NSW Australian Consumer Law - Refund on Smartphone?

Discussion in 'Australian Consumer Law Forum' started by Krish1992, 19 September 2018.

  1. Krish1992

    Krish1992 Member

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    Hello,

    I bought a smartphone. It's been 10 months since I bought it. The phone has no physical damage but I'm having issues with battery life, touch responsiveness, voice clarity, bluetooth. So I decided to return the phone and went the store explained the issues. I asked them for a refund because I wanted to signup for a new phone+sim plan.

    The problem is that the store manager said that according to their policy they can't give me a refund. He insisted on getting a new phone from their store or take their vouchers (1yr validity) to buy anything else at their store. It seems unfair to me.

    Any help on this matter would be greatly appreciated. Also please refer me to the Australian Consumer Law related to this.

    Thanks
     
  2. GC.

    GC. Well-Known Member

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    The store's policy cannot override the law.

    If the phone is defective then they need to either repair, replace or refund. Store credit is not an acceptable substitute for a refund.

    I am not a lawyer, but my understanding is that if they are offering to replace it with an identical phone (that is not defective) then they are fulfilling their obligations and you don't have any right to demand a refund. If they are replacing it with a newer product that has the same features, then they are possibly (maybe?) fulfilling their obligations, however if the replacement is missing a feature that you use, is cheaper, or is of an inferior brand, then you probably have the right to refuse (someone more knowledgeable than me can correct this).

    If they offer the choice of an identical replacement or store credit, then that is legal as they have fulfilled their obligation by offering a replacement (taking store credit would then be your choice).

    The ACCC outlines your rights at...
    Repair, replace, refund
     
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