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NSW Australian Consumer Law - Pay More Money to Rectify Shop's Mistake?

Discussion in 'Australian Consumer Law Forum' started by Aaron1, 26 July 2016.

  1. Aaron1

    Aaron1 Member

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    Hi,

    I purchased a bed, paid in full, and had to wait 10 weeks for it to be made. On the delivery of the bed, it was not the correct one. I called up and they said that the salesperson (who was the manager) entered the wrong code into the computer and that we now need to pay another $500 to get the correct bed.

    Do I have to suck this up and pay under Australian Consumer Law? They gave us a price for the bed we wanted and we agreed to it and paid it, now they want more.
     
  2. Rod

    Rod Well-Known Member

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    If the mistake was made by the shop you do not need to pay any more.
     
  3. Sophea

    Sophea Well-Known Member

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    No. The Australian Consumer Law sets out certain consumer warranties - things that stores must promise and if a retailer breaches those promises they must rectify the situation.

    A retailer must warrant or promise that any product you purchase must:
    • match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising
    • match any demonstration model or sample you asked for
    • be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing
    I would think that in this situation, your bed does not meet the description of what you ordered and therefore you are entitled to have the item replaced without charge with the correct one that you ordered. If they start arguing with you about it, stand your ground and tell them your rights under the Australian Consumer Law.

    Usually, if they realise you know your rights they back off. If they still don't agree to waive the additional charge, write them a letter demanding they supply the new bed free of charge and threaten to take it further and involve the ACCC or Dept of Fair Trading or whatever you have in NSW.

    You can read more about it here:
    Consumer guarantees | ACCC
     
    @thelawbundle likes this.
  4. Aaron1

    Aaron1 Member

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    Thanks all, I called them up and stood my ground and after talking to the boss there getting the correct one made free of charge. I just have to wait another 6-8 weeks for it :(
     

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