Good Refund Behaviour from Retailers (and Even Manufacturers)

Over the past year or so, I've encountered some really awesome refund behaviour from retailers (and, in one case, even a big manufacturer). These are cases where they might initially say no to something (where they have no legal obligation to agree) but eventually agree without too much hassle.

Now, to be clear, if I want a refund or exchange… I get it. Even if I have no entitlement to it. (I include a fun story about why at the end of this post!) But lately, a lot of people have made it really easy!

Most recent example: I went to a store on the weekend and bought a few items. One item turned out to be one I already owned; I didn't realise it, as it came in new packaging. When I got home, opened it up, and used it, I realised I already had it. Under the ACL, they have no obligation to provide a refund or exchange. They did nothing wrong. They do have a change of mind policy, but it requires the item be returned unopened and unused. I asked for an exchange (for a gift card), and they said no! They were quite adamant about it.

I took a deep breath. I explained that I understood they did nothing wrong (they didn't present the item in a misleading way or anything) but that I was confused by the new packaging. I made a joke about it, they smiled, and said they'd happily give me a refund or exchange. All it took was humanising my situation a bit. (Bear in mind that I acknowledged, from the outset, that they had no obligation to help me - if they'd said no again, it was clear I'd accept it. I wasn't saying "I spend $2000 a month here and if I don't get a refund I'll never come back and tell all my friends and you will rue the day!" It was just: "Whoops. Help a guy out?")

In another recent case, I bought an item from a large store that was defective. I don't recall the defect, but it was enough to make the item unfit for purpose, but not exactly the end of the world. Given the particular circumstances, I should have gone back to the retailer for a resolution. The problem was, the item was part of a blind-packed assortment - the retailer would not be able to replace the specific item.

So I called up the manufacturer and asked for help - what I specifically asked for was a replacement part, if they happened to have one lying around (for example, from a different defective unit). Again, they had no obligation to help whatsoever, and could have sent me to the retailer. I acknowledged that when I contacted them. The reception person I spoke to said she'd write to me within a few days. What happened? A huge box came in the mail.

In the box was a letter saying that their manufacturing and packaging process doesn't let even them find the specific item I'm after easily, so they just went and sent me enough of the blind-boxed items to ensure I got the right one… but ensuring I got every single one. They also threw in some random selections of other, similar products that they were going to be introducing to stores soon. Wow!

A few months ago I bought a DVD that claimed to be "The Complete Season". When I got it home, it turned out to only be half - for some reason, in Australia, the first season was split into two. All DVDs are one season number off from the rest of the world of this long-running series. I felt annoyed, but the price was so low that I was happy to just find the other half somewhere… except I couldn't. I contacted the distributor to see if it had even been released. It hadn't, but was going to be in a few months. I got slightly annoyed and said that in that case, I could have just bought the real "Complete Season" from a US retailer. The distributor responded by sending me not just the unreleased other half of the season, but THE ENTIRE SERIES. I had an unrelated question about an upcoming release of another DVD, and they gave me that DVD and the entire series THAT belonged to, too!

I don't know what's been prompting this, but given that for a few years it has been hard to get a refund even when absolutely, clearly entitled, I welcome it!


Here's why I always get refunds.

For years, I worked for a massive Australian retailer (that operates many stores, under a range of different names). My job was to ensure the compliance of one of their brands with the various consumer laws around the country (pre-ACL). If a customer had a claim that fell under that, it was referred to me to make a decision. I would also visit the stores to ensure the way they operated did not mislead customers or misrepresent products, etc. - as well as tedious things like checking for pricing errors and stuff.

As a result, I knew those laws inside and out, and when they were replaced by the ACL, I became as familiar with that as you are with your house layout.

So if I feel a potential refund fits the spirit of the law, I use it to get a refund. It seems so many businesses are worried about misinterpreting it that once I directly quote the ACL I get my refund. I don't demand outrageous things; it is only when I really believe a reasonable person would expect a remedy but technically the ACL offers a way out. I will usually even explain this when making the request - "I believe under section X I should receive a full refund. Under section Y, you can do Z, but I really think…" Even if they have been exceptionally difficult up to that point, once they see "Hang on, this guy knows things." they do what I want.

The story gets funny, though.

After I stopped working for that employer, the employer I'd gone to work with went out of business. Unfortunately, the only job I could find quickly was only 20 hours a week, as a salesperson at a retail chain known for terrible, terrible customer service and frequently failing to comply with consumer laws. I was just a salesperson, though, so I wasn't going to be particularly fussy about telling off the head office when I spotted problems. (They treated me awfully, I kinda grinned when people complained about being ripped off - especially when I was able to back up the complaint.)

After huge numbers of complaints resulting in lots of could-have-been-avoided-if-staff-weren't-dodgy payouts, refunds and fines, we were all made to watch a DVD about the ACL. It explained things poorly, and often made outright misrepresentations (the complaints continued to rush in - but none ever about me).

