prl wrote:Gully wrote:I really doubt that there is any legal remedy that could force a retailer to provide a replacement when they do not have one available. It would be different if they still had stock.
Dealspace currently has 18 refurbished P2s in stock. Dealspace could easily buy one as a replacement.
Gully wrote:In the end, it will be a matter of looking at the spirit of the law rather than the actual wording and seeing as they are offering a full refund, I doubt the law would expect any more (perhaps the cost of returning it
)
I think that that's exactly what the ACCC (who administer this law) is trying to do when it's
writes:
For major problems with goods
If there is a major failure with the goods, you can:
- reject the goods and get a refund
- reject the goods and get an identical replacement, or one of similar value if reasonably available, or
- keep the goods and get compensation for the drop in value caused by the problem.
You get to choose, not the supplier or manufacturer.
[My emphasis on the last line]
And it doesn't matter that these are
refurbished items:
The consumer guarantees apply whether the goods are new, 'seconds' or second-hand.
The dealer's warranty can't take away these rights.
Peter, I agree entirely about this being the customer's right. People need to know what their rights are.
However I tend to agree with Gully that in practice it will come down to what's achievable, it's one thing to be in the right, it's another thing to be able to enforce your rights. It's a bit like having right of way over a semi trailer when you drive a mini moke - you might be in the right, but the fight might cost you more than the argument is worth.
The following excerpt from the Choice website gives their guidance for consumers and highlights the need to be willing to negotiate to get a mutually acceptable outcome:
"
Explain the problem
You should contact the store where you purchased the goods or service. You should explain, either in person or in writing, what the problem is and why you are dissatisfied with the goods or service. See our handy tools for a guide to what you may need to cover.
Suggest a solution
You should then suggest the solution that you would prefer ? repair, replace, refund or for services, have it redone. Ideally, you should be able to come to a mutual agreement with the retailer about the solution, based on your preference. You are entitled to a solution which puts you in the same situation as if the problem had never happened. For goods this may mean repair, refund or replacement, For services, you can ask for the job to be redone or to be paid for the costs of having it redone.
If the retailer is unable to meet your wishes it is reasonable to try and negotiate a solution acceptable to you.
The retailer should provide a temporary product
When you choose to have a product repaired, or replaced, the retailer should offer the customer a temporary replacement till the product is fixed, or the replacement has been provided, to cover any inconvenience.
The retailer should meet cost of transport/freight
If the retailer requires you to send the product to be repaired, replaced or refunded, the retailer should cover this cost.
If you are dissatisfied with the retailer?s response, you can take your complaint to the next level. Ask whether more senior staff at the retailer can review your situation or contact the state/territory consumer protection bodies agency.
State and Territory Offices of Fair Trading and Consumer Affairs
You can make a complaint to their State or Territory Office of Fair Trading, or Consumer Affairs agency. These agencies consider customer complaints and try to resolve them through conciliation with the trader. If they are unable to help, you may need to take your problem to the small claims court - the agency will explain how."
