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Topic # 233670 27-Apr-2018 08:39
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"The Commerce Commission has laid nine charges against retailer Noel Leeming Group Limited (Noel Leeming), for alleged misrepresentations about consumers’ rights under the Consumer Guarantees Act (CGA).

The charges are under the Fair Trading Act, as it is a breach of that Act to mislead consumers about their rights under the CGA.

The charges follow the Commission’s investigation into complaints where Noel Leeming customers allege they were misled about:

 

  • the right to seek remedies for faulty goods from Noel Leeming and not the manufacturer
  • the right to a refund for a faulty product
  • the right to a replacement for a faulty product.

Each charge relates to a different complainant and the alleged conduct occurred between September 2015 and January 2017 at eight Noel Leeming stores across New Zealand. The complainants purchased or considered purchasing consumer goods such as mobile phones, laptops and household appliances.

Noel Leeming supplies consumer electronics from 77 stores nationwide and via online sales. It is a wholly owned subsidiary of The Warehouse Group Limited.

Since 2007 the Commission has issued warnings or compliance advice letters to Noel Leeming on three occasions."

 

I have to admit.... reading this feels quite warming this morning....





________

 

Antonios K

 

 

 

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  Reply # 2003240 27-Apr-2018 08:46
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These guys and Harvey Norman are the worst. They shove 'extended warranty' down people's throats, and good luck getting support if you didn't buy it. Becomes a sh!t fight in the shop.

 

Years ago, partners laptop stops charging at around the 1 year mark. So we go to NL, and I get in to a argument with the assistant as they try and tell me the battery is considered consumable and not part of the warranty - of which I said the thing isn't fit for purpose without a functioning battery, a letter to head office later and the battery gets replaced. But it shouldn't be that hard!


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  Reply # 2003304 27-Apr-2018 09:25
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Paging Taubin...


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  Reply # 2003306 27-Apr-2018 09:26
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Daughter's school decided to have Surface Pro4 as their preferred  BYOD believe it or not.

 

Less than 3 years old and looks like it has acquired the dreaded Surface Pro fuzzy screen issue. This is going to be interesting going back to HN to get it fixed or replaced...

 

 


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  Reply # 2003342 27-Apr-2018 10:09
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It has taken the commerce commission at least 15 years to figure this out.  While we have known it the whole time. 

 

They're an embarrassment really (the commerce commission), they aid retailers to actively flout the law by not enforcing it. 

 

And, what about Harvey Norman? They are equally as bad, if not worse depending on the person you deal with. 

 

The only outfit I've not had issues with is JB Hifi, although the kit I returned to them was under manufacturer repair directives so they probably didn't care. 


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  Reply # 2003365 27-Apr-2018 10:21
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As an ex-Bond and Bond employee I'd honestly say there was crap being flung from both sides - 

 

Those parents who..

 

"Swore on their graves that their darling would never damage their laptop and the ginormous crack in the screen was absolutely not their fault."

 

And the cellphones that had visible water droplets had..

 

"Never seen a drop of water ever in its life."

 

BUT that doesn't excuse the absolutely shoddy knowledge of the law displayed by my fellow salespeople.

 

E.G..

 

"After 1 year you won't be able to get this fixed whatsoever, it will be too expensive.."

 

And the over embellishment of what extended warranties would do such as:

 

"Any issues you WILL get a replacement no matter what."

 

 

 

Or my personal favorite whereby the Vendor would 'fix' something 3 or 4 times rather than replace it.

 

It really got me mad, and one of the reasons I left in the end. 

 

 


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  Reply # 2003419 27-Apr-2018 11:36
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tehgerbil:

 

As an ex-Bond and Bond employee I'd honestly say there was crap being flung from both sides - 

 

Those parents who..

 

"Swore on their graves that their darling would never damage their laptop and the ginormous crack in the screen was absolutely not their fault."

 

And the cellphones that had visible water droplets had..

 

"Never seen a drop of water ever in its life."

 

 

I'm sure, but as someone who only ever had legitimate claims I was given the run around so often. 

 

To the point of filing disputes tribunal cases, where every single time the retailer would drop their objections pre-hearing. 

 

The last experience was at harvey norman where the sales rep said I should get the extended warranty to avoid the hassles of going through the CGA process because HN would deny any out of warranty claim up front. 

 

 


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  Reply # 2003435 27-Apr-2018 12:09
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Apparently a Harvey Norman extended guarantee does not start at the point it is paid for but when the goods are delivered. Which left a 4 day gap between manufacturer two year warranty and theirs starting.

 

Guess when our washing machine decided to give up??


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  Reply # 2003447 27-Apr-2018 12:29
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Oh man, I really hope this gets resolved, I'm still on pins and needles about my Nexus 5X I got from them. They replaced the motherboard, but my warranty is now up apparently. I just hope it doesn't crap out again anytime soon (won't hold my breath from the reports I've read), because I can't really afford to replace it.


