What are my rights - Refund for Non-Delivered Goods?

Forums › Off topic › What are my rights - Refund for Non-Delivered Goods?

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#1100925 3-Aug-2014 00:01

Krishant007:
gzt: What's the tldr on this?

What do you mean TLDR?

https://www.google.co.nz/search?q=define%3A+tldr

Typically after a really long explanation it is conventional to give a short one or two line summary under the heading "tl;dr;" ; ).

Eg; [insert entire text of War and Peace]

Then: tl;dr: Russians scared of Napoleon. Russians defeat Napoleon. Russians live happily ever after with some exceptions.

Batman

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#1100932 3-Aug-2014 00:27

the entire history of war and peace is summarised to Russians and Napoleon? really?

Dratsab

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#1100934 3-Aug-2014 00:41

OP - you should have asked for refund in first instance but instead you agreed to another dishwasher being delivered to the store. Go to Consumer NZ if you like. Go to the Disputes Tribunal if you like. You will lose.

gzt

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#1101065 3-Aug-2014 13:01

joker97: the entire history of war and peace is summarised to Russians and Napoleon? really?

Yes. No. Alrighty then. Feel free to give it a go.

dejadeadnz

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#1101078 3-Aug-2014 13:52

Dratsab: OP - you should have asked for refund in first instance but instead you agreed to another dishwasher being delivered to the store. Go to Consumer NZ if you like. Go to the Disputes Tribunal if you like. You will lose.

It really isn't a good idea to dole out legal advice if you don't understand the law and, more importantly, real lawyers (I am one) don't guarantee outcomes to people unless they have all the facts. Let me give you a hint: I've already provided the relevant section of the CGA to the OP and even I wouldn't be certain that a DT referee will say he's 100% entitled to a refund. But I can absolutely guarantee you that few of my peers will guarantee anybody that the OP will lose, especially at the crapshoot that is the DT sometimes.

Lias

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#1101278 3-Aug-2014 20:25

IANAL but from what I've seen with DT decisions, OP would have at least a half decent chance of winning at DT, the law hugely favours the consumer, and as dejadeadnz notes it can be a real crapshoot.

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jamesrt

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#1101298 3-Aug-2014 21:00

joker97: the entire history of war and peace is summarised to Russians and Napoleon? really?

I think that's War and Peace (specific), not generic War and Peace.

Krishant007

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#1101304 3-Aug-2014 21:11

Thank you everyone for your opinions and advice. I went in today to the store and asked to get a refund explaining that I am within my rights as a consumer based on the premise that they had had not completed the sale of the goods within an appropriate time-frame, so they were in breach of the sales agreement. Also that they had not provided me with their sales terms and conditions (which is usually printed on the back of their invoice). The invoice they had emailed me did not contain the terms and conditions. Also that since they have had my money for well over a month also adds to the matter as well. I got advice from one of my friends as well who said that I am still within my full rights to change my mind about the sale agreement since the delivery of goods was not completed in the time-frame they had initially provided. Providing the free-delivery option after 4 weeks of the initial sales agreement was not acceptable.

I do understand that mistakes happen sometimes indeed. But when mistakes happen, the company does show some act of good will for a paying customer and the fact of the matter was that Kitchen Things did not show any act of good will until I had requested to learn their refund process.

I was not hostile or create a scene at all - I had patiently waited at the store while the manager was serving another customer and kept my tone to a low level being courteous. I told him, I dont want to stretch this much further and waste either your or my time. Just simply give me the full refund amount and we can go our ways. He told me that he needs authorisation from the regional manager (for a refund!) so he will give me a call tomorrow and see what he can do. So I am hoping this doesn't drag on much further as it is quite taxing on mine and the company's time.

sdav

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#1101312 3-Aug-2014 21:29

Wow this is dragging on! Good luck with your refund, at least you're determined!

Sideface

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#1101320 3-Aug-2014 21:35

Krishant007: Thank you everyone for your opinions and advice. I went in today to the store and asked to get a refund explaining that I am within my rights as a consumer based on the premise that they had had not completed the sale of the goods within an appropriate time-frame, so they were in breach of the sales agreement. Also that they had not provided me with their sales terms and conditions (which is usually printed on the back of their invoice). The invoice they had emailed me did not contain the terms and conditions. Also that since they have had my money for well over a month also adds to the matter as well. I got advice from one of my friends as well who said that I am still within my full rights to change my mind about the sale agreement since the delivery of goods was not completed in the time-frame they had initially provided. Providing the free-delivery option after 4 weeks of the initial sales agreement was not acceptable.

I do understand that mistakes happen sometimes indeed. But when mistakes happen, the company does show some act of good will for a paying customer and the fact of the matter was that Kitchen Things did not show any act of good will until I had requested to learn their refund process.

I was not hostile or create a scene at all - I had patiently waited at the store while the manager was serving another customer and kept my tone to a low level being courteous. I told him, I dont want to stretch this much further and waste either your or my time. Just simply give me the full refund amount and we can go our ways. He told me that he needs authorisation from the regional manager (for a refund!) so he will give me a call tomorrow and see what he can do. So I am hoping this doesn't drag on much further as it is quite taxing on mine and the company's time.

When you're stuck in a hole, stop digging.

Sideface

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#1101373 4-Aug-2014 06:07

Let us know how you get on.

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Batman

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#1101443 4-Aug-2014 08:42

As I said, in the future as soon as you are offered a refund drop everything and go and get it

Bung

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#1101460 4-Aug-2014 09:10

Sideface: When you're stuck in a hole, stop digging.

Why such a negative attitude? The item never left the store so there's no argument that it's not in perfect condition and it is obviously a stock item as opposed to a special order. I would question the financial state of any retailer that wastedmuch time trying to keep this sale rather than moving on.

MikeB4

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#1101496 4-Aug-2014 10:05

Bung:
Sideface: When you're stuck in a hole, stop digging.

Why such a negative attitude? The item never left the store so there's no argument that it's not in perfect condition and it is obviously a stock item as opposed to a special order. I would question the financial state of any retailer that wastedmuch time trying to keep this sale rather than moving on.

Yep a restocking fee for stock that never left stock, not something I would accept.

Here is a crazy notion, lets give peace a chance.

Krishant007

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#1101657 4-Aug-2014 12:29

Just had to call in this morning to get an update. The store manager told me that the refund has been approved and will go through on Wednesday - for some reason, they only do refunds on wednesdays. But he took my bank account number and will be refunding me the full cost.

Thanks a lot to everyone who chimed in with their 2 cents. Really appreciate the help of the community.

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