Buyer Beware: Kogan Refused to Provide Full Refund for Return When Item Listing Omitted Key Info

I wanted a door way pull up bar that doesn't require mounting using screws - I rent so i cannot damage walls using screw mounts. I've seen numerous "door gym" products that use leverage to secure to the door frame, without requiring screws. I found Kogan selling one for $30, which was a bit cheaper than going to the local Rebel sports store, even with the $15 shipping, so I ordered it. When i got it i found it does actually require mounting using screws, and this was not indicated in the item description.

The item is here https://www.kogan.com/au/buy/professional-doorway-chin-pull-….

When I initially contacted them, they said they would not accept a return because that product doesn't fall under their "change of mind policy". The only reason i changed my mind is because the description omitted essential info to use it. I wouldnt have ordered it if it included that info. Later they said the item listing includes all the relevant info (it doesnt!) but they would make an exception for me. I'd have to pay shipping to return it and i wouldn't get a refund for the original shipping. All up, the original and return shipping would cost about $30, the same as the product, so i'd still be at a loss of $30, the cost of the product. They said the listing includes a photo that shows the mounting brackets. This is true, but nowhere does it say in the listing or the photo that those brackets are for mounting, that using the brackets is required to use the product, or that the installing the brackets requires installing screws into the wall.

I tried to mount the product without using the brackets but it wasnt secure. It even dented and scratched the wall just hanging it on the door frame, without the brackets.

I definitely will not shop at Kogan again and i caution everyone not to either.

Here's my correspondence with Kogan:

Jake
Nov 18, 10:23 AEDT
I purchased the "Professional Doorway Chin Pull Up Gym Excercise Bar". Upon receipt I found it does not fit securely in any of my doors without using mounts that need to be screwed into my door frame. As I rent, I cannot install this in the door frame using screws. I also found that when trying to install it in the door without the mounts it has dented and scratched my door frame. I therefore cannot use this product and wish to return it for a refund.

Hi Jake,
Thanks for contacting Kogan.com. This is just a quick email to let you know that we have received your message. For reference, your ticket number is 6902164.

If our help centre articles are not able to resolve your issues, please reply to this email with the info below to speed up your resolution:
- A copy of your invoice for proof of purchase, which you can find at https://help.kogan.com/hc/en-us/articles/360001912208-How-to…
- A photo or short video demonstrating the problem or concern you are experiencing. This will also help us to confirm the condition of the product.
- For larger video files, please upload your video to www.streamable.com. This will generate a link, which you can then pass on to us.
We will be back in touch with you as soon as possible, and please make sure you check your "Spam" or "Junk Mail" folder regularly
Please note: We will endeavour to reply to your messages as quickly as possible. In an effort to help us, please refrain from replying to your own ticket repeatedly as this will lose your position in the queue.
Kindest Regards,
The Kogan.com Team

Hi,

As requested, attached to this message are:

(1) Invoice of proof of purchase
(2) .docx file containing three photos:
(1) Figure 1. Door gym does not mount securely on door frame without screw-in mounts
(2) Figure 2. Scratches/dents in wall, above door frame, made by door gym
(3) Figure 3. Part of door gym that causes scratches and dents in wall above door frame (only left side shown in photo)

Kind regards,
Jake

Ruth (Kogan.com Help Desk)
Nov 19, 19:29 AEDT
Hi Jake,
Thanks for your email and for the attached files.
I'm sorry to hear that you are having an issue with your item. Let me assist you.
I have now contacted the manufacturer directly with the information regarding your item. From there, they will advise the best course of action.
Once we can confirm this, I will be in touch with you again to provide some more information on how we can proceed.
I appreciate your understanding.
If you have any further questions or concerns, please let me kno
Kindest regards,
Ruth
Customer Care Team

