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Australian Consumer Law - Refund Even Without Packaging?

Discussion in 'Australian Consumer Law Forum' started by Cara N, 9 April 2014.

  1. Cara N

    Cara N Member

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    I bought a sandwich press/toaster 2 weeks ago for $90. It didn’t work (I tried multiple times), so I took it back and asked for a refund. They said they wouldn’t give me a refund or replacement, because it wasn’t returned in its box. Does is matter that I didn’t keep the original box under Australian Consumer Law? It's exactly the same - I didn’t damage it at all.
     
  2. Dianne F

    Dianne F Member

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    Hi Cara,

    I presume you also had the receipt, as you said you only didn’t have the original box. It doesn’t matter that you didn’t have the box it came in. The product is faulty and that’s that. You are entitled to a refund or a replacement. Go back to the store and ask them to either refund of replace the sandwich press (if there is another in stock, it should be very easy for them to grab another one for you). Perhaps speak to the manager who can authorise your request. I imagine things should get sorted quickly when they hear you standing up for your rights under the AustralianConsumer Law. Good luck.

    You might also like to check out the ACCC's site which has some good information - https://www.accc.gov.au/consumers.
     
  3. Elle W

    Elle W Active Member

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    Hello there Cara!

    Well, there's no direct statement in the Consumer Law that the product should be returned in its original packaging.

    It only states that you need to show a receipt or a proof of purchase.

    "A consumer who wants to make a claim about faulty goods or services against a supplier or manufacturer will generally need to show that they obtained the goods or services from that supplier or manufacturer. "
     
    Jennifer J likes this.
  4. Tim W

    Tim W Lawyer

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    It may also be useful to remember that
    junior front counter staff are not always properly informed.
    I would expect a manager (even a junior-ish "Duty Manager")
    to be aware of the store's obligations under ACL.

    I agree that there is no requirement to use the original packaging, and that the key requirement is to have proof of purchase (an EFTPOS docket, even if not a formal receipt, may be enough).
     
    John R likes this.
  5. Nicole

    Nicole Member

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