Hello
Late last year I purchased some items online from the Myer website at a very reduced price. I then decided to keep some of the merchandise and return the ones that I didn't like (unopened and in pristine condition). I did not have a receipt as the online function of their website, etc was down. I did however take my credit card statement and delivery dockets for the items with me upon returning the items.
Myers return policy states the following:
Upon returning the items, I was giving a Returns Gift Card for the items at more than what I paid for them. I did query the Sales Person at the time and said that that is not what I paid for them. They said that, that is what the system has them as the price and that is in line with their current returns policy.
So I went on my merry way and used the cards over the next couple of months.
Today I have had an interview with the Police, as Myer wants to charge me with Fraud. I explained the above situation to the Police and they have said that as I made a personal gain from it, then it was Fraud. If I had bought them cheaply and then sold them on Ebay for a profit, then that is not considered Fraud. I said that I had pointed out to Myer that that is not what I paid for the items and that if I was trying to be deceitful and commit Fraud, then why would I use my MyerOne card for future purchases, when I know that all purchases can be tracked. I also mentioned that I brought it to the attention of the Store Manager and this took 4 attempts over two weeks before he would pay any attention to me.
I have had a look on the Qld site regarding Fraud and it states:
My question is, given Myers above Returns Policy on returning items without a receipt can I be charged with Fraud as I do not believe that there was an absence of control or safeguards and I was not trying to be deceptive or dishonest.
If I am charged, what are my chances in Court?
I have never been accused of anything like this before in my life and I have no criminal record. I make a very conscious effort to be completely the opposite of what they are accusing me of and I go out of my way all the time to help people and the companies I have worked for. I have found this to be very upsetting and am very concerned that if I am charged, that this will be with me for life.
Any help would be greatly appreciated.
Late last year I purchased some items online from the Myer website at a very reduced price. I then decided to keep some of the merchandise and return the ones that I didn't like (unopened and in pristine condition). I did not have a receipt as the online function of their website, etc was down. I did however take my credit card statement and delivery dockets for the items with me upon returning the items.
Myers return policy states the following:
Myer is Australia’s leading department store and we are committed to excellence in retailing. Customer satisfaction is an integral part of this commitment and this is reflected in our Returns Policy.
The Myer Returns Policy applies to all purchases made in a Myer store or online at myer.com.au. For your convenience, our merchandise may be exchanged or returned at any Myer store.
The Myer Returns Policy does not exclude or replace your rights given under the Australian Consumer Law and regulations.
CHANGE OF MIND
If you have simply changed your mind and you are able to provide a valid receipt, Myer may offer you an exchange or refund provided that the merchandise:
and the exchange or refund is sought within 30 days of purchase.
- is in saleable condition
- is unworn or unused with all original packaging and tags attached
- is not subject to the exclusions listed below
At times throughout the year, Myer may extend the 30 day period to allow for gift giving periods such as Christmas.
If you are unable to provide a valid receipt and/or 30 days has passed since the original purchase date, Myer at its absolute discretion reserves the right not to offer an exchange or refund for change of mind. In such cases, Myer may, at its absolute discretion, provide you with an exchange to the current value of the merchandise.
Myer is not required to provide you with a copy of your original receipt to facilitate an exchange, refund, insurance or warranty claim.
Upon returning the items, I was giving a Returns Gift Card for the items at more than what I paid for them. I did query the Sales Person at the time and said that that is not what I paid for them. They said that, that is what the system has them as the price and that is in line with their current returns policy.
So I went on my merry way and used the cards over the next couple of months.
Today I have had an interview with the Police, as Myer wants to charge me with Fraud. I explained the above situation to the Police and they have said that as I made a personal gain from it, then it was Fraud. If I had bought them cheaply and then sold them on Ebay for a profit, then that is not considered Fraud. I said that I had pointed out to Myer that that is not what I paid for the items and that if I was trying to be deceitful and commit Fraud, then why would I use my MyerOne card for future purchases, when I know that all purchases can be tracked. I also mentioned that I brought it to the attention of the Store Manager and this took 4 attempts over two weeks before he would pay any attention to me.
I have had a look on the Qld site regarding Fraud and it states:
What is Fraud
Fraud is behaviour that's deceptive, dishonest, corrupt or unethical.
For a fraud to exist there needs to be an offender, a victim and an absence of control or safeguards.
Here in Queensland, the laws on fraud involve dishonesty in any of these situations:
- obtaining property belonging to someone else
- applying someone else's property to one's own use
- causing a detriment to another person or entity
- gaining a benefit or advantage for any person; and
- inducing or causing any person to deliver property to another person
My question is, given Myers above Returns Policy on returning items without a receipt can I be charged with Fraud as I do not believe that there was an absence of control or safeguards and I was not trying to be deceptive or dishonest.
If I am charged, what are my chances in Court?
I have never been accused of anything like this before in my life and I have no criminal record. I make a very conscious effort to be completely the opposite of what they are accusing me of and I go out of my way all the time to help people and the companies I have worked for. I have found this to be very upsetting and am very concerned that if I am charged, that this will be with me for life.
Any help would be greatly appreciated.