Ruth (Kogan.com Help Desk)
Nov 20, 10:51 AEDT
Hi Jake,
Thanks for your patience.
I have heard back from our suppliers.
I understand that you would like to return your product, however, the item that you have purchased does not qualify for a return under our Change of Mind Policy.
For this case, we have properly advertised the product being constructed with heavy-duty steel and also posted in one of the photos that it comes with brackets. As normal, these types of products with brackets will have to be bolted to the wall (where drilling is the most preferred way to do so) as need to be as sturdy as possible to hold the weight. Given this, the customer should have also noted the same and would know that it will not work for a rental property where any damage to walls are not allowed.
We work extremely hard to ensure that all of the necessary documentation and information regarding a product and its specifications is made available on the product listing so that our customers can make a well-informed decision prior to purchasing.
I apologise that in this instance we are not able to assist you with an exchange.
Rest assured that your product is still covered under warranty and if you experience any issues at all, I'm always happy to help!
Please let me know if you have any further questions or concerns regarding this matter.
Kindest regards,
Ruth
Customer Care Team

Dear Ruth,
The item description on the Kogan.com website does not state the product must be mounted to the doorway wall using screws. While one photo shows mounting brackets, no description of these brackets is provided that explains their purpose or that they are required to use the product. Had the item description indicated mounting the product to the wall using screws was required, I would not have purchased the product.
The Australian Competition & Consumer Commission (ACCC) website states,
When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.
The ACCC defines a “major problem” with a product as,
… a problem that would have stopped someone from buying it if they’d known about it. (https://www.accc.gov.au/consumers/consumer-rights-guarantees…)
Because I would not have purchased the product if the item description indicated mounting it with screws was required, if Kogan refuses to accept my return then I will have to file complaints with both the ACCC and the NSW Office of Fair Trading. If I have to do that then I will also post details about my experience with Kogan, cautioning others against doing business with Kogan, to my personal social media accounts (listed below this message) and on www.productreview.com.au, www.reddit.com, and www.ozbargain.com.au.

Kind regards,
Jake

https://twitter.com/
https://www.facebook.com/
https://au.linkedin.com/in/

Jonathan C (Kogan.com Help Desk)
Dec 5, 12:41 AEDT
Hi Jake,
Thanks for your patience here.
Upon reviewing the information provided, I can confirm that the listing is correct and provides the relevant information to use the product.
I do apologise that this product was not suitable for you to use at home given you are unable to install this accordingly.
In the interest of resolving this matter, I would like to make an exception and arrange a return in line with our Change of Mind Policy for account credit.
To get the ball rolling, can you please send through a photo of what you received in its current condition?
You can attach the photo in your reply email.
So that I may process your claim promptly, can you please confirm the following information:
• Current Address
• Contact Phone Number
Please don't return your item prior to receiving your Return ID confirmation.
If your item is under 1 metre and 20kg, we will provide a link for you to purchase a prepaid AusPost label for a flat fee of $12.88. You can return the item via post or courier at your own cost as I realise a discounted label will not be feasible for the price of your item.
Once we receive the item, it will be checked into our system and you will be notified via email.

Upon confirmation that the unit is undamaged and in a reasonable condition, your account credit will be processed.
Please let me know if you have any questions throughout this process.
Kindest regards,
Jonathan C
Customer Care Team

Dear Jonathan,

As requested, I have attached photos of the product. It has never been used, as I am unable to use it.

You stated you can “confirm that the listing is correct and provides the relevant information to use the product”. The listing states:

*Mounts and unmounts from any standard doorway in minutes *Great upper body workout, including chin-ups and pull-ups *A variety of grip positions to maximise your workout *Comfort padded hand grips *Constructed with heavy-duty steel *Some assembly required; hardware and instructions included
The listing does not include the essential information that mounting the product requires screwing brackets into the wall. Moreover, I have seen identical products that are specifically advertised as not requiring screws to mount.
As I would not have ordered the product had I known that mounting it to the wall with screws was required, and because this information was not provided in the item listing, if Kogan is unwilling to accept my returning the product for a full refund covering the original and return shipping, I will post a full description of my experience, including links to the Kogan webpage for the product and all email correspondences I have had with Kogan regarding this dispute on www.productreview.com.au, www.reddit.com, and www.ozbargain.com.au. I have saved screen shots as well as html files of the item listing showing it omits the essential information that mounting to the wall with screws is required. I will also share these descriptions of my experience to my social media accounts (Twitter, Facebook, and LinkedIn) and submit formal complaints to both the Australian Competition & Consumer Commission and the NSW Office of Fair Trading.

