund/replacement doesn't know the law and/or is happy to be a pushover.

        People can neg all they like, but this is fact (on the proviso that - as I've also said - this tablet is confirmed dead.)
        Anyone ending up in a similar situation is free to waive their rights, but don't make the OP think they don't have this right or should not exercise that right.

        • Millikano on 22/07/2015 - 21:22
          +11

          Retailers have a set period of time to return a product to the manufacturer for a refund themselves. This varies with each manufacturer. In the case of Acer, it is at the stores discretion within the 30 day window to provide the refund without sending it away.

          The OP is absolutely entitled to a full refund if Acer deem it faulty from a major failure. Consumer rights provides this choice to the customer after it has been deemed faulty.

          If a store like DS or JB or Harvey's replace a product on site after 30 days (or whatever the manufacturer window is) they are taking a risk that if the product is found not to be faulty, it remains their stock to sell and they have to take the loss selling on a used and potentially damaged product.

          I think it's pretty fair to have it assessed, though I do feel for you because it's a really annoying situation. If you're lucky someone might swap it or refund it on the spot, but it's definitely not the law to do so without it being checked after 3 months has elapsed.

    • Elementphil on 23/07/2015 - 09:53
      +3

      What you are saying is correct, that main difference with Apple, is they have trained technicians who are able to diagnose the issue on the spot and determine if its an issue due to manufacturing or tampering. In this case, Dick Smith doesn't have those facilities, how do they know that the tablet hasn't been dropped in the bathtub and thats why it isn't working?
      All products that exhibit a Major Failure issue under ACCC are subject to diagnosis, if Dick Smith send it off and it comes back that the issue was a Major Fault then you are within you rights to ask for a replacement/refund under consumer law.

      PS: Just don't expect it to be as smooth as asking for it at Apple, will most likely be a lot of back and forth with ACCC and Dick Smith before its resolved.

  • gimli on 22/07/2015 - 21:31
    -1

    classic penis smith

  • lbkmumma on 22/07/2015 - 21:43
    +5

    Dude, should always check the electronics immediately!!! Remember that for next time. Good luck dude.

    • gimli on 22/07/2015 - 21:44
      -1

      Dood

  • spare13 on 22/07/2015 - 22:05
    +9

    The major issue is this: The retailer cannot authorise a refund (outside of DOA period) without confirmation from the manufacturer.

    They cannot risk the claim being rejected. The retailer can't take a $1000 risk simply to save a few days. It honestly doesn't make sense.

    Also, as a consumer you always have the option to go to the manufacturer yourself.

  • [Deactivated] on 22/07/2015 - 22:06
    +9

    Maybe I'm being paranoid but Ops story and replies seem fishy… saying they might deliberately sabotage the tablet??? Of what possible advantage would they gain by doing such a thing… sounds like there is more to the story.

    • JimmyF on 22/07/2015 - 22:26
      +6

      Yes I'm with you here too…. The comment above in his reply that said they might expose the tablet to a lot of moisture so that it becomes water damaged makes me think there might be more to this than meets the eye.

      Its very strange wording by the OP……. very strange.

    • winterseed on 23/07/2015 - 01:09
      +1

      Nah, I've been in OP's shoes. When you know you have firm footing but you have to put your trust in someone else to not get screwed over, it's natural to be anxious about that kind of thing. Especially when the other party's interests are at odds with your own.

    • rdcool on 23/07/2015 - 09:54
      -2

      Take the example of restaurant staff spits on the replacement food after you reject the dish due to whatever reason.

      What possible advantage would they get from spitting on the food? But this do sometimes happen.

  • leighjames on 22/07/2015 - 22:26
    +1

    Go to the following website http://www.lwt.com.au. Log a service job because they will come to you and fix it. They will repair the device the quicker than sending it back to acer. If you had the device for more than 30 days from purchase - grey area but fair from acer.

  • apu on 23/07/2015 - 00:37
    +7

    People need to relax in this thread. My impression is that Dick Smith isn't denying the OP of his or her rights under the consumer law. They just need to send the unit back to the manufacturer to determine whether the unit is faulty and if so, the cause of the fault (i.e. malicious damage or faulty equipment). For a sophisticated piece of equipment, it is not unreasonable to expect that an assessment of the goods would need to be carried out to determine the cause of the fault.

    It's not like the stitching has come undone on a new jumper and the fault is obvious on the surface.

    But yes, if the assessment determines that the unit is faulty, this would be a major fault, and the OP has the full choice of remedies available to him/her. Namely refund, repair or replacement. My expectation would also be that the assessment by Acer should be prompt.

    • McFly on 23/07/2015 - 21:59

      My impression is that Dick Smith isn't denying the OP of his or her rights under the consumer law.

      From OP:

      they can only send it to Acer for repair.
      they keep telling me that the manager is not there and they cant make decisions.
      He just repetitively said the only thing he can do is send it to Acer repair and there is no way i can get a replacement or refund.

