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TAS Am I Entitled to Refund Under ACCC?

Discussion in 'Australian Consumer Law Forum' started by Eviriany, 4 October 2016.

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  1. Eviriany

    Eviriany Member

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    Is there any relevance to obtaining a refund and/or replacement product under ACCC guidelines for a "major problem" ?

    I e-mailed my retailer directly and was fobbed off. They said something along the lines of US rulings not having anything to do with Aus (duh), but in my e-mail, I was not asking about the $30 that the US settled but a full refund entitled under ACCC standards.

    I wrote something to the effects of:

    "I am enquiring as to your stance on the falsely advertised specs of the 970, and the steps to take to get a refund on the product as per the ACCC standards stating the following:

    When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.

    A product or good has a major problem when:

    - it has a problem that would have stopped someone from buying it if they’d known about it
    - it is unsafe
    - it is significantly different from the sample or description
    - it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed."

    Source: Repair, replace, refund | ACCC

    I find that both "it has a problem that would have stopped someone from buying it if they’d known about it" and "it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed." apply in this case, per Nvidia's implied admission of guilt, through the settlement they came to in US in regards to the same.

    Source for above settlement: Nvidia Settles Graphics Card False Advertising Class Action

    Thanks for any and all help with this
     
  2. Eviriany

    Eviriany Member

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    For more information - They falsified at least the ROP count and L2 Cache along with how the VRAM was compiled.
     
  3. Rod

    Rod Well-Known Member

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    The NVida 970 card is acknowledged as having been sold with the publication of an incorrect specification and this means you likely have a manufacturer liability problem under the ACL. ie Manufacturer is to provide the refund, not the retailer. However you are entitled to a refund from your retailer if they either bought from overseas or fail to tell you within 30 days of request who is their local supplier: section 147 ACL. It is a handy little deeming extension to the ACL :)

    Surprised your retailer won't refund you anyway. It isn't MSY by any chance?
     
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  4. Rod

    Rod Well-Known Member

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    Soz, rushed my answer forgot 147 is limited to safety defects.

    Section 259 is the one you want. No need to bother about manufacturer. Problem is with the supplier.
     
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  5. Eviriany

    Eviriany Member

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    Purchased from pccasegear, and their response was very non-committal and said essentially they are waiting on instruction from nvidia about anything and that the 30 is only for US customers, which is fine but I figure under the ACCC, I wouldn't have purchased it if I'd known about the issues.
     
  6. Rod

    Rod Well-Known Member

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    Wrong spec is pccasegear's problem and they need to fix it. You can demand a refund from the Australian supplier. They can then sort out what they do with their supplier.

    Buying a high end graphics card for it's performance is to be expected. If the spec doesn't match it's real performance a refund is the only solution. A repair is not going to make it match the published spec.
     
    Eviriany and nguyenthithuyhang like this.

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