Kind regards,
Jake

Jonathan C (Kogan.com Help Desk)
Dec 7, 10:11 AEDT
Hi Jake,
Thank you for getting back to me.
While I can certainly appreciate your disappointment here, I do apologise that we would be unable to arrange for this to be returned for a refund.
We go to a lot of effort to ensure that all of the relevant details are available on a product's advertisement so that our customers can make informed decisions prior to purchasing.
In our second image, we provide a photo of all components to this pull up exercise bar, and the mounting brackets are present where traditionally, they would be secured by mounting these into the wall.
This allows the pull-up bar to support the weight of up to 135kg.
Other pull-up bars without being secured in such way are unable to support the same amount of weight as this one.
Our sincerest apologies once again that we are unable to assist further with your requested refund.
You are still welcome to take advantage of our exception to our Change of Mind Policy should you wish not to keep this item.
If there is anything else I can help you with, please let me know.
Kindest regards,
Jonathan C
Customer Care Team

Dear Jonathan,

I would like to prepay for the return flat fee AusPost label. My current address is:

[redacted] St
Wolli Creek NSW 2205

My phone number is 0422 {redacted]. Please provide instructions for how I obtain this label.

You have mentioned that the item listing includes a photo that shows the mounting bracket. This was discussed already in previous correspondences, and I responded:
While one photo shows mounting brackets, no description of these brackets is provided that explains their purpose or that they are required to use the product. Had the item description indicated mounting the product to the wall using screws was required, I would not have purchased the product.
I of course do now know those brackets are for mounting to the wall with screws because I have received the product, and the instructions explain this. However, I should not have needed to receive the product to become aware of this. It should have been indicated in the item listing that use of the product requires mounting to the wall with screws.

I will forward to you weblinks to my reviews of my experience with Kogan. I will also be submitting complaints to both the ACCC and the NSW Office of Fair Trading. It is unfortunate that my experience with Kogan has come to this. I will certainly not be doing any future business with Kogan and will be warning my friends, family, and work colleagues against doing so as well.

You claimed,
We go to a lot of effort to ensure that all of the relevant details are available on a product's advertisement so that our customers can make informed decisions prior to purchasing.

But this is clearly not true when all you had to do to avoid the confusion with this product was to include a single sentence in the item listing noting it requires mounting with screws to the wall.

Kind regards,
Jake

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Comments

          • +3

            @Scrooge McDuck: It gets worse, I purchased this item, linky I plugged it in, and nothing, nothing at all.

            I have it setup exactly as in the fourth pic. No difference what so ever. It simply does not work. I read the description, no mention of needing addition parts or accessories. I just don't understand why Kogan continues with this misleading advertisement.

      • +1

        i know what a picture frame is.

        It's also your responsibility to know what this is too.

        it doesnt say what those brackets are for mounting, that they require screws to mount, and that using the brackets is required to use the product. it's easy to criticise after the fact, when it is very clear that brackets are for mounting, that they require screws, and they are required to use the product, but none of that is clear before you buy unless you already have one of these.

        Why would you assume they're not required rather than asking before purchasing?

  • +5

    Just thinking about the amount of time that Jake could have been saved by contacting Kogan before making the purchase to confirm the specs.

    • -3

      got a time machine??? i've learned my lesson, i will not buy from kogan again.

      • It's cheaper here and it includes a how-to for the brackets.
        https://www.ebay.com.au/itm/192622085384

      • +8

        The lesson here isn’t to boycott Kogan; it’s to do your homework before purchasing.

        • +5

          But OP isn't wrong, the world is!!

          • @Scrooge McDuck: geez all this post for $30 dollars, most people dont have time or < 30$ per hour

      • I’d expand this checking before you buy to other retailers too, not just Kogan.

  • I guess OP was expecting to use double-sided tape to mount that thing in the doorway to hold his weight.

    • many people use identical products without mounting brackets. it works by using leverage force on the top and side of the door frame.

      • +3

        Clearly not identical products then.

        • +1

          When I started reading this thread, I had genuine compassion for the OP. But after reading his comments, hilarity ensued.

          I dub the OP: Identitroll.

        • Yeah, isn't that the point of the thread?
          Get your story straight OP

  • +2

    Lol.

