Is It Legal to Have a 30 Day Warranties on Vapes

JustASmoothSkin on 14/09/2020 - 00:31
Last edited 14/09/2020 - 13:25 by 1 other user

Howdy

So, I have already repaired the device for my friend and personally don't plan taking it further but my ozbargain and cert iii business alarms are going off so I need to consult the tribunal of Ozbargainers.

2 Months ago I took my friend (John) into a vape store to pick up his first vape, I have a friend (Mary) that works at this vape store and worked my Ozbargain magic into getting a discount (10%) for him. We picked up about $250 worth of stuff and everything was good.

About 6 weeks later it stopped turning on, And since John lives a couple hundred kilometers away he didn't get it up to them till yesterday about 60 days after purchase date. Upon showing them the vape the lady behind the counter determined that the mod was "fried". Then explained that they only offer a 30 day warranty and pointed at the sign and told us to read the receipt. She explained the reason they do this is due to the supplier only offering a 60 day warranty and due to transport and shelf time they can't possibly get the vape "warrantied" with the supplier.

I have since went and talked to Mary about this who told me that they had been pulled up before on this but it's legal because "30 day store warranty due to health reasons, similar to how you can't return used makeup products due to health and safety" and that the health department "passed them."

Now, as I said. I don't really care. I fixed the mod easily when he brought it to me as the fault was that one of the battery contacts on the battery door had worn though and no longer connected to the battery, A couple inches of solder later and the battery connector pad is like new and stronger then ever.

But I can't shake the feeling that they are legally in the "wrong." As a Australian business selling new products that can't be described as consumable it can be reasonably argued that the device should last a reasonable amount of time, I believe at least 12 months but a sound argument can be made for longer due to this model being sold under the pretense of it being durable, drop-resistant, water-resistant and dust-proof.

What is your take on this? Am I being a newt, and that it is legal due to "health reasons" or should this business really look at fixing this policy as to avoid potential legal troubles in the future.

UPDATE: So since it seems to be almost unanimous I have sent them an email issuing my concerns.

The email can be found here: - https://pastebin.pl/view/1159be46

Link to the document referenced in the email: - https://www.accc.gov.au/system/files/Warranties%20and%20refu…

Poll Options expired

  • 2
    Business is Operating Legally
  • 29
    Business is in Breach of ACL (Australian Consumer Laws)
Electrical & Electronics

Comments

  • ssquid on 14/09/2020 - 00:48

    What is the cost of the device on its own?

    • JustASmoothSkin on 14/09/2020 - 00:49

      About $80, It's a Geekvape Aegis X if that helps at all.

      • foxmulder on 14/09/2020 - 07:12

        Supplier can set whatever period for their products, this 2 months seems to be just to minimize returns. However for a $80 item, I'm guessing a reasonable time under ACL should be around 1 year.

  • CMH on 14/09/2020 - 04:58
    +10

    "30 day store warranty due to health reasons, similar to how you can't return used makeup products due to health and safety"

    You're not returning for change of mind. This is a faulty product.

  • WreckTangle on 14/09/2020 - 06:17
    +7

    Vapes, like smoking, is a disgusting habit that has the potential to cause untold damage to human health. If you are encouraging people to do this you are not a good friend and should be ashamed of yourself.

    • pegaxs on 14/09/2020 - 08:18
      +1

      Not only that, there is the social aspect of vapers carrying on like entitled arseholes.

      Multiple times I have seen people vaping and blowing huge plumes of “vape” clouds all over people as they walk by, or standing in front of the school or shopping centres entrances puffing away and acting all indignant when people ask them to move away and it’s always the same bullshit… “it’s my right to vape, and vaping is safe. The sign says no smoking, and smoking is burning, this is just vapour…”

      • JustASmoothSkin on 14/09/2020 - 09:38
        +1

        Pegaxs If you told me not to use it near you I would gladly oblige, you seen the vapers that like to show off and since like most things, you are more likely to remember negative aspects/experiences then the more bland ones its likely you have walked passed many vapers without even knowing. Please don't throw us all in one basket.

        • pegaxs on 14/09/2020 - 09:56
          +3

          If you told me not to use it near you I would gladly oblige

          Then you are in the minority. It's a lot like smoking in the aspect that people don't like to be told "please don't do that here" and get all offended and indignant about being asked not to. You may well oblige, but people may not ask you because of previous interactions with the "other" side of the vaping community.

          you are more likely to remember negative aspects/experiences… walked passed many vapers without even knowing.

