Saturday, Jul 28, 2012 at 17:41
The extract below is from the ACCC website and the portion below the second X's is an extract from the Act - that will allow you to find the relevant passage in the Clth law site. Taking action is not an option - you realy should do it not just for youself but all other consumers too - don't let them get away with it!!!
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How to use your rights when a product or service isn't right
Use the checklists below to make sure that your problem is something the business must help you with.
Checklist for when to use your rights
If you answer ‘Yes’ to any of these questions, it’s time to use your rights:
• Is the quality of the goods unacceptable?
• Are the goods unfit for the purpose discussed?
• Do the goods fail to match the description you got before buying?
• Do your goods fail to match a sample or demonstration model?
• Did the business fail to fulfil all their extra promises of quality and performance?
• Did the service provider fail to use reasonable care and skill?
• Did the service provider fail to do what you asked them to do?
• Was the service delivered in an unreasonable time?
Remember
You don’t automatically get a repair, replacement or refund.
You will need to show proof of purchase, such as a receipt or bank statement, lay-by statement or stamped warranty card showing the place of purchase.
You may be entitled to choose a repair, replacement or refund, but this depends on whether the product or service has a major problem. You will need to discuss this with the business to work this out.
Checklist for when your rights don’t apply
If you answer ‘Yes’ to the following questions, then you don’t have the right to ask for a repair, replacement or refund:
• Did you misuse the product in any way that caused the problem?
• Did you get the product or service you asked for, but have since changed your mind?
Steps for using your rights
1. Go back to or contact the business.
2. Explain the problem clearly and state that you want them to fix the problem.
3. If the business refuses to fix your problem, ask to speak to the manager or write a complaint letter
4. If the business still refuses to help, contact your local consumer protection agency or the ACCC.
It’s against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances. You can report businesses that say they never give refunds.
For more details see
• When can you use your rights to repair, replace, refund?
• Inquiry or complaint
• Rejecting and returning goods when there is a problem
• Cancelling a service contract
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Competition and Consumer Act 2010
Volume 3
Schedule 2
Part 3 2—Consumer transactions
Division 1—Consumer guarantees
54 Guarantee as to acceptable quality
(1) If:
(a) a person supplies, in trade or commerce, goods to a consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the goods are of acceptable quality.
(2) Goods are of acceptable quality if they are as:
(a) fit for all the purposes for which goods of that kind are commonly supplied; and
(b) acceptable in appearance and finish; and
(c) free from defects; and
(d) safe; and
(e) durable;
as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3).
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.
(4) If:
(a) goods supplied to a consumer are not of acceptable quality; and
(b) the only reason or reasons why they are not of acceptable quality were specifically drawn to the consumer’s attention before the consumer agreed to the supply;
the goods are taken to be of acceptable quality.
(5) If:
(a) goods are displayed for sale or hire; and
(b) the goods would not be of acceptable quality if they were supplied to a consumer;
the reason or reasons why they are not of acceptable quality are taken, for the purposes of subsection (4), to have been specifically drawn to a consumer’s attention if those reasons were disclosed on a written notice that was displayed with the goods and that was transparent.
(6) Goods do not fail to be of acceptable quality if:
(a) the consumer to whom they are supplied causes them to become of unacceptable quality, or fails to take reasonable steps to prevent them from becoming of unacceptable quality; and
(b) they are damaged by abnormal use.
(7) Goods do not fail to be of acceptable quality if:
(a) the consumer acquiring the goods examines them before the consumer agrees to the supply of the goods; and
(b) the examination ought reasonably to have revealed that the goods were not of acceptable quality.
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