    Why would you automatically assume, in the absence of any information about the installation, that it didn't require screws? That the photos of the brackets were for - what, exactly?

    You stated you've seen identical items advertised as not requiring screws to mount. This item had no such advertisement, surely that raises the question?

    Move on.

    • ive seen the same item listed on ebay, it shows the identical instructions that came with mine, and the listing on ebay specifically says it doesnt require screws to mount.

      • If you bought it from the eBay vendor, you might have a point.

        As you bought it from Kogan, who made no such representation, you're SOOL.

        What you needed to do was email their customer support before purchasing, and old mate Jonathon would've cleared it up for you.

        • -2

          So i should email and ask questions about all the things a description does not list are not required?

          • +8

            @jaketheory: When you only need to know one specific detail about it then yes!! Obviously. Delete this post for your own safety… You've just shown your name and job to thousands of people who already hate you within seconds (not minutes unlike the pull up bar mounting set-up)

          • +1

            @jaketheory:

            does not list are not required?

            Well, you're not going to send them an email and ask if it cooks your toast. But you just might send them a note and ask if it requires screws given it is essentially the one thing that (you thought) differentiated this item from all the other items you took the time to look at and was the critical piece that forced you to purchase it.

            Look, lets put it this way. You're on a consumer forum, and everyone is telling you that you made assumptions that are not reasonable. What is it that you think the ACCC and Fair Trading department's base action on? I'll give you a hint - It's not what one individual may perceive, but rather what could be reasonably perceived. This should tell you all you need to know about how wrong you are.

      • Link please.

      • +1

        So the eBay listing had false information, not the Kogan listing.
        Why aren’t you boycotting eBay instead?

        • +4

          Because he's a man of his word, and he already threatened Kogan.

      • +1

        "…the listing on eBay specifically says it doesn't require screws to mount."
        ….
        And?


        This one doesn't say that!
        So, you made an assumption that they were identical, when obviously they were not.
        If one has it written "specifically", and the other doesn't, maybe it is for a reason?

        OP, please work on your compensation skills. It might help you in life.

  • Yes as per a post I made recently re: a prepaid mobile phone plan gone wrong Kogans Customer Service leaves alot to be desired… No exact email address, ask you to submit the same information over and over and really hope youll just go to Help Centre (where most questions are answered according to them) so they dont have to help you personally. Happy to send me emails every other day about deals theyre running but not return my emails or help with my issue.

    • I did actually say something didnt I?

  • In the ad it obviously needs screws. It’s $30, just take the store credit already

    • +1

      how is it obvious from the ad? it is obvious because hindsight is 20/20. the photo also shows straps, which are not required to use it. maybe the brackets are also not required to use the item. maybe the brackets are for the straps. maybe it's not a bracket, but a tool for assembly. yes, it is obvious that it's a bracket, and that its required to use it, and that it requires screws, after you already know about it.

      there are not even any screws shown in the photo.

  • +1

    See if you can get PayPal to cover the return costs

    https://www.paypal.com/au/webapps/mpp/returns

    I don't shop at Kogan anymore since they accused me of lying when they sent me the wrong size sim card. If would have been easy to check or ask me for proof.

    I threw the sim away and went with a different company after that

    Their customer service is terrible

  • You might want to remove your real name. I have looked at the ad and there is no mention that no mounting screws are required. Unfortunately you assumed this. I would take the store credit and live and learn, try to resell it maybe. It’s not worth your time stressing about $30. Also you need a TLDR.

    • +1

      there are an infinite number of things the ad doesn't say you don't need. the description should indicate the things you need, not the things you don't need. indicating things you don't need would just be an added bonus to help sell the product.

  • +4

    It clearly states 2 things that would easily have indicated it requires screws: "Mounts and unmounts from any standard doorway in minutes." "Some assembly required; hardware and instructions included". You made 100% effort to assume something and 0% effort to contact them to clear any assumptions YOU had.

    You're very lucky they even made the exception for you period, they are under no legal obligation to refund you and you can confirm that with the ACCC.

    The shipping cost is always at your loss regardless; it's a transportation fee that you're paying to transport the item to or from you. That's like saying if you drove to Kogan to pick the item up, they should refund the petrol you used. You chose to drive, they did not force you to drive. The same way you opted to have something shipped instead of going to a local (Rebel) store.

