Probably Entitled to Refund, but Retailer Insists on Repair

L[Deactivated] on 14/12/2016 - 22:15

Hi guys,

I've been having some trouble with a Nokia Lumia 930 phone purchased in April this year (from this Harvey Norman deal).

The screen would flicker intermittently with extended use (maybe 5 minutes or so) and flicker constantly if I go into the "file information" of any video. Harvey Norman admits there is an issue with the phone.

The trouble is, I have been trying for months now to get a refund. The first time around, I literally stayed there for hours chatting with the tech person in store and also with Microsoft on the phone to try and get either a replacement or refund. The tech guy said there's nothing he could do, I gave in three hours later and opted for the repair.

Why did I insist on a replacement or refund? Well, I didn't have a back up phone back then, I also believe the fault constituted a major failure and I wouldn't have purchased the phone if I had known.

Long story short, the phone came back three weeks later with the same problem. I sent many emails and "chat messages" to HN with no reply. I have just sent the phone in for repair again.

So what do you guys think? The phone is practically unusable after a while due to the flickering. They had a chance to repair the phone already. Sure, I'm probably entitled to a refund/replacement/repair legally, but I feel like I'm being forced to accept an unfair decision.

TL;DR: Faulty phone, retailer won't refund.

Poll Options

  • 16
    You're not entitled to a refund.
  • 0
    Entitled to refund, but not worth chasing up.
  • 2
    Entitled to refund, keep complaining on OzBargain until HN contacts you.
  • 12
    Entitled to refund, should complain to ACCC.
  • 1
    Entitled to refund, take HN to court.
General Discussion

Related Stores

Harvey Norman
Harvey Norman

Comments

  • try2bhelpful on 14/12/2016 - 22:26
    +3

    Print out the ACCC poster and take it with you.

    https://www.accc.gov.au/system/files/Refunds%20and%20returns…

    If they won't give you what you want then tell them you are going to report them to the ACCC.

    https://www.accc.gov.au/contact-us/contact-the-accc/report-a…

    • [Deactivated] on 14/12/2016 - 22:48

      Thanks for the advice. Funny you should mention the poster. There were literally 3 or 4 posters in plastic frames on the tech service desk. I even read one out verbatim to the tech person, his response was along the lines of "yeah, but we don't do refunds". Of course, I was kinda annoyed after hearing that, so I "threatened" to get the store manager but was stopped by the tech guy :(

      • spersephone on 15/12/2016 - 00:11

        They cannot refuse to do refunds in the case of faulty goods.

        • lakers1222 on 15/12/2016 - 03:37
          +4

          You can choose a refund or exchange if an item has a major problem. This is when the item:
          • has a problem that would have stopped someone from buying the item if they had known about it

          If you knew the phone had a flicker problem you wouldn't have bought it. So its a major problem and by law you are entitled to a refund.

          Harvey Norman staff get commission for each sale. If they give you a refund from, the employee that sold you the phone gets 'negative commission' - which is pretty much taking money from someone wages. So they will insist/illegally force you to take another other options rather than a refund.

          Arguing with stupid staff members and franchisees is pointless. Just ask for each person name. Record it on paper (in front of them, it scares them shitless because they know they are in the wrong) and send an email to the regional manager.

      • Randxyz123 on 15/12/2016 - 04:44
        +3

        I "threatened" to get the store manager but was stopped by the tech guy :(

        Go back to the store and speak to the manager. Why would the tech guy stop you?

      • Geewhizz on 15/12/2016 - 06:03
        +4

        I even read one out verbatim to the tech person, his response was along the lines of "yeah, but we don't do refunds"

        PLEASE report them for this. They have been fined in the past for misleading customers as to their rights. Obviously the fines were not a big enough deterrrnt.

  • Savas on 14/12/2016 - 22:54
    -1

    I think it's good to see they are trying to repair it, rather than chop down more monkey habitat so you can have a new one

    • Ozbargainite on 15/12/2016 - 00:32
      +5

      *Posted from my iPhone

  • Geekomatic on 15/12/2016 - 00:32
    +5

    HN thinks it's a badge of honour to keep getting hit with fines for doing exactly this.

    http://www.lifehacker.com.au/2013/12/harvey-norman-franchise…

    I would email HN and get it in writing, if you can (they might just be dim enough to do it). You should, though, get the names of the staff who have told you you're not entitled to the refund. If possible, try to write out a time-line of what you've gone through to send in to ACCC.

    Good luck

  • Richardc on 15/12/2016 - 02:23

    I think its better to deal with Microsoft directly than HN

    • Geekomatic on 15/12/2016 - 02:26
      +4

      Unless MS has issued a recall, they won't do anything.

      The contract is between HN & the OP. ACCC is crystal-clear that it is the seller who must make good, not the manufacturer.

      Imho

      • Richardc on 15/12/2016 - 02:29
        +2

        Once you deal with MS and they confirmed it's major fault, then you're easier to ask for refund.

  • [Deactivated] on 15/12/2016 - 08:51

    Thanks for the advice everyone! I really appreciate all your help.
    It seems most of the comments suggest I should file a complaint with the ACCC, and that is what I will do.

    Once again, thank you for taking the time to help. I consider this thread now closed.

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