Daniel Huang, as I understand from our recent phone call you said you escalated this case for a full refund/ exchange.
I will refer this case to the ACCC after 10 business days, then take legal action.
The outcome I want is a refund or replacement. If this doesn't happen I will proceed with the following steps:
Step 1.
I will wait for a response within a reasonable time— 10 business days.
Step 2.
Contact the ACCC
Step 3.
Take legal action
Under the ACCC government law Australia you should understand my consumer rights:
If a product or service you buy fails to meet a guarantee, you have a right to a
remedy such as:
• refund
• repair
• replacement or exchange
• compensation
• cancellation of contract.
The remedy you are entitled to will depend on whether the failure to comply with
the guarantee is major or minor.
Remedies explained
Refunds for goods
The seller can offer you a refund for a minor problem. If the problem is major you
have the option to choose a refund, and the seller must not refuse or insist that
you accept a credit note, exchange card or replacement.
The seller must also return any other form of payment you might have made such
as a trade-in. If this is not possible (if, for example, they have sold the product you
traded in) they must refund you the value with another form of payment.
Claims against manufacturers and importers
You can seek damages directly from a manufacturer (or importer if the
manufacturer does not have an office in Australia) where there is a failure of the
consumer guarantees for:
• acceptable quality
• matching description
• repairs and spare parts
• express warranties.
If a manufacturer fails to comply with one of these guarantees, you may be
entitled to damages for the reduction in the product’s value. The amount you can
claim is limited to the price paid for the product, or the average retail price of the
product at the time it was bought, whichever is lower. You may also be entitled
to losses that could be reasonably attributed to the failure, including any costs
incurred in returning the product to the manufacturer.
A manufacturer will not have to pay damages if they have provided you with a
repair or replacement under an express warranty. However, if you have asked
the manufacturer to provide you with a repair or replacement under an express
warranty and they have refused or failed to do so within a reasonable time, you
are entitled to the damages set out above.
I formal letter of complain will follow this email.
Thank you.
Regards,
Tristaan Polkinghorne