    Next time, instead of writing an entire essay to a seller after you've made the error; write them a few lines before buying the item to ask whether it does something you want or not, if it's not written in words that you understand.

    • -4

      no, the description does not indicate it requires screws. it says nothing about screws, and the photo does not show any screws. it does require assemlbly - i assembled it, and i used the hardware and instructions it included to assemble it. i knew that it mounts and unmounts in the door way - that is why i bought it. but no where is it indicated that doing so requires installing screws in the wall.

      • +1

        do you know what mounting means?

        if it doesn't need screws it will read: "hooks onto the door frame hinge. No mounting needed"

        In fact you need minutes to mount it should indicate this is not a "hook & pull" set up

        Also the brackets are well indicates in photo 2 to spur warnings or alerts on this item. Don't say it is hindsight analysis, I have phoned stores countless times when I saw something in the pics that I thought shouldn't be there to confirm wether installations/mounting is needed. This is because I have bought items before that didn't come as I thought which I could have avoided.

        First thought seeing the brackets should make you call or go to the store to see a real one, not discount it as an optional item.

        Better safe than sorry.

        Make this a lesson

      • It does indicate it requires screws. It does not explicitly say it (because it does not need to) but it indicates it. And the fact you acknowledge that it "says nothing about screws" is worse. It said nothing about screws, so your first assumption is that it doesn't require them instead of "it might need them it might not" like most people with common sense. So again, instead of assuming that it didn't come with screws, why didn't you contact them prior to buying it?

  • +14

    Please change title to
    Stupid Buyer: I made a mistake in buying the wrong thing and i expect Kogan to fully compensate the cost of my mistake.

    You made a mistake.
    This is no reason to not use Kogan.
    You were LUCKY to even get $15 back on is as they probably just didn't want to deal with your nonsense, and you had no right to it through the ACCC for a refund.

      • ACCC has already ruled against Kogan in prior submissions.

        The ACCC doesn't make rulings. Their job is to initiate legal proceedings in federal court. It's then up the judge or a jury to determine if Kogan is acting unlawfully.

      • +3

        i made a mistake to buy from kogan. i wont make that mistake again.

        If you make assumptions, you'll keep making the same mistakes and buying the wrong thing again and again, regardless of which merchant. You might as well avoid all online stores.

        The ad may not specifically say it requires screws to mount to wall, but it also doesnt say it doesnt require screws.

      • +2

        made a mistake to buy from kogan??? you really are an idiot.
        this will happen to you again

      • I don't think the ACCC is responsible for improving Australia's public education system. Don't know how else you expect them to help here.

  • +12

    What’s truly remarkable is that not one person who has replied to you agrees with your point of view; yet you haven’t for a moment wavered.

    Maybe take a moment and consider that you could be in the wrong.

    You’re right…screws weren’t specifically mentioned in the description. But the description clearly stated assembly was required; and the brackets pictured clearly have screw holes.

    Instead of being angry at Kogan for not anticipating your very specific expectations; maybe be angry at yourself for making an assumption that has ultimately lead to you buying a product that was not fit for purpose.

    And please, don’t mention ‘identical’ products on eBay (irrelevant); or that you’ll never shop at Kogan again (childish).

  • -1

    I reckon the OP is a millennial and as such thinks everything is someone else's fault.

    • The Entitlement is strong in this one….

  • +1

    Sell it on fb marketplace or ebay and recover losses. From what I can see for the price of the item, you're letting your frustration get the best out of you. We all make mistakes. From listing's point of view it was incomplete instructions, from your point of view you didn't read return policy good enough. Sometimes online shopping isn't the best when it comes to returns, so factor that in when comparing.

    Cheers

  • +3

    OP
    You must be kidding.
    How did you expect this to be mounted and hold your weight???

    What you are asking for is installation instructions.
    These do not for part of any item description.

    So maybe you should have called Kogan and asked how it is mounted.

    Sorry but YOU made the mistake OP. Not Kogan.
    You failed to research the prpduct properly.
    What you expected is the exception to the rule.

  • It's not super obvious unless you closely inspect pictures other than the first one… But even the first picture doesn't look like one of the bars that stays up without mounting. Just give it to someone dude.

