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WA Australian Consumer Law - How Long Should I Wait for a Refund?

Discussion in 'Australian Consumer Law Forum' started by JuliaJ, 13 November 2015.

  1. JuliaJ

    JuliaJ Member

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    Within 2 hours of purchasing a product, I discovered a fault and returned it to the store for a refund (as they had no others in stock). The store says they must send it back to the manufacturer, which will take 2 weeks, then they will give a refund if the manufacturer states there is a fault. I bought the item specifically for a trip I am taking in 5 days and, being expensive, I can't afford to buy another one from a different store without my refund, so my trip will be ruined. Is it legal to make people wait so long for a refund? What rights do I have under Australian Consumer Law?

    Thanks for any replies.
     
  2. Paul Cott

    Paul Cott Well-Known Member

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    Hi Julia,

    I don't think there is any rule as such as to the length of time you have to wait. Really though, if it is faulty and it's clear it is and so not of merchantable quality or fit for its purpose, then the shop should refund you immediately. I would ask to see the manager.
     
  3. JuliaJ

    JuliaJ Member

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    Hi Paul,

    Thanks for your reply. It is the manager that says he won't refund until after sending the product back to the manufacturer. However, I described the fault to the manufacturer by phone and although they haven't yet seen it, they have supplied me with a letter saying the product should not exhibit such a problem (without actually calling it a "manufacturing fault") and I would certainly not have bought it had I known about the problem. Should that be sufficient legally to demand an immediate refund?
     
  4. Paul Cott

    Paul Cott Well-Known Member

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    Julia, I think it should be. If you show the manager the letter, he should refund you then and there. It is clearly not of merchantable quality and or not fit for purpose.

    Therefore, you should be immediately refunded.

    The problem may be to enforce the right, maybe you need to go even higher than the manager if possible, to head office or similar.

    Or maybe if you have the time go to a community legal centre in your area to get them to write a letter to the shop.
     

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