Consumer Rights (OT)

[kipper]

This is a little off topic but I wanted to know what are your rights as a consumer in regards to damage products. My parents just came home with a brand new breadmaking machine. When they left I said to them "don't ever listen to anything a salesperson says". Little did they head my words. While at the store the box was damaged and my parents noticed this and said to the salesperson that it was damaged. The response "the product is well protected on the inside and 99% of the time they're fine". So when they brought it home and I unpacked it I found a big crack in the plastic body. My mother got straight on the phone and spoke to the salesperson and from the gist of the conversation it sounded like they were telling her "sorry, but you will have to bring it back". Now this wouldn't be so bad if it was just around the corner but the shop is like 40min each way. So I piped up and said to my mum that it's bullshit and I told her to tell the salesperson they'd have to courier out a new one. The salesperson then went to the manager and explained the situation and how we wanted a new one couriered. They pretty much told us that they won't and we'll have to take it back to be replaced or for refund.

[digitor]

Sounds perfectly reasonable to me. If the box was damaged, it would have been a good idea to check the goods inside, or ask for an undamaged one, don't you think?

Cheers

[kipper]

Yeah, that's what I told my parents but the salesperson shouldn't of told them that it would be 99% ok, and not to worry about it.

[Catcha]

In they end they have your money, you have paid for the goods. The manager and them are happy to exchange it since it's faulty. But in the back of there minds if you really want it exchanged your going to have to go back to the store. Smart Sales guy "should be 99% ok" so there is no guarantee or still that 1% room for error.

Think you pretty much have to bite the bullet and go back, sounds unfair in your case but that's how it's going to have to be

[goodrich62]

OH That sneaky 1%
Sometimes stores have to remember a thing called customer satisfaction. I would not exchange it but return it for money back get it somewhere else and let the store know that was the last purchurse from there. Woun't help your Mum but maybe others
What a good salesperson would have done is said " Oh the box is damaged lets take a look inside to make sure every thing is OK" Not a big deal but it would have saved a customer and you a big hassel.
Contray to popular belief not all salespeople are "Blood Sucking Insects" just most.

[Catcha]

they will do anything for a sale, that 1% just gives the excuse that he didn't a guarantee, but assumed. Least there willing to exchange. and by consure rights they should.

[kipper]

Catcha I work in the Electrical side of the Goods and Services Industry. We build and manufacture switchboards for the HVAC Industry and also sell on products such as HVAC Industrial Controllers. If we supplied a client with a broken or damaged product and then told our client they'd have to fork out the delivery costs to replace the item they'd laugh at us.

[Catcha]

Yep and your right and I can see where your coming from totally, but depending on where your parents purchased it from and how much they value there customers service.

[LOZ]

kipper This is a great oppunity to take it back and get a full refund those bread makers are bloody useless if your parent keep it they will use it 4 times max.

Swap it for a expresso maker then it will be used everyday .
loz

[kipper]

Well I bought one for my sister, she uses it a lot. My parents bought one for my Nan she uses it a lot. My mums cousin has one, she uses it a lot. All successfully too. The problems are that most of the documentation that come with these units really suck.

[gstark]

Darryl,

How did they pay for it?

if they paid by credit card, get on the blower to the store and speak with nobody loweer than the store manager.

Politely but firmly invite him to courier a repolacement unit to you within the next 24 hours. Failing that, you will be instructing your credit card company to dishonour the payment because of their failure to comply with the Sale of Goods Act.

If you didn't pay by CC, return to the store and get a full refund, making sure (fairly loudly, if at all possible) that the store management is fully aware that you will be buying the same product elsewhere because of their poor management decisions and support.

[kipper]

Yeah they payed by CC, too late Gary. My oldman went back to the store and is apparently over at the supermarket now. Not sure if he got his money back or what.

[kipper]

Garry, what does the Sale of Goods Act state in matters such as this. Also do you have an online reference to the Act so that I can show my parents.

[nigels]

I may be a real softy, but if I owned the store, I would have driven out myself, replaced it, apologised and would have supplied a couple of dough mixes as well.

But I guess thats me, customer service is paramount in my mind and if the customer is at all reasonable, I will go out of my way, you know, that extra little bit.