    Make it an unsolicited Christmas gift for a teenage boy. Give it to a coworker. Put it on gumtree for 25 bucks pickup. Cheap but easy mistake to make.

  • Why dont you just pay $11.95 per month for a gym membership ?

    • no commercial chain charges $12 a month..

      • Sorry meant per week !! Jetts etc.

    • pfft, that's not the OzBargain way. Most local parks and playgrounds have a basic chin-up pull-up set of bars these days or playground equipment that can do the same.

  • jesus christ i wouldnt even waste my precious time for $30… just walk away and sell it on gumtree.

  • +1

    Q: How long would it take to mount if the screws and brackets were not required?
    A: Instantly/Seconds

    Being that they state "mounts in minutes" is a logical link that you cannot just hook it on and go, or the brackets will have to be installed first.

    I side with Kogan on this one.

    The confusion came from the misleading ebay ad imo.

  • +3

    Didn’t mention it requires screwing in for mounting?

    Neither does this TV wall bracket
    https://www.kogan.com/au/buy/kogan-slim-tilt-adjustable-wall…

    Dodgy af

    • +4

      Seriously? I rent so i can’t drill into the wall mounting anything. I was worried on how the fk i could mount the 55” tv to save some space. Thanks for the find.

    • +1

      Can vouch for these, come with a little pack of fairy dust that you sprinkle onto the wall to hold everything in place. No drilling required and works a treat.

  • +4

    I think Kogan is happier that OP is boycotting Kogan. I feel sorry to the Kogan staff having to go through the emails.

  • +3

    Figured I'd post my experience with Kogan returns here - had an ~18mo Nexus 5X that bootlooped (common fault).

    Contacted them to discuss fault and warranty expectations. They responded asking for some details (as expected). Gave me details for free return postage.

    Returned product for assessment, which obviously came back as unrepairable. Was offered selection of replacement items. Wasn't interested in any of the replacements, so requested refund.

    Kogan gave me a full refund (minus postage, which is fair).

    Very happy with their handling of my case.

    • +1

      I had similar experience with my phone a couple of years ago. They offered me full refund or replacement with other brand in similar price range (the current phone is no longer in stock).
      I chose replacement and I didn't have to pay a single cent.

      But the whole process took a while, roughly almost two months between initiating the first contact with Kogan and receiving the replacement.

      • To be honest, I think two months for warranty type situation isn’t that bad.

        I bought Tim tams from amazon and waited 5 waits for delivery. Standard process of sending out something I bought that was in stock. Imagine how much longer if I had problems with my Tim tams!

  • +2

    I feel sorry for Kogan or any business that this man have bought from them.

    I to have no problem with Kogan returns. The hassles I have to face is the repackaging to be sent back to Kogan for warranty.

  • +2

    I think we need to have a new thread…
    Seller Beware: Buyer demands Full Refund for item When they didn't pay attention to photos or ask questions.

    Just another day in a life of a retailer..

  • +3

    Hi OP I currently rent and was wondering if this pull up bar is worth buying?

    • Lol

  • +4

    I didn't read the entire post, or any comments, mostly because I'm drinking.
    Basically I'm bookmarking a reminder to read later, what could be a hilarious thread.

    Cheers! clink

    • Loving the honesty of this post.
      Cheers.

    • Good call Brotato, don't drink and read OzBargain threads lest you spray beer all over your keyboard when you kek.

  • 99.9% of the posters are objecting against Op, what does that say? I didn’t even bother reading all the gibberish that was posted which would result 5 min of life gone. I think this thread should be closed.

  • I think the fact you will not use this purchase is a blessing in disguise, I know for a fact, force applied by this device on the doorframe can damage it. You're better of using nature or even a pull up bar that is held by outward pressure.

  • This is Gold,I need more popcorn.

  • -7

    You're still protected under consumer law as the item was unfit for the purpose which you purchased it for. I would argue you have a more than convincing case considering there's even a picture showing what's included and there's no spare screws for mounting pictured.

    Note a lot here mention some kind of picture showing screws if you look closely - that's not really a solid argument. The reasonable consumer is an idiot - such an argument doesn't hold up unless the information they provide is idiot-proof.

