Hi all

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

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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.

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

Thanks in advance!