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No refund/replacement offered

Discussion in 'Businesses and Service Providers' started by PilgriM, Mar 21, 2014.

  1. Heyas,

    A am trying to work out my next move (possibly on the ACCC front) in an ongoing saga with a pair of Dianese Goretex boots I purchased in late 2012, a plastic plug keeps falling out of the right side, this plug goes into the center of a hinged part of the boot that is metal, it essentially assists in keeping the boot water-proof, without it, they ain't water-proof no more..

    (Tried to upload a pic but kept getting an error).

    The problem, has occurred 3 times now, with 2 attempted repairs being done that have also failed to fix the problem, currently they are with the retailer, after the 3rd attempt by the distributor to fix the problem (presuming in the same way, just replacing the plastic plug).

    I have done nothing to cause the issue, other than put on the boots & ride my bike, I typically don't use these boots that often, preferring my dry weather Aplinestars, but when I go on multi day trips with the possibility of wet weather, I take the Dianese water proof ones.

    At this stage, I have told the retailer that I am not prepared to accept a 3rd attempt to fix the same issue, should be hearing from them today, hopefully with a result of full replacement or refund.

    If not, I need to consider my next move, which I believe will be go the the ACCC & complain, I feel I have given them more than enough chances to fix the issue, and am not being un-reasnoble to ask for replacement/refund, I know a couple of people with the exact same boot, none of them have experienced the same issue I have, so my reasoning is I just got a bad pair that are un-fixable.

    The retailer is PS, the guy assisting me has been very helpful so far addressing my concerns, & I am hoping he can express to the Dianese distributor how angry I am about there lack of consideration they seem to have for the fact that this particular pair of boots, are essentially a lemon.

    I guess the question here is, if I go to the ACCC, or use some other method of attempted recourse, will it be against PS or the Importer/distributor of the product??

    Does it sound like I have given them enough opportunity to repair the boots??

    Anyone else have an experience with going down this path (that I hope I don't need to go down).

  2. Yes it does sound like you have given them the opportunity to remedy the situation and they haven't.
    The boots are sold as waterproof and this failure makes them not waterproof so they would fail the fit for purpose/acceptable quality rule of Consumer law.

    Businesses that sell goods guarantee that those goods:
    • are of acceptable quality - the goods must be safe, lasting, have no faults, look acceptable and do all the things someone would normally expect them to do
    • are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit for
    • have been accurately described
    • match any sample or demonstration model
    • satisfy any express warranty
    • have a clear title, unless you otherwise advise the consumer before the sale
    • come with undisturbed possession, so no one has the right to take the goods away from or to prevent the consumer from using them
    • are free from any hidden securities or charges
    • have spare parts and repair facilities reasonably available for a reasonable period of time, unless the consumer is advised otherwise.
    I would say you will need to make the complaint against the retailer (Peter Stevens) they will involve the distributor I would guess.
  3. Found this on ACCC site, I would say the "they cannot fix the problem"applies here..

    If the problem with a product or service is minor, you must accept a free repair if the business offers you one.

    If the business fails to give you a free repair within a reasonable time or cannot fix your problem, you can:

    • get it done elsewhere and pass on the costs to the business
    • ask for a replacement
    • ask for a refund
    • recover compensation for the drop in value below the price paid.
  4. Yeah this is a easy case for you to get a full refund. They have tried to repair it twice and it has failed yet again. Quote that maybe with the specific statute number in the ACL and the salesman will most likely back down.
  5. Loctite superglue it will never fall out again
  6. Should have bought Sidi but seeing you didn't take em back dump them on the counter and tell them you aren't leaving the store until they refund your money and until they do you are going to point out your problem to every customer that passes you by.
    Or as Devil suggests, fix em and go back to chasing tail or whatever makes you feel warm and fuzzy.
  7. I just don't understand poofs with hinged boots, they're not required
  8. Oh, so you understand poofs ok but not the ones with hinged boots. Must remember not to wear my Sidi's to the next Devil invite night ya big horses hoof.
  9. Well proofs usually just like a nice sausage up them, these ones with hinged boots are just too demanding
  10. Prefer a nice cut of Roo myself with a red wine and saltbush sauce.
  11. VCAT. They'll negotiate with the retailer on your behalf, and if no joy there, it'll end up at a hearing. Been there, done that, won.

    The action is against the retailer. They have to deal with the distributor/manufacturer themselves.
  12. I've got a hinged boot, the best part about it is it unzips at the back and you enter it from the rear... Nothing poofy about that.
    • Funny Funny x 1
  13. Have you tried contacting the manufacturer direct? As far as I can see the retailer is doing everything that is required of them, maybe even the distributor. It's entirely up to the manufacturer to decide on the outcome.

    Standing at the counter carrying on and approaching other buyers would lead to the retailer getting their back up, escorting you out the store and no further help. If you deal with people how you like to be treated, you wont get the door shut in your face.
    • Like Like x 1
  14. FYI, the ACCC site says the purchase contract is between yourself & the retailer, they specifically say the distributor/importer has nothing to do with your consumer rights in regards to the actual purchase from the retailer.

    I thought maybe the distributor should be doing something too, but ultimately, the retailer is responsible...
  15. yeah so there
  16. As I said.
    Have you contacted VCAT? Or is there another authority?
  17. Unless I missed something, before approaching the ACCC why don't you just ask for a refund?

    Talk to the retailer, stay calm etc etc and just politely explain that you'd like a refund. Maybe even suggest a store credit to buy some new boots as well (good outcome IMO).
    • Like Like x 1
  18. @PilgriM@PilgriM what was the response to your asking for a refund?
  19. You remain calm and polite the whole way through and just keep repeating the magic sentence :

    Under Australian consumer law I am entitled to my choice of repair, replacement or refund of faulty goods, and I choose XYZ

    Have you done this yet? If not, why not? If yes, what was their response?