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94 posts

Master Geek
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Topic # 147060 7-Jun-2014 14:26
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Hi so I am the manager of newmarket Parallel Imported. I have a been having a issue with one customer.

We ordered a phone for a guy a samsung galaxy s4 active (i9295) he came in and asked us to get it in and if it is a good phone that is all nothing in detail just is it good) we said yes its good but sony xperia is better (those words). We placed the order and on the 29th of March he payed and picked it up.

Then on the 28th of April he came back wanting to return it as it was faulty(audio quality wasn't as good as his 4, secondary camera wasn't good quality reception was lower) Which we tested it out and it was working as specified. He was very unhappy and his father was so abusive I had to trespass his father for hitting staff.

I talked to the guy who told me our website misrepresented the phone as we didn't specify it's audio quality wasn't as good as the s4 i9500/5/6(at the time he bought it the s4 was another $110 more then what he spent). The thing that gets me he returned it just after the s5 comes out in nz, he waited one month to be unhappy with it. Never once calling us saying he was unhappy.

To try clear things up at our cost I sent it to another repairer and had the do a full comprehensive report on the phone which came back fine also. Again they were not will to accept this. So I ordered another s4 active to compare it used 2 of the same size and speed memory cards, loaded the exact same music and they used the same earphones on it and I was nice enough to let the father come back to test it also.

And guess what????? they were the same! his dad said I agree they are the same but we aren't happy we want to change.....

I can't sell a second hand phone I would loose out quite a lot if i did return it because in the time he owned it it has gone down in price it has marks on the paint etc and they want a dollar for dollar exchange so the s4 has gone down in value they want me to credit the full amount they paid months ago for today's value. Am I within my right to refuse this they agree it is working fine they just don't like it. I told him I feel they should take us to court if they feel we have misrepresented the product(if you look on pi web page you can clearly see they are 2 different phones the only thing they really share is the s4 in their name)

Cheers

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Uber Geek
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  Reply # 1060858 7-Jun-2014 14:32
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does your store have a returns policy?

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  Reply # 1060859 7-Jun-2014 14:33
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anyway i'm pretty sure you are not obliged legally to accept the return of the product. tell them to go to disputes tribunal so that you both have a fair hearing. did you record the aggression on cctv?

 
 
 
 


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Ultimate Geek
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  Reply # 1060866 7-Jun-2014 14:36
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INAL but you're fully within your rights to refuse a refund for change of mind.






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Master Geek
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  Reply # 1060867 7-Jun-2014 14:39
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Hi yeah we do have a return policy of 7 days. I didnt have the recording but the father called the cops on me for trespassing him. The cops agreed with me and told him not to come back in my store he then continued to yell at the cop for about 30 mins on the side of the road. I mean the son told me that we should specify that its not the same are people not able to put 2 and 2 together?

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Ultimate Geek
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  Reply # 1060886 7-Jun-2014 14:55
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This isn't really a matter of opinion, consumer law is well defined.  You should know what you can and can't do.  There doesn't seem to be any good reason for you to raise it here.

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  Reply # 1060902 7-Jun-2014 15:13
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The buyer is in the wrong.

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  Reply # 1060907 7-Jun-2014 15:23
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You have done enough just say if you want see you in court

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  Reply # 1060922 7-Jun-2014 15:36
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Glassboy: This isn't really a matter of opinion, consumer law is well defined.  You should know what you can and can't do.  There doesn't seem to be any good reason for you to raise it here.

This

This is a legal problem not a tech problem. Start reading the legislation, you should know it inside-out.




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  Reply # 1060926 7-Jun-2014 15:38
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There are always two sides to every story. The disputes tribunal is perhaps the best course of action.



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Master Geek
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  Reply # 1060947 7-Jun-2014 16:29
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Thanks for the advise yeah i told the customer i feel for them the best course of action was court but they don't want a bar of that. Sorry I know the CGA and fair trading act inside out, just wanted to confirm sorry if this annoyed you andrewNZ and glassboy. Have a great weekend.

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  Reply # 1060957 7-Jun-2014 16:55
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I really don't see the problem in raising the question the OP did here. Have I missed something about what Geekzone and Offtopic allows?




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  Reply # 1060959 7-Jun-2014 17:07
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If the product is not faulty, and it's outside your stated return period, then you are not obligated to refund it simply because the customer has decided he doesn't really like it.




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  Reply # 1060966 7-Jun-2014 17:16
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Glassboy: This isn't really a matter of opinion, consumer law is well defined.  You should know what you can and can't do.  There doesn't seem to be any good reason for you to raise it here.


Who appointed you the decider of what was appropriate to be raised here or not? There are PLENTY of consumers moaning every day about being 'stiffed' by retailers. It's in off topic and in no way breaches the FUG. 

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  Reply # 1060967 7-Jun-2014 17:17
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My OPINION is that they have no legal basis to complain especially after a month. Retailers are no obliged to refund for a change of mind (law). 

Having said that, in a lot of cases retailers often fold because of the bad publicity or cost of continuing to fight, I hope you stand your ground. Retailers have rights too.

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  Reply # 1060970 7-Jun-2014 17:24
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I maybe wrong and IANAL, but when something like this happens, it is up to the customer to take further action. If the retailer says they have done all they can and can't take it any further , then it is up to the customer to then take it to the disputes tribunal. The DT  is a low cost and informal way of resolving issues like this, so the customer wouldn't should go down this track if they believe they are in right.

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