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  Reply # 2003452 27-Apr-2018 12:37
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The last issue i had that i had to use the CGA was for a s8 from spark.  Camera was stuffed and would be out of focus sometimes, sent it off to get fixed, took a week to get back, setup phone again to have the same issue an hour later.  Took it back to spark and was told they had to send it away again as they now had a warranty with the phone repair place.  Told them that was not acceptable and to replace or I would reject the repair as per CGA.  Person at store said no so left the phone there.  Did a quick email to someone at spark (high level manager) explained the problem had a replacement s8 the next day as per CGA.  

 

 

 

The major one i had with noels was when a patch came out for the surface pro 3 after having it for 18 months which would randomly turn the machine on, which was meaning it was cooking itself when in a case in the car and battery would drain.  No fault of Noels at all.  Took it back to noels explained the problem, they had to send it to AU.  3 weeks later and still no machine back, asked them how much longer and they could not give me a time so gave them another few days to run after it.  I ended up getting  a full refund for the device as they did not do the repair/fix in a "reasonable" amount of time.

 

When it comes to the CGA I find if you play the game (i.e. do it by the law) then the company tends to do the right thing after a few words at the right level of management.  


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  Reply # 2003455 27-Apr-2018 12:41
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tripp:

 

The last issue i had that i had to use the CGA was for a s8 from spark.  Camera was stuffed and would be out of focus sometimes, sent it off to get fixed, took a week to get back, setup phone again to have the same issue an hour later.  Took it back to spark and was told they had to send it away again as they now had a warranty with the phone repair place.  Told them that was not acceptable and to replace or I would reject the repair as per CGA.  Person at store said no so left the phone there.  Did a quick email to someone at spark (high level manager) explained the problem had a replacement s8 the next day as per CGA.  

 

 

 

The major one i had with noels was when a patch came out for the surface pro 3 after having it for 18 months which would randomly turn the machine on, which was meaning it was cooking itself when in a case in the car and battery would drain.  No fault of Noels at all.  Took it back to noels explained the problem, they had to send it to AU.  3 weeks later and still no machine back, asked them how much longer and they could not give me a time so gave them another few days to run after it.  I ended up getting  a full refund for the device as they did not do the repair/fix in a "reasonable" amount of time.

 

When it comes to the CGA I find if you play the game (i.e. do it by the law) then the company tends to do the right thing after a few words at the right level of management.  

 

 

That very last bit is the key. You talk to the wrong person and they have no delegated authority so you get nowhere.


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  Reply # 2003463 27-Apr-2018 13:02
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kryptonjohn:

tripp:


The last issue i had that i had to use the CGA was for a s8 from spark.  Camera was stuffed and would be out of focus sometimes, sent it off to get fixed, took a week to get back, setup phone again to have the same issue an hour later.  Took it back to spark and was told they had to send it away again as they now had a warranty with the phone repair place.  Told them that was not acceptable and to replace or I would reject the repair as per CGA.  Person at store said no so left the phone there.  Did a quick email to someone at spark (high level manager) explained the problem had a replacement s8 the next day as per CGA.  


 


The major one i had with noels was when a patch came out for the surface pro 3 after having it for 18 months which would randomly turn the machine on, which was meaning it was cooking itself when in a case in the car and battery would drain.  No fault of Noels at all.  Took it back to noels explained the problem, they had to send it to AU.  3 weeks later and still no machine back, asked them how much longer and they could not give me a time so gave them another few days to run after it.  I ended up getting  a full refund for the device as they did not do the repair/fix in a "reasonable" amount of time.


When it comes to the CGA I find if you play the game (i.e. do it by the law) then the company tends to do the right thing after a few words at the right level of management.  



That very last bit is the key. You talk to the wrong person and they have no delegated authority so you get nowhere.



You should not be required to have a mate in upper management of the retailer to have your legal rights recognised.


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  Reply # 2003464 27-Apr-2018 13:05
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surfisup1000: You should not be required to have a mate in upper management of the retailer to have your legal rights recognised.

 

Agreed. But don't need a mate inside - sometimes you have to research the company to find the name of someone in senior management to start corresponding with.

 

 


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  Reply # 2003467 27-Apr-2018 13:08
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kryptonjohn:

 

Agreed. But don't need a mate inside - sometimes you have to research the company to find the name of someone in senior management to start corresponding with.

 

 

For the spark one a quick google gave me the name, spark email address are easy to guess (Noels ones are hard however).  Added some tracking code to your email and your off :)

 

I don't know anyone in spark, however the person I did email open the email within 30 minutes and I had someone on the phone to me in less than an hour after that saying sorry and sorting out the replacement phone.


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  Reply # 2003470 27-Apr-2018 13:11
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tripp:

 

For the spark one a quick google gave me the name, spark email address are easy to guess (Noels ones are hard however).  Added some tracking code to your email and your off :)

 

I don't know anyone in spark, however the person I did email open the email within 30 minutes and I had someone on the phone to me in less than an hour after that saying sorry and sorting out the replacement phone.

 

 

This.

 

I had a grizzle with AA (discussed in the transport forum) and was getting nowhere after weeks of to and fro. Googled their management and found there was a GM of "Brand and Membership". Sounded perfect. Emailed him had grizzle was resolved same morning.

 

 


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