Consumer Rights Question (Medical Alert Necklace)

EightImmortals on 05/03/2020 - 10:42
Last edited 05/03/2020 - 11:11 by 1 other user

Just wondering what OB thinks.

Just before Christmas mum purchased one of those medical alert necklaces at significant cost (around $1500) due to deteriorating health. Within 2 weeks she ended up in hospital at which time she contacted the company to advise them that she would probably end up in permanent care and could she have a full or partial refund please.

Surely there is a cooling off period? Anyway they said 'no' which seemed a bit scummy to me given the circumstances and that we have the actual button and it's original packaging intact. So they have stopped returning our phone calls and emails and I'm a bit stuck as to how to proceed. Mum is now in permanent care BTW.

ACCC or is there a better way to go?

Financial

Comments

  • JimmyF on 05/03/2020 - 10:51
    +18

    Within 2 weeks she ended up in hospital at which time she contacted the company to advise them that she would probably end up in permanent care and could she have a full or partial refund please.

    Your mums purchase/return is classed as a 'change of mind'. Under ACCC laws, stores do not need to offer a return/refund for a change of mind.

    Surely there is a cooling off period?

    Why? Its a $1500 item not a $50k car. Anyhow a fridge costs as much, a coffee machine costs as much or more. They all don't come with cooling off periods.

    So they have stopped returning our phone calls and emails and I'm a bit stuck as to how to proceed

    They have advised you their stance, you keeping going at them isn't going to change that. So yes I agree with them stopping communication.

    ACCC or is there a better way to go?

    Nothing to do with the ACCC, you're best to sell it second hand and move on with caring for your mum.

  • apsilon on 05/03/2020 - 10:52
    +9

    There is no requirement to offer a refund for change of mind under ACL so you're probably stuck with it.

  • Ughhh on 05/03/2020 - 10:53
    +7

    Change of mind. Retailer had right to deny refund.

  • ykwon10 on 05/03/2020 - 10:55
    +8

    This is change of mind mate. Sorry for your mum's circumstances but that has nothing to do with the company selling the product. It would be nice if they do refund but they don't have to.

  • Tech5 on 05/03/2020 - 11:00
    +17

    The entitlement is real

  • EightImmortals on 05/03/2020 - 11:03

    OK, thanks for the input, I guess we'll have to appeal to their compassion, if they ever reply to us. :)

  • [Deactivated] on 05/03/2020 - 11:05
    +2

    Why not just sell it?

    • EightImmortals on 05/03/2020 - 11:09

      Yes I guess will go down that route, but with the company not returning our calls we don't know how we would implement the back-to-base monitoring for the new owner.

      • Typical16-bitEnjoyer on 05/03/2020 - 11:16

        What do the instructions that you got with the device say?

        • EightImmortals on 05/03/2020 - 11:22

          We're trying to find where mum put the agreement, it's gone walkabout in the move to full time care AND we can't request a copy from the company as they are not returning our calls.

  • Seraphin7 on 05/03/2020 - 11:06
    +2

    The ACCC won't be interested in this in the slightest. The comments above are 100% correct. This is rightly being viewed as a change of mind situation for which there is no overarching law/regulation/other to allow you to return it because you unexpectedly no longer have a need for it.

  • HighAndDry on 05/03/2020 - 11:17
    +2

    Anyway they said 'no' which seemed a bit scummy to me given the circumstances

    They sold you something which you requested to buy, the product works exactly as advertised, and they've refused a refund because of your change in circumstances which has nothing to do them.

    What's scummy here?

    • EightImmortals on 05/03/2020 - 11:23

      Which is why I asked for input here. Cheers. :)

  • [Deactivated] on 05/03/2020 - 11:34

    I run a small business, and when someone asks for a 'change of mind' refund, my response is significantly influenced by how they asked and what they said. I have also learned that re-sellable condition means different things to different people.

    • EightImmortals on 05/03/2020 - 11:42
      +1

      Oh the pendant is still mint in it's original packaging and I'm sure my 84 year old mum was very nice when she asked. :)

      • zonra on 05/03/2020 - 12:07

        Oh the pendant is still mint in it's original packaging

        Would you have been happy if you got a used, repacked (but “mint”!) product when you paid $1500 for a brand new one?

        • EightImmortals on 05/03/2020 - 12:21

          I'm pretty sure the value is in the ongoing monitoring rather than the pendant itself, and yes, I have purchased 'refurbed' itmes at the right price before and if it saves me a few bucks I have no problems with it as long as it works.