Word of mouth is a far stronger promotional element than many people realise. Just a little here and a little extra there often provides big dividends, not to mention that two people with a new bread maker are extremely happy with the service and will probably go back to the same store.

Unfortunately, life isn't like that any more, perhaps I'm living 20 -30 years in the past.

But perhaps not, there are indeed many people on this forum who display similar attributes.

Regards
Nige (Joker)

[gstark]

Garry, what does the Sale of Goods Act state in matters such as this. Also do you have an online reference to the Act so that I can show my parents.

No online reference, but the item must be suitable for the purpose for which it's intended. It's been a long time, but I think it must also be in good condition, or at least in the condition as described, which in this case it wasn''t.

And an electrical appliance with a cracked casing is clearly not fit for the purpose for which it was intended (there are safety issues too) either.
Go to your state's Dept of Fair Trading website; they will give your all the ammunition you need.

[MATT]

I havn't read the whole thread . But if I was in the store and noticed the box was damaged, I would have asked for a new one reguardless of the salesman. If it happened to be the last one I would have opened it and checked.

As a consumer you have to take some responsiblity for your own protection.

Just go back drive the 40 mins and get it replaced.


MATT

[sirhc55]

I have always checked what is in the box - in the UK you learn this lesson early because a lot of items are sold without a mains plug! There is an old adage ”Always check before handing over the cheque!”

[bago100]

Kipper

I had a look at the Victorian Sale of Goods (Vienna Convention) Act of 1987

You'll find it here;

http://www.dms.dpc.vic.gov.au/Domino/We ... 35a001.pdf

The act (in part) says

(2) Except where the parties have agreed otherwise, the goods
do not conform with the contract unless they—
(a) are fit for the purposes for which goods of the same
description would ordinarily be used;
(b) are fit for any particular purpose expressly or
impliedly made known to the seller at the time of the
conclusion of the contract, except where the
circumstances show that the buyer did not rely, or that
it was unreasonable for him to rely, on the seller's
skill and judgement;
(c) possess the qualities of goods which the seller has
held out to the buyer as a sample or model;
(d) are contained or packaged in the manner usual for
such goods or, where there is no such manner, in a
manner adequate to preserve and protect the goods.

Now paragraph A talks about the goods being fit for what was intended.

Clearly, the breadmaker is not fit for what was intended. Also if you consult the relevent fair trading act, there are considerable fines for traders who give information that is misleading and deceptive. You could argue that the salesmans assurances regarding the damaged box formed part of the original contract and therefore his conduct was deceptive and misleading.

If I were you, I would go back and speak to the manager of the store. I would point out very firmly that you have legal rights given to you by statute and that you believe that by their supplying you with a defective product and ongoing refusal to honour their contract with you then you believe they may be breaching various consumer laws.

As Garry said, the Victorian State Consumer Affairs Office would help you Kipper

You did say, in your original post that the retailer offered you a refund. Now you probably won't like what follows (sorry)

Whilst you may well want compensation for your time and effort to cover the 40kms travel each way, it appears from what you say that you did not agree what would happen in the event of defect due to defective packaging at the time of contract. In the absense of such agreement, it may well be argued that reimbursement of your costs are not the responsibility of the retailer.

However, if you follow the deceptive and misleading conduct claim, you could mount an argument that you would not have accepted the damaged box without the salespersons assurances and that the costs that you have subsequently incurred are the fault of the salesperson and that you have incurred unnecessary costs and require re-imbursement.

There you go! Good luck

Hope this helps

Graham

[kipper]

Sirhc55, you and me both dude. I've come to the point where I will always check goods before walking out. Too many times have I been put out and had to return to the store with a faulty product. I think I've been only caught out maybe 1% of the time where I've been lazy and haven't bothered.

While we're on this point, remember to ensure that you check your D70 before leaving the store. Ted's at Chadstone, the girl there pulled the D70 out of the box and showed me all parts in the box before sending me on my way.

[Catcha]

Sirhc55, you and me both dude. I've come to the point where I will always check goods before walking out. Too many times have I been put out and had to return to the store with a faulty product. I think I've been only caught out maybe 1% of the time where I've been lazy and haven't bothered.

While we're on this point, remember to ensure that you check your D70 before leaving the store. Ted's at Chadstone, the girl there pulled the D70 out of the box and showed me all parts in the box before sending me on my way.

That's customer service for you