A few months later, I exercised a retailer's right under the ACL against a problematic customer. I explained to her, after she'd caused many problems and cost us money, that we were happy to keep taking her business - but if she did the irksome stuff again, we'd be exercising our own rights under the ACL to mitigate our losses. When she ordered something from us, I made a note on her order for other staff, so they'd know she'd been warned before the order and if she tried her usual tricks to let me or our store manager know.

Our office admin - who seriously thought that if a customer paid by cheque YOU GAVE THEM THEIR STUFF AND GAVE THEM THE CHEQUE BACK AND TOLD THEM TO COME BACK WHEN THE CHEQUE CLEARED TO GIVE US THE MONEY seriously I swear to God you can't make it up - came up to me one day, screaming, saying "That's illegal!!!!!111!1" (you could see the 1s in her voice). Now, I know what's illegal. I've resolved ACL-related disputes alongside the lawyers. The right I was exercising was stated in plain English for all to see. It wasn't some weird, technical thing, open to interpretation.

"No, it's not."

"IT'S ILLEGAL!!!"

"No, it's not. Under section - "

"Didn't you watch the DVD?! It's illegal!"

"It isn't, and if you think it is, you should speak to the store manager and regional manager. I spoke to them first, because while what I was doing is allowed under the ACL, our internal policy normally says not to do it. They agreed I should do it in this case."

"No, they didn't! It's illegal and they know it!"

"No - you know what, okay. But it's done now."

The store manager came in later. I told him a) it isn't illegal; and b) tell her not to ever come screaming at me like that again, even if she's right. He felt full of doubt so contacted our head office, who sent him an email stating, clearly, that it was not at all illegal and that under the specific circumstances I described in my note on the order, they're happy I did it.

'cause, you know, you work in an office for six months making a crapload of mistakes and you know better than the guy who did it for an enormous company, never had a single issue, and knows the law inside and out.

(If you've guessed it, yes, I am a lawyer.)

Comments

  • +6

    Did not read.

    • +3

      Loaded page to this comment… read.. and then slowly scrolled up. Wowsers

    • I stopped reading after

      Now, to be clear, if I want a refund or exchange… I get it.

      Seeing the comments below, I will not write how I see the OP for fear of receiving a 1,000-word reply

  • +4

    Thanks for the interesting read. Might study this for my HSC

  • +6

    I see now why some lawyers charge a letter based on per words.

  • Whats a rich lawyer doing in here?

  • Yes, I agree. Be nice and say what conclusion you're after, and you might get it.

    Our office admin - who seriously thought that if a customer paid by cheque YOU GAVE THEM THEIR STUFF AND GAVE THEM THE CHEQUE BACK AND TOLD THEM TO COME BACK WHEN THE CHEQUE CLEARED TO GIVE US THE MONEY

    I don't understand this part of your story.

    What did the note say that made it "illegal"? Was it that you don't accept cheques? Or was it merely writing the note itself? Or was it that you noted to not give the goods to this client when paying by cheque?

    I think you missed a vital part of the story.. Or perhaps I need another coffee.

    Cheques take 3 business days to clear, so I wouldn't be handing over any goods before it cleared.

    • Story… or rant.

  • +2

    TL;DR - Be nice and treat others how you'd like to be treated

  • I don't know why but i read the whole thing lol

  • +2

    I didn't read so am going to guess what you want us to discuss.

    I find bunnings easy to deal with for refunds. Just take something back with the receipt and the only question they ask is 'is there anything wrong with it?'

  • you're a lawyer working as a salesperson at the moment?

  • Interesting read, thank you! I've found it really helpful to understand my rights as a consumer - far too many businesses have no idea (or so it seems).

    Since you seem so experienced with this - I was wondering if I could ask a question? Have you come across a situation where a service was promised to a consumer, the service carried out, the consumer paid, then the consumer got home and realised the service was indeed carried out but… very badly (ie unacceptable) - and consumer hadn't noticed in the store (due to nature of service)? What happens in this case?

    From my interpretation of the ACL, if the service has a major issue and is not "fit for purpose" or is inappropriately carried out, I'm entitled to a refund or credit. Does this sound right? In this case, obviously I was the consumer, who tried to contact the business that same day but they were closed, then went on an overseas trip the next morning with no internet/phone for 10 days - and contacted the service provider again the very next day after I was back in the country, explaining the situation, showing a receipt, showing evidence (photo) of the poor service, and explaining why I was so late to get in touch.

    No joy though - the provider has been aggressive and bull-headed from the start. And it's not an insignificant amount, either. :(

    Any advice welcome. Or if not, then… hey it's off my chest. :)

    • I'd say go to your states fair trading and get their advice. You may need to get an independent professional opinion.

      May I ask what the service provided was?

  • +3

    Sounds like you have better luck at retail than fast foods

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