TV died on us after about 3 weeks of use, What are our options?

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#807195 29-Apr-2013 11:28

From the Warehouse Website....

"Refunds

We apologise if you have received a product that is faulty, or if you have received the wrong product. You are welcome to an exchange or refund. Please contact us on 0800 RED ONLINE (0800 733 665) Monday – Friday 8.30am – 6pm to arrange this. Make sure you have your order details handy."

http://www.thewarehouse.co.nz/red/content/homepage/customer-services/returns

A retailer cannot promote for business under a set of rules and have another set of rules not published, that is misleading and contrary to law. Under the Warehouse stated refund policy you are entitled to an exchange or refund it does not say at their discretion so by extrapolation one can assume it is at your discretion.

PaulZA

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#807205 29-Apr-2013 11:39

So we went to the warehouse today, with the TV, They said sorry we can't do refunds as they have a 7 day period. We exceeded that. The only option was for it to be sent off for a repair, then if it can't be fixed then refund.

All fine, but I really hoped for a refund.

Oh well, we'll have to see what happens.

Talkiet

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#807207 29-Apr-2013 11:40

KiwiNZ: From the Warehouse Website....

"Refunds

We apologise if you have received a product that is faulty, or if you have received the wrong product. You are welcome to an exchange or refund. Please contact us on 0800 RED ONLINE (0800 733 665) Monday – Friday 8.30am – 6pm to arrange this. Make sure you have your order details handy."

http://www.thewarehouse.co.nz/red/content/homepage/customer-services/returns

A retailer cannot promote for business under a set of rules and have another set of rules not published, that is misleading and contrary to law. Under the Warehouse stated refund policy you are entitled to an exchange or refund it does not say at their discretion so by extrapolation one can assume it is at your discretion.

You are quoting from the online sales section... You should look at the rest of the conditions before making declarative statements...

http://www.thewarehouse.co.nz/red/content/homepage/customer-services/returns-policy;pgid=6fRmUeLIjXhSR0QsvGw2Jfeh00002y_0_WCG;sid=kYlmikh399RkihkKI155gFnbWJ3QXicULOk=

"2. Money Back GuaranteeOur Money Back Guarantee is a key aspect of our business. If a customer has proof that they purchased the goods from our stores within the last 12 months they may obtain a refund. A refund will be made in the same tender as the original purchase. Please note that purchases made by cheque need seven days to clear before we can refund and as mentioned above, that product returned must be in resalable condition unless faulty or otherwise deficient. The Money Back Guarantee does not apply to products:

Covered by warranty (such as iPods, Gaming Consoles and products covered by our extended warranty)
Hygiene Products (such as underwear etc)
Copyright infringement products (such as CDs, DVDs and Gaming Software)"

Please note all comments are from my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.

freitasm

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#807231 29-Apr-2013 12:06

Talkiet: The Money Back Guarantee does not apply to products:
Copyright infringement products (such as CDs, DVDs and Gaming Software)"

Whatever that statement means. I know what they want to convey, but seriously, they could do a better job in putting that in English.

B1GGLZ

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#807246 29-Apr-2013 12:28

PaulZA: So we went to the warehouse today, with the TV, They said sorry we can't do refunds as they have a 7 day period. We exceeded that. The only option was for it to be sent off for a repair, then if it can't be fixed then refund.

All fine, but I really hoped for a refund.

Oh well, we'll have to see what happens.

Then I suggest you go back and tell them to read their own Store Policy which clearly indicates a refund within 12 months if faulty. Doesn't say online sales only but is their company policy.
Next step small claims tribunal!

Talkiet

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#807349 29-Apr-2013 13:56

B1GGLZ:
PaulZA: So we went to the warehouse today, with the TV, They said sorry we can't do refunds as they have a 7 day period. We exceeded that. The only option was for it to be sent off for a repair, then if it can't be fixed then refund.

All fine, but I really hoped for a refund.

Oh well, we'll have to see what happens.

Then I suggest you go back and tell them to read their own Store Policy which clearly indicates a refund within 12 months if faulty. Doesn't say online sales only but is their company policy.
Next step small claims tribunal!

Did you read the link I posted most recently with the terms and conditions relating to the 12 month money back guarantee? If there's a different company policy I'd be interested to see it.

Cheers - N

Please note all comments are from my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.

MikeB4

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#807365 29-Apr-2013 14:14

Given that it is a substantial failure of the product, that is no longer working as purchased, a Television Receiver, the Act provides the choice to the consumer for a refund or replacement, section 23(1)

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tchart

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#807372 29-Apr-2013 14:17

PaulZA: So we went to the warehouse today, with the TV, They said sorry we can't do refunds as they have a 7 day period. We exceeded that. The only option was for it to be sent off for a repair, then if it can't be fixed then refund.