  • O15 on 23/07/2015 - 07:06
    +3

    Do you guys think it is reasonable for me to get refund?

    Not really. If you're going to buy an IT product to gift to someone in a couple of months, open it the day you buy it and make sure it works.

    • rdcool on 23/07/2015 - 10:07
      +1

      I always believe that if i open and then test it, the person opening the gift will lose the joy of breaking open a brand new gift.

      • JimmyF on 23/07/2015 - 10:17
        +1

        Then don't buy the gift so far out in advance. Buy it a few days before!

        • rdcool on 23/07/2015 - 10:28

          This is like buying the eneloops, i know i will have use for it at a later date and bought them on special.

          This alerts me, maybe i should open all of my new eneloops to see if they do work.

        • JimmyF on 23/07/2015 - 12:01
          +2

          @rdcool: Maybe you should test those eneloops….

          DOA and/or warranty goes from date of purchase, not date of opening the box. So your choices had been

          • Buy it early and open it to verify it works
          • Buy it later only days before the gift giving day, open it on the day
          • Buy it early, don't open it and forgo the DOA clause and rely on the OEM warranty/repair service.

          For this product, you have opted to go the last option by your actions.

          The same applies for warranty, it starts from date of PURCHASE not date of opening. So you have given up 3 months of warranty on the product.

          Lesson learnt, get DSE to get it repaired and move on.

  • Gifwonder on 23/07/2015 - 11:19

    I think there was something in the consumer law that stated for electronic goods which are complicated. The consumer must allow the retailer to send it back to the manufacturer for proper assessment. See page 10 and page15. They aren't denying you your rights. But it Ned's to be sent off first to determine.if it's manufacturers fault or yours. If it is the manufacturer you're.then entitled.to choose a.exchange or refund

    https://www.google.com.au/url?sa=t&source=web&rct=j&url=http…

    • JimmyF on 23/07/2015 - 12:05

      Correct DSE are not denying anything. OP returned it for warranty as its not working 3 months after buying it. Now jumping up and down that they won't refund/replace it on the spot as OP wants.

      DSE are doing as you say, following the law for warranty by returning it to the OEM for repair. Any DOA clauses have passed.

      The OPs comments about DSE might 'cause water damage' to the unit while they have it, is very strange and makes me think the OP has been using it for 3 months and it got wet! Hence why the OP wants a refund/replacement on the spot as OP knows warranty will be rejected.

      • rdcool on 23/07/2015 - 12:53

        I have no problems for the Dicksmith store to send the tablet to Acer for assessment. In fact, I will do my 3rd visit this evening to request this.

        From what my experience with the staff of this store, as per my previous comments, they keep telling me that the manager is not there and they cant make decisions. I do feel that they might not be as ethical as others.

        I know they cant say that my tablet is physically damaged as i have photo proofs from back to front that my tablet dont have any damages or scratches (all packages and stickers still on).

        The only other possible way of they might sabotage my tablet is by water damaging it.

        • spackbace on 23/07/2015 - 13:31

          The only other possible way of they might sabotage my tablet is by water damaging it.

          Why exactly would they 'sabotage' your laptop?!

        • JimmyF on 23/07/2015 - 14:18
          -1

          @Spackbace: I'm guessing cause he make a HUGE scene in the store on the previous two visits when they wouldn't refund/replace it on the spot and now all the staff don't want to deal with him?

        • rdcool on 23/07/2015 - 14:20

          @Spackbace:
          I am not saying that they will, i am just worried that they might and wondering what measures i can take to prevent this from happening.

          Maybe because i created more work for them; caused them not making some target; they see me as a troublesome customer or whatever reason.

        • spackbace on 23/07/2015 - 14:21
          +1

          @rdcool:

          This thread has been going for 2 days, why haven't you gone into DS yet? Late night trading yesterday, etc etc.

          And I'm with a few of the others, very strange you're so concerned about them purposely causing damage to your laptop.

        • rdcool on 23/07/2015 - 14:47

          @Level380:
          For both visits, i was polite and calm, i dont think there was any scene.

          In fact, for the first visit on Sunday, the Dicksmith staff checked my tablet and did agree with me, but say that manager is not in and he, as only a casual, cant authorize this. He then tell me that he will leave some notes in the computer and ask me to come back next day to have this sorted. So, i thought the first visit was ended with a positive outcome.

          Then, i visit the store again the next day (Monday), i was told that the manager is not in (will be in the next day) and no notes can be found. This staff was rude and impatient, no matter what i say to him, he dont seem to care. He just repetitively said the only thing he can do is send it to Acer repair and there is no way i can get a replacement or refund.

          If the Dicksmith staff has offer me to send the tablet to Acer for assessment first and use the result to determine if i can get a refund, i will be happy.

        • rdcool on 23/07/2015 - 14:48

          @Spackbace:
          Late night trading is Thursday night in NSW. I am going there again tonight.

          It was the staff i saw on Monday's visit caused me to worry.

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