Useful Reminder about Consumer Rights under Australian Consumer Law.

Posting this article to remind Ozbargainers of their rights to return faulty goods to the retailers.

https://www.smh.com.au/business/companies/target-big-w-rappe…

The most useful statements from the article are;

"A retailer cannot simply send a consumer to the manufacturer and wash their hands of any responsibility," Ms Court said.

"Consumer guarantee rights cannot be excluded or modified by businesses and retailers cannot set an arbitrary time limit on their obligations under the consumer guarantees."

I have also linked the ACCC statements on the two cases if you want to read the statements in full.

https://www.accc.gov.au/media-release/target-will-address-cu…

and

https://www.accc.gov.au/media-release/big-w-will-address-cus…

Comments

  • +5

    I had the same issue with JB. Dads phone had a clear manufacturer issue where the top and right edge of the screen stopped working despite it being used once a week. Took it back to JB and they argued that they can't do anything since it's outside the warranty period and to contact the manufacturer.

    I argued that they still have obligations under consumer guarantees. They had a pamphlet written by JB that explains consumer guarantees at the front counter which I showed and explained to the manager, emphasising on the point "safe, lasting, with no faults" but he would not budge. We ended up getting the phone repaired by JB free of charge but it took 2 months of back and forth and them denying responsibility.

    Retailers will always take the piss. Don't stall with making a complaint

    • Well said , thanks for sharing!

  • +2

    I’d like to raise the fact that this does not mean that the retailer must provide a remedy on the spot, and cannot have the product assessed which requires time.

    Too many people with a faulty item expect it to be replaced on the spot, despite the staff having no capacity to determine if there’s a genuine warranty fault (e.g a PlayStation, to keep it consistent with the article). The retailer has the right to have it assessed by adequately trained staff before taking action. This often means that it often takes longer to have a warranty process completed through the retailer vs the manufacturer. So there’s a large difference between a store giving you the option to go to the manufacturer and explaining why it’s more beneficial, and saying that you must go to the manufacturer.

    In this case, Target (for example) is certainly in the wrong. But often people come here to complain about a retailer requiring time to complete due process, which is completely fine.

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