Bubble Machine (getting a refund)

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t0ny

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#205318 8-Nov-2016 19:10

So, i recently purchased one of these (https://www.surplustronics.co.nz/products/192-party-bubble-machine-amazing-design) for my sons birthday party and placed it outside on the deck with the output towards the lawn. It was a nice and sunny day so no chance of the unit itself getting wet (well, it does it liquid inside it to generate the bubbles). After 15-30 mins it started making some noises and the bubbles stopped coming out.

Fast forward few days later, i turn up at the shop and ask for a refund as the machine is not spitting out bubbles at all. The shop refused the refund and started mocking me pointing to the manual where it says the unit should not be used outdoors. I gave them the standard CGA speak and tried to reason with them but they wouldnt budge.

Iam obviously very disappointed with Surplustronics as i used to love that shop and had spent countless hours there when i was younger. Is their refusal valid or is it just BS to get out of giving me a refund. I mean who runs a bubble machine inside their house.

Should i take them to the tribunal or just give up?

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Dangerous Chocolate
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#1665974 8-Nov-2016 19:18

It implies on the web page that you linked that outdoor use is acceptable:

For outdoor use ensure the bubble machine is not facing into the wind this will prevent blow back into the machine
Best results with the wind behind the machine

I would start with going back to the shop and politely showing them their own advertising.

Lurking ...

RunningMan

8953 posts

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#1665978 8-Nov-2016 19:24

Quoting from the page you linked to describing the unit

For outdoor use ensure the bubble machine is not facing into the wind this will prevent blow back into the machine

So their own website says it's OK to use outside.

I'd suggest formalising a complaint in writing and giving them the opportunity to respond first, rather than directly to the Tribunal.

tehgerbil

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#1665993 8-Nov-2016 19:46

That's cool, depends on how far/how much time you have on your hands. I mean it's quite expensive, and worth kicking up a stink.

Here we go - from easy to hard and if you can be arsed doing at all..

Enjoy and good luck.

Step 1 - Approach the devices manufacturer (if possible)

Step 2 - Email any/every possible email address attributed to their company you can get your hands on with your receipt, photo of the unit and your complaint.

Step 3 - If no response, print off all emails and (if any) responses saying no and walk into the store when they're at their busiest, and say with your loudest voice "I want to make a complaint about shady business practices here"

Step 4 - Print out leaflets and stand in public property handing out said leaflets with a quick statement similar to your above and the fact you would avoid shopping with them.

Step 5 - Go to Fair-Go.

Step 5 - Raise a claim in the disputes tribunal ($45) for your time spent doing steps 1-5

Step 6 - raise a complaint against both the Consumer Guarantees act (Refused refund) and Fair trading act (improper advertising indicating it can be used outdoors)

tripp

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#1665997 8-Nov-2016 19:53

OH god please let me help you take them to the disputes tribunal, they will eat them alive :)

p.s. it's very entertaining watching a company getting a rigging out for not knowing the law.

tripp

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#1666000 8-Nov-2016 19:54

Also screen shot that website now before they change it, always good to have time/date in the picture as well :)

surfisup1000

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#1666007 8-Nov-2016 20:03

tripp:

OH god please let me help you take them to the disputes tribunal, they will eat them alive :)

p.s. it's very entertaining watching a company getting a rigging out for not knowing the law.

Probably they know the law, but are taking the following calculated gamble.

The price, $120, disputes tribunal fees, $45'ish.

So, you will get $75 back if you choose to do so. But it takes a couple of hours admin work, getting to and from the tribunal too. Then actually getting the company to pay up, if they decide not to.

Is it worthwhile?

mattwnz

20141 posts

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#1666008 8-Nov-2016 20:04

Their website advertises it can be used outside.

-For outdoor use ensure the bubble machine is not facing into the wind this will prevent blow back into the machine

Case closed IMO. Just make sure you take a screenshot of the page as per the suggestion above. It does make you wonder why that are advertising it can be used outside though, when the instructions say it is for indoor use only. Maybe the websites description text is for a different product?

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mattwnz

20141 posts

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#1666010 8-Nov-2016 20:06

surfisup1000:

Probably they know the law, but are taking the following calculated gamble.

The price, $120, disputes tribunal fees, $45'ish.

So, you will get $75 back if you choose to do so. But it takes a couple of hours admin work, getting to and from the tribunal too. Then actually getting the company to pay up, if they decide not to.

Is it worthwhile?

This is an example where the consumer doesn't really have much power. That is why I think the DT fee should also be refundable and a claimable cost. It doesn't really make much sense that it isn't.

LennonNZ

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#1666023 8-Nov-2016 20:17

Yes the Advertising and the Manual are conflicting.

Manual: "This device is for indoor use only and in a dry environment. "

Advertising: "For outdoor use ensure the bubble machine is not facing into the wind this will prevent blow back into the machine"

tripp

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#1666025 8-Nov-2016 20:19

surfisup1000:

tripp:

OH god please let me help you take them to the disputes tribunal, they will eat them alive :)

p.s. it's very entertaining watching a company getting a rigging out for not knowing the law.

Probably they know the law, but are taking the following calculated gamble.

The price, $120, disputes tribunal fees, $45'ish.

So, you will get $75 back if you choose to do so. But it takes a couple of hours admin work, getting to and from the tribunal too. Then actually getting the company to pay up, if they decide not to.

Is it worthwhile?

Ummm OP is very damaged by this, another $500 for time wasted and hurt feelings :)

t0ny

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#1666174 9-Nov-2016 07:51

Thanks everyone for the feedback. I have taken screen shot of the website showing that outside usage is ok and have also emailed a 'Gary' at surplustronics who is the supplier contact for QTX in NZ. If i dont get any feedback within the next 7 days, my next step will be to try the tribunal and contact the commerce commission for the fair trading act breach.

Will post an update once i have something to share :)

Linux

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#1666178 9-Nov-2016 08:02

They also have a chance to repair / replace the unit in a reasonable time frame

Linux

t0ny

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#1666182 9-Nov-2016 08:24

Linux:

They also have a chance to repair / replace the unit in a reasonable time frame

Linux

Bit pissed off at their attitude so not going to ask them for a repair :)

Linux

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#1666207 9-Nov-2016 08:52

t0ny:

Linux:

They also have a chance to repair / replace the unit in a reasonable time frame

Linux

Bit pissed off at their attitude so not going to ask them for a repair :)

You don't need to ask them they should offer and have the right to repair under CGA

Linux

trig42

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#1666216 9-Nov-2016 08:56

t0ny:

Linux:

They also have a chance to repair / replace the unit in a reasonable time frame

Linux

Bit pissed off at their attitude so not going to ask them for a repair :)

Under the CGA that is not up to you. They can repair or replace or refund (at their discretion). Repair must be timely however, so they cannot string you along for weeks. I think after multiple failures, you can demand a refund, but you cannot go straight there.

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