    In the future, when the seller won't help you out directly make sure you have other avenues available (ie PayPal/card provider/etc). PayPal are very good at automatically accepting chargebacks where there's a clear indication consumer law has been breached. No point arguing with their support who probably doesn't even have the button required to process a full refund.

    • unfit for purpose does not cover you being an idiot and purchasing the wrong product, it is specifically for when the vendor has mislead the consumer into thinking it was fit for purpose. In this case no such misleading action occurred, purely the purchaser making a silly assumption rather than asking.

      specifically the consumer rights states "are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit ". i.e for them to have violated his consumer rights he would have had to have told them he needs one without screws and they sold him this one anyway or would need to have implied it required no screws, neither seems to be the case here.

      • -2

        unfit for purpose does not cover you being an idiot

        It literally does, no matter if you agree with it or not. The reasonable person is almost always an idiot. Consumer law is all based on the reasonable consumer. The onus of proof is also on Kogan to show the customer (OP) ISN'T a reasonable consumer. I can't personally see how they can argue this when they've not specifically said it requires screws, don't show any screws in any pictures or parts lists, etc. I'm yet to see a solid argument clearly outlining OP was unreasonable.

        it is specifically for when the vendor has mislead
        "are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication)"

        The guidelines you copy/pasted indirectly answer your question here.

        For reference:

        57 Guarantees relating to the supply of goods by sample or demonstration model
        (1) If:
        (a) a person supplies, in trade or commerce, goods to a consumer by reference to a sample or demonstration model; and
        (b) the supply does not occur by way of sale by auction;

        there is a guarantee that:
        (c) the goods correspond with the sample or demonstration model in quality, state or condition; and
        (d) if the goods are supplied by reference to a sample—the consumer will have a reasonable opportunity to compare the goods with the sample; and
        (e) the goods are free from any defect that**:
        (i) would not be apparent on reasonable examination of the sample or demonstration model; and
        (ii) would cause the goods not to be of acceptable quality.

        I would argue the pictures shown serve as a reference/demonstration model and (obviously in OPs case) the issue wasn't apparent on reasonable examination. You could argue his examination wasn't reasonable, but the onus of proof is then on the business to create a defense and show this. Arguing that the consumer should open up a particular image, zoom in and take note of the small latches which have screw holes is a pretty poor defense.

        Kogan's full defense (if you didn't read all of OP):

        For this case, we have properly advertised the product being constructed with heavy-duty steel and also posted in one of the photos that it comes with brackets. As normal, these types of products with brackets will have to be bolted to the wall (where drilling is the most preferred way to do so) as need to be as sturdy as possible to hold the weight. Given this, the customer should have also noted the same and would know that it will not work for a rental property where any damage to walls are not allowed.

        55 (Guarantee as to fitness for any disclosed purpose etc), 56 (Guarantee relating to the supply of goods by description) and legislation relating to misleading conduct (more so with the email responses) also applicable.

        Side note: I've returned RAM under consumer law after it was incompatible with my system. I was also an idiot there, just like OP - I should have checked QVL to ensure the RAM was compatible before purchasing. The purchase was still protected under consumer law as the reasonable consumer can't blindly be expected to know if the RAM is compatible with their system or not when there's no disclaimer that compatibility may vary. Ultimately, the RAM didn't work for the purpose I (as a *reasonable consumer) bought it for.

        tl;dr:
        No one has provided a solid argument that OP was unreasonable in his assumptions, therefore he IS protected.

  • OP, just get lost.
    Enough with your junk here.

  • +2

    Also what is lacking in the Kogan description is that the person using the equipment might become too muscular and would have to buy larger clothes. Kogan should write that they will not reimburse the buyer if it happens. Very misleading description indeed.

  • Well the OP got a finger workout writing emails and replies here. Should count for something.

  • +2

    I actually agree with OP. Does't look that different to ones that use leverage. In fact, it's the first one I've ever seen that requires you to screw into wall. In the end, both sides couldve done their part to know whats being purchased. Kogan couldve added a sentence. OP couldve asked.

