Hi,
I recently purchased a accessory that a dealership needed to order in, and it turns out that it doesn't fit my vehicle, now they can supply me with the correct fitting accessory however it will take 15 days and now will cost 30% more. This is a lot more than I planned to spend, If I choose not to go ahead am I still eligible for a full refund or only store credit under the Australian Consumer Law?
I told them the model of the vehicle and the accessory that I wanted.
So you didn't change your mind? They ordered the wrong thing?
Yes, they should fully refund your money.
No I didn't change my mind and I'd be happy to take the exchange however its now going to cost 30% more, and I never would have made the original purchase had the price been 30% more than it originally was.
Yep, should be eligible for refund.
Yes, they should fully refund your money.
+1
Section 55(1) of the ACL states the guarantee as to fitness for any disclosed purpose:
there is a guarantee that the goods are reasonably fit for any disclosed purpose, and for any purpose for which the supplier represents that they are reasonably fit.
https://www.ozbargain.com.au/node/120061
btw you told them the exact model including year?
Did you quote your VIN when that happens?
i.e. if you did and they still managed to supply the incorrect parts then their stuffed up. If they didn't ask for one I'd still say they stuffed up. If they asked for one but you didn't provided them with it then you stuffed up.
They are the experts and they failed to provide a product that was fit for purpose. The refund part is easy, you are entitled to one.
Sucks that the correct part is 30$ more however.
I had a similar run in with an automotive spare parts outlet. I took my car to them needing a new headlight assembly and they went and looked at it in the car park and ordered the part. When it came it it didn't fit, they said it was because my car was a special version and not their problem, but I argued that they were the spare parts experts and that is why I was coming to them and that it was their problem and eventually got a refund.
If you can try go aftermarket. Depending on what it is you might find it will be around a similar price and be just as good, if not better.
Where does it say $30. I read 30%
Try odering from overseas. I recently bought some parts for a Nissan from www.partsouq.com. They are based in the Middle East and as long as the part is not very heavy the shipping is reasonable. I got a speaker shipped in via FedEx for $11. They carry/ can order in parts for most makes.
"based in the Middle East"
Doesn't surprise me.. Nissans are everywhere in the ME.. I was quite surprised, expected it to me Mercedes, Hilux and Land Cruiser.
As somebody who once owned a Niss/Dat 200B, I always get a laugh when I see old pickup trucks/utes particularly in overseas docos with the huge NISSAN across the tailgate - as if the company truly thought that to be a tremendously desirable feature.
Didn't put off some people, I suppose…
They ordered the wrong part after you provided them with the correct vehicle details.
Ask them again for a refund and if they refuse or just offer store credit then file a complaint with dept of fair trading online as they are in direct contradiction of Australian consumer law and can be hit with a very large fine for non compliance.
It depends, I'm not a lawyer, however, I think that if:
1) You told them your car model or the part you were after and they ordered the wrong one, then yes, you are entitled to a refund - i.e. not fit for purpose.
2) If you told them the wrong part number and only found out it didn't work when you tried…etc. then that's your mistake and you won't' be entitled to a refund.
I always watch when ordering car parts… rarely do staff take the time to ensure accuracy.
It is also important to be very specific you your make / model as there can also be variants within a set model as well.
Thanks for all the help guys, I still do need the part so I've decided to just bite the bullet and pony up the extra doh. $150 poorer. :(
if you shopped around and this is the cheapest price even thought its 30% more than you thought…. what are you supposed to do?
No they never were the cheapest, I can order from ali express for around 300 or aussie website for around 450, as opposed to the now total of 650ish, but I could potentially have fitment issues, the reason for going genuine in the first place was to ensure a perfect fit.
you can be seriously comparing the convenience of buying from an australian dealer with aliexpress?
Well if you look on the bright side, you were going to have to pay that much if you wanted the genuine product in the first place anyway, so it's not all doom and gloom.
Depends, did you say order part number 12345.
Or tell them the model car and the part needed?
Read up on your rights: https://www.accc.gov.au/publications/consumer-guarantees-rep…