NSW Found Major Fault in Product - Entitled to Refund or Replacement?

[Ramah]

Just an update.

I contacted the ACCC this morning and explained the situation, they reiterated the advice I was given here that as it's a major fault (system not working and in need of a replacement rather than a minor repair) then we are entitled to a refund from the retailer.

I called the retailer and I have the conversation recorded. The lady stated that as it's not their product, regardless of whether they supplied it or not, my guarantee is with Dux (the manufacturer) and that they will not issue a refund. I'm currently waiting on the owner of the business to contact me sometime today, failure of that, I will email them a request for the refund under the Australian Consumer Law.

Thank you once again for your help, I hope this gets resolved soon!

 

[Rod]

Thanks for the update. Nice to know at least one government department understands the law

 

[Ramah]

I really appreciate your help Rod, I'm from the UK and our trading standards are somewhat different so I didn't even know where to begin to remedy this situation! I didn't hear from the owner of the business so I have emailed them outlining everything and I have given them 24 hours to respond (since from day 1, I have done the chasing and haven't had a single call back)

If my Wednesday morning I haven't heard anything then I'll be lodging a formal complain with the ACCC and NCAT. I'll let you know what happens

Thanks again!

 

[Ramah]

Another update, this thread may come in handy for someone in the future

After sending the email addressed to the owner of the company, I received a call from him this afternoon. He was surprised to hear that I am entitled to a refund. He apologised for the lack of communication as I made it clear to him over the phone that I was disappointed with the level of customer service (or lack of) that I have received. He said that he wanted to get more information from Dux and I explained that he's more than welcome to get information from them but I am not claiming under the Dux warranty, I am in fact exercising my rights under the Australian Consumer Law in regards to a faulty product supplied by the retailer which is not fit for purpose and I suggested that if he had any doubts to my entitlement to a refund then to contact the ACCC himself.

Now, I'm waiting from a call from him tomorrow to see how he's going to resolve this. I explained that I would like to resolve this between ourselves but if it comes to it then I would pursue the matter legally.

 

[Ramah]

Hi!

Just a final update.

After a few emails and phone calls from the company owner, he seemed completely oblivious to his obligations but was very polite about it and admitted that he didn't know the law well despite having the company since 1993. Anyway, I emailed him with the legislation and I just heard back today, he's agreed to the refund and requested my account details

Thank you, Rod, your help is very much appreciated! I'm very grateful!

 

[Rod]