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624 posts

Ultimate Geek
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Topic # 150771 2-Aug-2014 16:29 Send private message

Hi all

Just wanted to post a question and get some advice on what you guys think are my rights as a consumer. 

<Background_Story>

I recently purchased a dishwasher from Kitchen Things on Dominion Road, Mt Eden, Auckland. Paid in full over the phone and got emailed the invoice. No problems - they said come pick it up over the next weekend, they will call to confirm. They called on Wednesday and said yup the item is ready for pick up -> informed them we will come in the weekend to pick it up since we work weekdays till 5.30. No issues. 

I arrived on Saturday to pick it up. Arrived in store and was told by the salesperson who I was dealing with that he does not know where the dishwasher is. I asked so he has no idea where it is? He said he just doesnt know where it is and he cannot find it and he can get another one in the following week. I thought that is kind of incompetent on their part, me taking out time to go get it but they "dont know where it is". Told him to get it delivered to my home with free shipping since they mucked me around. He said this is not store policy.

So I get in touch with the store manager and got the lowdown of what happened. He informed me that they shipped that dishwasher to another store for someone else. I asked him again, can they deliver it free of charge - he tells me this is not store policy. I told him that he has to offer some sort of compensation or something due to this incompetence on behalf of the company. All he said was, he can offer me "a competitive price on the next purchase". Not good enough for me since I dont think I will be shopping with them again.

I said ok, I have to arrange pick up once again. So I finally got the opportunity to go pick it up this weekend. But at this stage, I did not want to deal with them because of their lack of customer service and after hearing not that great things about the dishwasher I purchased (Smeg), I asked what is the refund process. The manager informed me that I would need to come in store with my credit card for the refund. I said ok I will come down this weekend for that. 

I then get an email this morning from the store manager saying that he has spoken with the regional manager and is able to offer me free delivery. I go in store asking them if they can give me the refund. He then went on to tell me that there is a 20% restocking fee. I was stumped. I thought that was quite unfair. I told them that they still have the dishwasher with them, I haven't even got it yet and how can they ask me to pay 20% restocking fee after mucking me around so much. And why he didnt mention the fee to me earlier - I have no idea. I asked to get a copy of their company policy on this. 

So under their Standard Terms & Conditions of Sale, they have in Clause 9 (Cancellation or Suspension of Contract), "If a customer refuses to accept the goods, or the Company considers that the Customer is unable to pay their debts as they fall due or the Customer breaches any terms of a contract governed by these Standard Terms of Sale, the company may: (clause 9.1.6) Cancellation of any orders once accepted by Kitchen Things suppliers will be subject to a 20% restocking charge".

I informed them that I have not received this terms & conditions when I purchased the items (it is printed at the back of an invoice but since my invoice was emailed to me, it was not included). I told them if I can please have the terms & conditions to consult with my friend and get back to them about this.

</Background_Story>

I would just like to know if I am within my rights as a consumer to ask for a full refund? 

Thanks in advance!

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11131 posts

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  Reply # 1100712 2-Aug-2014 16:55 One person supports this post Send private message

Call your bank. Get them to do the work.




Richard rich.ms



624 posts

Ultimate Geek
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  Reply # 1100715 2-Aug-2014 16:59 Send private message

richms: Call your bank. Get them to do the work.


What would the bank do?

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  Reply # 1100719 2-Aug-2014 17:01 Send private message

I don't believe that they can add additional terms after sale (which is the point that you pay them). In my opinion you also shouldn't have to pay a restocking fee for something that was never "unstocked" in the first place!

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Ultimate Geek
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  Reply # 1100721 2-Aug-2014 17:04 3 people support this post Send private message

The new section 5A of the Consumer Guarantees Act might help the OP:

5A Guarantee as to delivery
  • (1) Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer—
    • (a) at a time, or within a period, agreed between the supplier and the consumer; or
    • (b) if no time or period has been agreed, within a reasonable time.
    (2) Where the delivery of the goods fails to comply with the guarantee under this section, Part 2 gives the consumer a right of redress against the supplier and, in that case, the consumer may,—
    • (a) if the failure is of a substantial character, reject the goods under section 18(3); and
    • (b) in any case, obtain damages under section 18(4) (other than damages relating to the remedies set out in section 18(2)), whether or not the consumer also rejects the goods.
    (3) For the purposes of this section, the reference in section 20(1)(b) to an agent of the supplier must be treated as including any carrier or other person who undertakes to deliver the goods on behalf of the supplier. (4) A consumer’s rights of redress under Part 2 in relation to the guarantee under this section are limited to those specified in subsection (2).