          The problem here is that people who do the right thing do it in the right place at the right time, so are seldom seen, so the positive aspects and experiences are never witnessed. Unfortunately, almost all of the time someone has come into contact with a "vaper" it has been an overwhelmingly negative experience, because the people that do the right thing are doing the right thing.

          Please don't throw us all in one basket.

          I'm not. I am throwing all the disrespectful, entitled vapers in the basket. The unfortunate part of this is that 100% of my interactions with people who are vaping has been negative, so I have no experience with positive vaping. At the moment, to me at least (and many others I know) "good/polite/respectful vaping" is a myth.

          If you don't want to be thrown under the bus with all the other inconsiderate arseholes that vape, then maybe it's up to the vaping community to call these people out and clean up their own image. It shouldn't be my job to go seeking out good examples of vapers to balance out my experiences with the bad.

          • JustASmoothSkin on 14/09/2020 - 10:10
            +1

            @pegaxs: I can respect that, but don't know how we can make a more positive image by drumming up noise and making a fuss about it. Polite vaping certainly exist however, It's like that friend that leaves the room for a few minutes because he/she has to fart but never tells you about it. You aren't supposed to see us, We do it in our house, our car, we don't use it when walking past a person we wait till they are a dozen meters away. It's simply showing consideration for others, something the majority of vapers actually do.

          • cydia9k on 14/09/2020 - 11:55

            @pegaxs: Just chiming in to neutralise your anaecdotal experience - rude public vapers are absolutely not the majority.

            They are the same people who were previously smoking within meters of building entrances and flicking butts from their cars.
            They just produce bigger clouds now.

        • abb on 14/09/2020 - 10:25
          +1

          If you told me not to use it near you I would gladly oblige

          You sound like a decent person but I think you've got this the wrong way around. You should assume that no one else wants to inhale your chemical cocktail and stay out of the way (e.g. not near doorways). If people come over to you to chat after you've started, sure, vape on.

          • JustASmoothSkin on 14/09/2020 - 10:43
            +1

            @abb: I do, and if it was elsewhere like a football field for example and my actions were to be effecting you I would gladly move if told to. I try quite hard to not vape near people in general.

    • JustASmoothSkin on 14/09/2020 - 09:32
      +2

      What if vaping allows my friend to curb other habits that are known to cause severe adverse health effects such as obesity and cigarettes? Vaping may not be totally safe but to shame someone just because you think something is disgusting shows how intolerant you are as a person.

      For example, I got my step-mother into vaping as well. She used to go though a 15g pouch every 2 days. Now that same pouch will last her 2 weeks. Even if she hasn't quit entirely I will gladly argue that vaping has made a positive impact on her life and those around her.

      • cydia9k on 14/09/2020 - 11:51
        +2

        Absolutely great choice - telling you to be ashamed of yourself for wanting to help friends and family with addiction is way out of line.

    • AustriaBargain on 14/09/2020 - 10:49
      +2

      If it helps him quit it's worth it.

  • contrafibularities on 14/09/2020 - 06:45
    -1

    Is the store says 30 day warranty applies for faulty vaping products such as these then yes that is very likely a breach of the consumer guarantee provisions of the ACL. And yes vaping is disgusting.

  • Jetstream on 14/09/2020 - 08:24

    10% off and no warranty - great contact you have at the shop

    • [Deactivated] on 14/09/2020 - 09:32

      Without the contact, it would be 0% off and no warranty.

    • JustASmoothSkin on 14/09/2020 - 09:40

      She usually does 30% off for me, But since she doesn't really know my friend she didn't want to risk the argument with the store owners.

  • dasher86 on 14/09/2020 - 09:35

    you can't return make up due to health reasons, but if there was a manufacturing defect with it, you would be able to.

  • jackinyourbox on 14/09/2020 - 10:52

    Sure Is

    • Frayin on 14/09/2020 - 11:57

      sure isnt

  • whooah1979 on 14/09/2020 - 11:21
    +1

    the mod was "fried"
    I fixed the mod

    Did you mod as in modify the good?

    • JustASmoothSkin on 14/09/2020 - 11:38

      Mod is short hand for box mod and is the name for the device that holds the batteries and allows the settings and tanks to be changed.

      "Box mod vapes are typically bigger than other vaporizers. They get their name from their box-like shape. They allow users to interchange different types of batteries, atomizers and tanks."

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