- November 28, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: Assisting with Business Dispute Regarding Faulty Product Refund
Title: Legal Assistance Needed: Dispute with Business Over Faulty Product Refund
I am currently facing a challenging situation with a business that is refusing to provide a refund for a faulty product I purchased. The item in question is a pair of Focal Clear headphones, which I bought for a discounted price of $800. Within two weeks of using the headphones, I noticed that they were producing a buzzing and rattling sound, indicating a defect in the product. Upon conducting further research, I discovered that this is a common issue with the Focal Clear headphones and that the fault is present in the product from the time of purchase, rather than being caused by usage.
I promptly contacted the retailer to request a refund for the defective headphones. They instructed me to return the item via registered post and to insure it for the full purchase value, at an additional cost of $60 to me. After waiting for three weeks, the retailer informed me that they had assessed the product and concluded that it was not faulty. Their proposed solution was to return the headphones to me at my own expense. Upon investigating the retailer further, I found that they have a history of using this tactic to avoid issuing refunds to customers. Additionally, I learned that they are no longer an authorized partner for the Focal brand and lack access to the brand’s repair facilities, meaning that an untrained individual assessed the returned product.
In light of these circumstances, I am seeking guidance on how to proceed with addressing this dispute and securing a refund for the faulty product. Any assistance in navigating this situation would be greatly appreciated.
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****** just grabbed a
Take it to the tribunal
NAL. They are required by law to offer a replacement or refund. I had a similar issue with CEX, bought a second-hand phone, and after 3 days, it wouldn’t charge. Took it back, and they refused to refund it.
The item was clearly “not fit for purpose,” but if you knew about this issue when you purchased it, you may have an issue as this being disclosed before purchasing indemnifies them of responsibility.
Edit: Fair Trading first, then ACCC.
Tell them you’ll take it to the ACCC. Best case they’ll fold and give you a refund. Worst case, assuming you have a receipt, you have to wait for a replacement or refund, but you can insist on a refund.
Credit card chargeback
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Get it assessed by an authorised repairer. If it is faulty, you should be able to get it repaired through the manufacturer.
Otherwise you’ll likely need to go through the tribunal but you’ll need the assessment anyhow to prove the case. You’ll struggle to win if you’re stating it’s faulty when they have a technician’s report saying otherwise.
Is the retailer based in Aus?
https://www.choice.com.au/shopping/consumer-rights-and-advice/your-rights/buying-guides/know-your-consumer-rights
Need to contact your state fair trading or similar, linked at the bottom of this article.