LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Faulty TV Bought Online - Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Frank H, 9 April 2014.

  1. Frank H

    Frank H Member

    Joined:
    9 April 2014
    Messages:
    1
    Likes Received:
    0
    I bought a new LED/LCD TV for just under $1400 from an online retailer. I have all the paperwork. The TV arrived last week, and on the second day of using it, all the pixels on the lower half of the screen were warped. I submitted a complaint ticket on the website I bought the TV from, but they said to deal with the manufacturer. So I went to the manufacturer’s site, but it said that they don’t deal directly with consumers, and to return any products with problems to where I bought it. What does the Australian consumer law say about this?
     
  2. Alicia L

    Alicia L Member

    Joined:
    9 April 2014
    Messages:
    1
    Likes Received:
    1
    Under the Australian Consumer Law, you are entitled to approach either the online retailer or the manufacturer for a solution as the product is faulty (not of acceptable quality). The retailer can’t just avoid its legal responsibilities by referring you to the manufacturer. The retailer may actually be breaching the law by telling you that your only recourse is to deal directly with the manufacturer. You have the right to deal with the retailer and they should assist you to resolve your complaint.

    Take a screenshot of the manufacturer’s site with the relevant wording and send it to the retailer explaining that, in accordance with the Australian Consumer Law, you require them to replace your TV.

    Hopefully that will get things on the right track and you’ll get a new fully functioning TV as soon as possible.
     
    DennisD likes this.
  3. Elle W

    Elle W Active Member

    Joined:
    17 April 2014
    Messages:
    9
    Likes Received:
    2
    Hello there Frank!

    Definitely NO! You can go either to the retailer or to the manufacturer.

    "If a good or service fails to meet a guarantee, a consumer will have rights against the supplier and, in some cases, the manufacturer, who will have to provide a ‘remedy’ - an attempt to put right a fault, deficiency or a failure to meet an obligation."
     
    DennisD likes this.
  4. HarrietJ

    HarrietJ Well-Known Member

    Joined:
    24 April 2014
    Messages:
    19
    Likes Received:
    2
    I absolutely HATE when retailers tell me this. I purchased a faulty MP3 player from a big Australian department store, and they tried to tell me I had to send it directly to the manufacturer.

    NOT LEGAL!


    I would recommend a quick look on the ACCC website - there is a lot of really easy to understand information about our rights as consumers. I pasted some below that I think could help you out!

    You can claim a remedy from the retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities.
    The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss.

    The retailer can’t refuse to help you by sending you to the manufacturer or importer.
    You can claim a remedy directly from the manufacturer or importer if the goods do not meet one or more of the following consumer guarantees:
    • acceptable quality
    • matching description
    • any extra promises made about such things like performance, condition and quality
    • repairs and spare parts - the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.
     
    DennisD likes this.
  5. DennisD

    DennisD Well-Known Member

    Joined:
    11 July 2014
    Messages:
    179
    Likes Received:
    57
    Hi Frank H

    Have you resolved this issue?

    As Alicia L and Elle W point out, consumer guarantees from the supplier include for: acceptable quality, fitness for purpose, correspondence with any description, also the goods must comply with any express warranty given. These guarantees are set out in sections 54 to 59 of the Australian Consumer Law (the ACL, which is set out in Schedule 2 to the Competition and Consumer Act 2010).

    As HarrietJ points out, a consumer can claim from the manufacturer of goods as a result of failure to comply with certain consumer guarantees. These guarantees include those set out clearly in HarrietJ's bullet list, as specified in section 271 of the ACL.

    Please let us know if you'd like some more clarification, or if you have any further questions that arise.

    Hugh
     
    John R likes this.

Share This Page

Loading...