All fine, but I really hoped for a refund.

Oh well, we'll have to see what happens.

Never heard of that 7 day rule from the Warehouse before.

Talkiet

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#807374 29-Apr-2013 14:19

KiwiNZ: Given that it is a substantial failure of the product, that is no longer working as purchased, a Television Receiver, the Act provides the choice to the consumer for a refund or replacement, section 23(1)

I don't think you've interpreted the act correctly. I believe the supplier still has the right to repair the goods in a reasonable timeframe.

See section 18(2) and read section 21 properly.

Cheers - N

Please note all comments are from my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.

MikeB4

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#807379 29-Apr-2013 14:28

Talkiet:
KiwiNZ: Given that it is a substantial failure of the product, that is no longer working as purchased, a Television Receiver, the Act provides the choice to the consumer for a refund or replacement, section 23(1)

I don't think you've interpreted the act correctly. I believe the supplier still has the right to repair the goods in a reasonable timeframe.

See section 18(2) and read section 21 properly.

Cheers - N

Section 23(1) does not state "pursuant to" sections 18(2) or 21, nor does it state "notwithstanding" sections 18(2) or 21

mattwnz

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#807400 29-Apr-2013 14:44

tchart:
PaulZA: So we went to the warehouse today, with the TV, They said sorry we can't do refunds as they have a 7 day period. We exceeded that. The only option was for it to be sent off for a repair, then if it can't be fixed then refund.

All fine, but I really hoped for a refund.

Oh well, we'll have to see what happens.

Never heard of that 7 day rule from the Warehouse before.

It says 12 months on their website, nothing about 7 days. Their staff probably don't know their own rules, as my own experience with their staff hasn't been the best. You are probably best to email their head office about it. From my own interpretation, they should refund you, as I can't see an exclusion or 7 days mentioned. eg if the product wasn't faulty, I presume you could return it as part of their money back guarantee, so I can't see why it makes any difference if it is faulty, unless they think you may have caused the damage. In that case I guess it is fair that they send it off to be accessed prior to giving a refund.

mattwnz

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#807402 29-Apr-2013 14:47

numfarr:
PaulZA: We spotted a Veon 50" LCD TV at the warehouse, marked down from $1899, to $799 we thought it was a bargain

The Warehouse keep these products at 2x their actual price, at which no-one will buy them, then regularly pulse them down to the actual price so they can legally say it's a sale. The Pricespy price history makes this behaviour obvious.

To be fair, their are many retailers now doing this sort of thing in NZ, and have sales on rotation. They probably don't know that the price is being monitored like that, so they have to be very careful it doesn't spend more time at the 'sale' price, than the 2x price.

Talkiet

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#807460 29-Apr-2013 15:23

KiwiNZ:
Talkiet:
KiwiNZ: Given that it is a substantial failure of the product, that is no longer working as purchased, a Television Receiver, the Act provides the choice to the consumer for a refund or replacement, section 23(1)

I don't think you've interpreted the act correctly. I believe the supplier still has the right to repair the goods in a reasonable timeframe.

See section 18(2) and read section 21 properly.

Cheers - N

Section 23(1) does not state "pursuant to" sections 18(2) or 21, nor does it state "notwithstanding" sections 18(2) or 21

Regardless, I stand by my statements. It's simply not reasonable to demand a refund whenever anything stops working. That's not the intent or the wording of the CGA.

Cheers - N

Please note all comments are from my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.

B1GGLZ

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#807495 29-Apr-2013 15:54

Talkiet:

Did you read the link I posted most recently with the terms and conditions relating to the 12 month money back guarantee? If there's a different company policy I'd be interested to see it.

Cheers - N

Yes and that's where it says "For a product to be returned under our policy, that product must be in a resalable condition unless faulty or otherwise defective."
TVs are not included in the following paragraph re Restrictions and exceptions.
The product is definitely faulty and appears to be covered by this statement of policy.

Talkiet

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#807497 29-Apr-2013 15:57

B1GGLZ:
Talkiet:

Did you read the link I posted most recently with the terms and conditions relating to the 12 month money back guarantee? If there's a different company policy I'd be interested to see it.

Cheers - N

Yes and that's where it says "For a product to be returned under our policy, that product must be in a resalable condition unless faulty or otherwise defective."
TVs are not included in the following paragraph re Restrictions and exceptions.
The product is definitely faulty and appears to be covered by this statement of policy.

I give up. It had a speck of dust on it, I think the Warehouse should be shut down and made to pay punitive damages to every person in NZ that ever had the misfortune to buy something from them.

Cheers - N

Please note all comments are from my own brain and don't necessarily represent the position or opinions of my employer, previous employers, colleagues, friends or pets.

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