    Saying that though, it's Kogan, not Amazon. Someone has to pay for shipping. When I lived abroad, I used Amazon for almost everything because returns shipping was paid for by them. But can't really expect every online shop to do that, else people can just buy and return with the intention of bringing down a business with delivery fees.

  • -7

    Ignore all the people saying it's your fault for them not putting up an accurate description of the product. I think you can reasonably argue that the product doesn't match the description and is therefore not fit for purpose.

    I'd like to point out that you say you're returning it for change of mind when that's not the case at all. You're returning the item because it isn't fit for purpose. There's a clear distinction between the two, make sure you keep that in mind.

    Your first step is to tell them you would like a full refund including cost of returning the goods, otherwise you will escalate the matter with Fair Trading and NCAT.

    If they do not agree to that, then you should first write a complaint to Fair Trading and include the relevant product page and subsequent correspondence. Fair Trading will contact them and give advice to both parties about their rights and obligations, but do not have to power to make any legal enforcements.

    If the matter hasn't been resolved after that, you can take the matter up with NCAT. It costs money to do so, so you should weigh whether it's worth the time and money to make a claim. Prepare your case for your hearing date. If they believe you are in the right, they will make an legally binding order to Kogan to resolve the issue.

    Good luck.

  • Does Kogan even write the descriptions for the products?
    I would have thought they just used some manufacturer written piece.

  • Buyer beware? Slamming Kogan because you've had one bad experience due to your own dumb fault?

    Mods delete post or at least redact title.

  • Kmart sell a screwless one for $12. Works well

    https://www.kmart.com.au/product/chin-up-bar/824317

  • +1

    OP beware, Kogan also fail to mention:

    • Doing pull ups may cause muscle discomfort and soreness

    • Working out too often may make you tired

    • Working out too often may make you tired

      or MASSSIVEEEE!

  • I don't get what the OP is on about. Clearly the product doesn't require the use of screws - the same as every other version of the doorway mounted pull-up bar that has been produced over the past 20 years. The brackets and screws are only provided as a safety measure to retain the product when it is NOT IN USE, otherwise there's a chance it could fall off the door frame if the entire apparatus was tilted upwards (i.e. exactly what you do to remove it from the door frame). The brackets and screws do not do anything whilst the product is being used, and the pull-up bar will perform flawlessly without them. I would therefore suggest the real reason the OP wants to return the bar is because he manhood was left in tatters when he discovered he wasn't even close to being able to perform a single pull-up.

  • OP - I call BS on your claim that "It even dented and scratched the wall just hanging it on the door frame, without the brackets."
    You're either lying, or attempting to use it on the wrong type of door frame. Care to provide some pictures of how you've attempted to use it? I didn't think so.

    • well… it is said to hold 135kg with brackets

      This is maybe why he bought this one and not the cheaper target ones which doesn't need mounting (those have a lower weight limit)

      So Op might be 130kg for all we know… I don't think any door frame can stand a 100+kg man hanging from it

      • As I already mentioned, the brackets are only to retain the device when NOT IN USE, and won't magically increase the load bearing ability of the bar.

        As to the door frame, mine would have no problem whatsoever. By the sounds of things the OP's door frame is not suitable, and screwing brackets into the door frame or wall isn't going to help.

  • it supports 135kg without mounting screws to the door frame. You got to be kidding, your wasting your time chasing crap like this. Suck it up or resell it on gumtree, at most you will lose 15 dollars.

  • +2

    Are you sure you need to mount this?

    I have the exact same pull up bar and don't have it screwed in at all. Could be some sort of different model but it looks identical in all ways.

    I put some paper underneath each place it touches the wall to prevent any scratches/indents, but otherwise it fits fine. I'd try checking your doorway again?

    • There's apparently latches which needs to be mounted, pictured in image 2.

      I agree though, looks identical to the other kind…

  • possible solution. cut a sheet or strip of wood into four pieces. then use as cheeks like when using a vice.

  • do you lift br0

  • +2

    Last Seen 09/12/2018

    Typical

    • +1

      Lol at the revision edit for personal details.

  • This OP is the reason why we have pages and pages of terms and conditions..

  • Mounts and unmounts from any standard doorway in minutes

    Also:

    It looks like the brackets screw into the top of the door frame. No one would notice unless you left it installed during an inspection.

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