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  Reply # 1100723 2-Aug-2014 17:04 Send private message

Krishant007:
richms: Call your bank. Get them to do the work.


What would the bank do?


Reverse the CC transaction perhaps? I believe there is a limited window of opportunity to do that, so not sure whether that would work.

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Ultimate Geek
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  Reply # 1100725 2-Aug-2014 17:22 One person supports this post Send private message

long story short

you have changed your mind on wanting the item and you want a full refund?

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Uber Geek
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  Reply # 1100734 2-Aug-2014 17:24 Send private message

I would ask to speak to the owner, or write a letter. I think they should have delivered it to you for free and install it, that is the least they can do, as they made the muck up, and you will incur additional costs in your time and transport. So I think they should have done that initially. But it does sound like you since changed your mind based on the product as well as the service, and they probably are within their rights to charge a restocking fee. Although because it was never in your possession, it will still be able to be sold as brand new, so it shouldn't be a large one, maybe the cost of transport both ways. 
For your information I purchased a dishwasher from Harvey Normans, and picked it up myself. When I got it home it had a imperfection in the front. They delivered the replacement and installed it at no charge for the inconvenience, that is just good customer service. If you are looking for another brand, Bosch and Asko would be my two to picks.



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Ultimate Geek
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  Reply # 1100743 2-Aug-2014 17:45 Send private message

Hmm. Since they did muck up the pick up times to begin with, they do owe some form of compensation yes. I just dont feel its fair of them to ask me for a restocking fee given that they mucked me around the first time round and that they still have the dishwasher with them in their store - also the price of the dishwasher has now increased and they should easily be able to sell it off!!. 

I will try to go tomorrow and talk to them and see if they are willing to give me a full refund before taking it further - would Consumer NZ handle this sort of case? 



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  Reply # 1100744 2-Aug-2014 17:49 Send private message

Hand them a bill of 25% of the cost of the dish washer for time and transport and tell them you'll waive the charge if they waive theirs 




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Ultimate Geek
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  Reply # 1100745 2-Aug-2014 17:50 4 people support this post Send private message

but the reason you are not picking it up is because you just don't want it any more. yes you have been mucked round and they have offered you something for that. free delivery and a competitive price on your next purchase. but you just dont want the item any more.

i doubt consumer would touch it,



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Ultimate Geek
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  Reply # 1100748 2-Aug-2014 17:54 Send private message

Oh I actually have not had the time to go pick it up since that first weekend. I finally got some time out this weekend to sort this out. Since then they have not been in touch or anything. If their after sales service is so horrible, I just dont want to know how bad their warranty service would be! And from reading about Smeg - I think it might have issues in the future..

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  Reply # 1100762 2-Aug-2014 18:04 Send private message

Krishant007:
richms: Call your bank. Get them to do the work.


What would the bank do?


Charge back to the credit card the purchase was done on.

Merchant agreement basically says you cant charge for something you dont have.




Richard rich.ms



624 posts

Ultimate Geek
+1 received by user: 22


  Reply # 1100764 2-Aug-2014 18:08 Send private message

richms:
Krishant007:
richms: Call your bank. Get them to do the work.


What would the bank do?


Charge back to the credit card the purchase was done on.

Merchant agreement basically says you cant charge for something you dont have.


But can they charge me any penalties after that - if they take me to disputes tribunal or anything?

609 posts

Ultimate Geek
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  Reply # 1100767 2-Aug-2014 18:14 Send private message

Krishant007: Oh I actually have not had the time to go pick it up since that first weekend. I finally got some time out this weekend to sort this out. Since then they have not been in touch or anything. If their after sales service is so horrible, I just dont want to know how bad their warranty service would be! And from reading about Smeg - I think it might have issues in the future..


thats something you read about before buying something not after, thats why you should do research

sounds very much like buyers remorse mixed with poor customer service

you also said in your first post they offered delivery??

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  Reply # 1100771 2-Aug-2014 18:20 Send private message

They can try but under the cga you can go for consequential stuff so you just say they owe you heaps and they will shut up about it.




Richard rich.ms

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