          • Ughhh on 05/03/2020 - 12:26
            +1

            @EightImmortals: So you wouldn't be happy about paying $1500 for a refurbed one then?

          • ihbh on 05/03/2020 - 13:37

            @EightImmortals: A big cost to the business might be in the sales process. The sales person might earn a large chunk of the sales price in commission.

            The marginal cost of the monitoring is close to zero.

  • zonra on 05/03/2020 - 12:06

    Edit: Replied to wrong comment.

  • Davo1111 on 05/03/2020 - 12:51
    +1

    legally you have no recourse

  • jimdotpud on 05/03/2020 - 14:20

    $1500 seems quite a bit, was that just for the device? did you get a monitoring subscription service with this? if so was there a contract along with that service?

    • EightImmortals on 05/03/2020 - 15:46

      That was for the device and monitoring…still trying to find the contract..

      • jimdotpud on 05/03/2020 - 16:24

        i'd say any cooling off period would be gone on the contract, usually they are quite short, but if you paid for a year in advance for monitoring, i'd say you could have a case to ask for a refund on the remaining months, minus the device cost, minus admin fees.

        • EightImmortals on 05/03/2020 - 16:28

          I'd be happy if they just returned our calls/emails so we can figure out a path forward. :)

          • jimdotpud on 05/03/2020 - 16:53

            @EightImmortals: Do they have a social media presence? you could make a polite request for a response via their page

            • Ughhh on 05/03/2020 - 18:19

              @jimdotpud: Yes, put on your entitled karen wig.

              • jimdotpud on 06/03/2020 - 09:10

                @Ughhh: hardly entitled to ask for a refund on services no longer required. if you sold your car you'd ask to have the remaining insurance premium refunded. if the monitoring subscription for this medical alert device was paid for 12 months in advance you'd be asking for the same.

                • Ughhh on 06/03/2020 - 10:18

                  @jimdotpud:

                  hardly entitled to ask for a refund

                  https://www.ozbargain.com.au/node/522519#comment-8411528

                  Seems like people disagree with you. If you're expecting something that is beyond your legal right or entitlement, then yeh it's entitled. Wish I could get a refund on my left over bread all the time.

                  • jimdotpud on 06/03/2020 - 10:28

                    @Ughhh: I'm not suggesting nor would I expect a refund on the device. He/His mum should try to sell the device. The subscription monitoring service is another matter. The $1500 was not just for the device.

          • Ughhh on 05/03/2020 - 18:20
            +1

            @EightImmortals: I think their first response was pretty clear on where you and they stand on this transaction….

  • Jalif on 06/03/2020 - 08:00
    +1

    There is no cooling off period.

    Cooling off periods are only applicable in a few circumstances, and usually when the company approaches you, not the other way round. As well as things like insurance.

    It's unfortunate, but you agreed to buy something which you no longer need.

    There is no onus on the business to make things right, as they have fulfilled their part of the agreement.

    • Jalif on 06/03/2020 - 08:01

      The fact that you're looking to exploit your mother's illness is a huge character flaw in my opinion. Take some personal responsibility please.

      • EightImmortals on 06/03/2020 - 08:09

        Thanks for your input Jesus. As it was mums money and not mine I was trying to recover I'm not sure your grand judgements actually apply. But whatever, AFAIC this matter was cleared up yesterday as being a 'change of mind' issue. I've moved on now. :)

  • [Deactivated] on 06/03/2020 - 08:03

    You came here expecting sympathy, got none

    • EightImmortals on 06/03/2020 - 08:07
      +1

      Actually I came here looking for some objective opinions on the matter which happened pretty early on in the thread and were gratefully acknowledged. What I didn't come here for was trolling and criticism…..

  • OzHunterNSW on 06/03/2020 - 09:57
    -3

    Write to them. Tell them the circumstance. If they are supposedly such a caring company, then they should be more than willing. If not, then this simply demonstrates their attitude toward people in general. Then I would seek advice from Dep of Fair Trading. Or take matter to Tribunal.

    $1,500 is a lot of money to have simply laying around…. it is they who look bad at this stage. Play on it.

    • zonra on 06/03/2020 - 10:56

      There are no caring companies.
      Heck, even most charities are for-profit companies.

  • zonra on 06/03/2020 - 10:56

    Edit: replied to wrong comment. Again.

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