Pro Gadgets Refusing ACCC Warranty Repair

Lord Ra on 09/04/2021 - 12:00

Hey Everyone,
I bought a case with a kick stand from ProGadgets for about $30 in June 2019.

The spring in the kickstand has gone kaput which makes it useless. I contacted PG who say that they cannot help me as the warranty period is only for 12 months.

Am I wrong in thinking that as per Australian Consumer Law, as set out by the ACCC that the case is still under warranty and they need to fix any defects on it?
The consumer guarantees automatically apply regardless of any voluntary or extended warranty given by a seller or manufacturer of goods and services, or if such a warranty has expired. Statutory rights are consumers’ rights which are implied in all consumer contracts by the Act.

An example of the case that I have. The case itself is fine, it's just the kick stand that has come apart. A case is expected to last as long as phone does, even longer.

What recourse do I have? Which ombudsman will I have to go to?

I don't want PG to think that they are greater than the Australian Consumer Law.

Poll Options expired

  • 0
    Other (check comments)
  • 2
    Pursue it with an ombudsman
  • 58
    Forget it & move on (buy another case)
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closed Comments

  • spackbace on 09/04/2021 - 12:02
    +18

    June 2019.
    the warranty period is only for 12 months.

    It's a $30 case… You're lucky to get any warranty on it

    Move on

    A case is expected to last as long as phone does, even longer.

    Lol this has to be a troll

  • jv on 09/04/2021 - 12:05
    +5

    Am I wrong in thinking that as per Australian Consumer Law, as set out by the ACCC(accc.gov.au) that the case is still under warranty

    I don't think that a spring on a $30 case would be covered after almost 2 years…

    2 years is what you get for a $2000 iphone.

  • SF3 on 09/04/2021 - 12:07
    +4

    I don't want PG to think that they are greater than the Australian Consumer Law.

    Calm down… for consumer goods of $30 and lasted more than 12months.

    Plus its wear and tear, which you may not get coverage if it broke within the 12 months.

  • thatonethere on 09/04/2021 - 12:10

    Case was probably worth $2 in reality.

  • djkelly69 on 09/04/2021 - 12:11

    Am I wrong in thinking that as per the ACL… the case is still under warranty?

    Yes. A manufacturer's warranty and the ACL consumer guarantees are two separate and different things.

  • User2049 on 09/04/2021 - 12:13

    You may be covered, the way the law is defined is what someone would consider reasonable. The reasonable lifespan for some goods such as TVs and Washing machines have been decided in court cases (think it's about 7 years).

    You probably could get it fixed under warranty but I doubt it would be worth your time pursuing the measure. Just buy a cheap one next time and be done with it.

    IMHO it's only worth pursuing ACL for high value items.

  • saintpotter on 09/04/2021 - 12:14
    +7

    Hmm I think contact a lawyer just to be sure. If they don't hang up on you I will pay you the $30.

    • spackbace on 09/04/2021 - 12:20
      +2

      Try calling Dennis Denuto?

      • DashCam AKA Rolts on 09/04/2021 - 12:26

        This is definitely all about the vibe.

        • Kangal on 09/04/2021 - 13:08

          Better call Saul

  • tsunamisurfer on 09/04/2021 - 12:39

    The OP is willing to have spent so much time over $30?

  • havebeerbelywillsumo on 09/04/2021 - 12:40
    +1

    It's all of $30 FFS, buy a new one….if it was DOA, you may have a legitimate gripe, but this, no.

  • Yummy on 09/04/2021 - 12:44
    +1

    I don't want PG to think that they are greater than the Australian Consumer Law.

    —$30 item—

    H…hi… Karen, is that you?

    • bobbified on 09/04/2021 - 13:16
      +2

      It might be Pam! 😆

      • kerfuffle on 09/04/2021 - 13:21
        +3

        Can't see Pam spending $30 on a phone case when a $4 miscalculation apparently ruins her food budget for the week.

        • bobbified on 09/04/2021 - 13:24
          +2

          LOL! you're so damn right! But her boyfriend might pay for it! 🤣

    • Lord Ra on 09/04/2021 - 23:13

      LOL!
      :D

  • joker0701 on 09/04/2021 - 14:12
    +2

    Posts like this make my day, imagine thinking you should get much more than a year out of a $30 case.

  • brendanm on 09/04/2021 - 16:50

    It really does take all kinds.

  • kfcfatfat on 09/04/2021 - 17:45
    +1

    ACL states the product need to be reasonably durable. They can argue that you didn't use the product normally. And $30 value can be argued that the product was designed for 1 year of usage.

    So just move on and get yourself a new case.

  • Lord Ra on 09/04/2021 - 23:14

    Thanks, everyone, will get a new kick stand for the case! :)

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