Harvey Norman Online Refusing Refund after Unfulfilled Order of Apple Watch (Only Willing to Refund with Gift Card)

So I bought an Apple Watch from their online store on 31/12/18 that was showing as in stock at the time.

2 days later, I get an email saying it’s backordered but should be in stock in 10-15 business days. It is now 6 weeks later and I still don’t have my order.

I have asked the store for a refund, they said they cannot process it. I asked online orders for a refund, they said I can only have the money back on gift cards as that is how I paid. The problem is, I want a refund for the gift cards too. I want my money back so I can order through Apple directly and just get the damned watch. They are refusing stating that, because the gift cards have been used, I cannot get a refund on them. My argument is that I used them to purchase a product that couldn’t be fulfilled by them in the first place so I should be entitled to a refund. They refused.

Do I have a case to make a complaint to a government body? Is there an ombudsman for such an issue? I just want my money back as they cannot tell me if or when they will get the product. Apparently, it could be another few months. Wtf?

I currently reside in Queensland.

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Comments

    • Yup you’re right. I’m gonna take option 2 and maybe just sell the gift cards privately. I get the feeling from speaking with the guys in store that they have no idea when it’ll come in. Seems their online ordering system doesn’t provide for timelines on Apple products. It seems strange but it is what it is.

      • +1

        I've thought out my plan. I'll wait for the order for the time being, but if a good XM3 deal comes up, I'll cancel the watch and get my gift card back, get HN to price match, buy 2 of them and also claim TRS on it too.

    • 3 - Wait 6 months for Apple to release the 4mm Super-Duper Space Metal watch that will be the new must-have accessory and repeat the above process

  • +1

    Don't think you have a case to demand cash refund (or whatever you call it). Any chance you could perhaps buy a different model from them? You can then buy a Nike+ band and then you will have an Apple watch and two bands. And considering you paid HN using discounted gift cards you will still end up paying less for Different Watch Model + Nike Band - than you would pay Apple for just Apple Watch Nike+.

    Update: Looks like Nike watch has more than just a band - faces for eg.

  • +1

    ive done the same thing. i ordered 2 apple watch 3 and i waited more than 6 weeks. if they dont have stocks they would order from suppliers and they wont guarantee when they will come. i had to cancel it,sold the giftcards and ordered from jbhifi and it came less than a week

  • +3

    I asked online orders for a refund, they said I can only have the money back on gift cards as that is how I paid.

    They are right. You are entitled to get your value back into your gift card if they cannot fulfil the order. They would normally do it by issuing a new gift card.

    .

    The problem is, I want a refund for the gift cards too

    You cannot get refund on gift card. Giftcard purchases are not refundable.

    .

    I want my money back so I can order through Apple directly and just get the damned watch

    You should have thought that before buying gift card. GC purchases are not refundable.

    • You mean I can't get a refund on these Dick Smith giftcards I've been hoarding??

  • Can you not get the next model up and get them to reduce it to what you originally paid ???

  • +2

    they said I can only have the money back on gift cards as that is how I paid

    Thats how it works. All places REFUND to the method of payment. Pay by credit card, they refund back to credit card etc.

    I just want my money back

    They offered your payment method back.

    • Coles are pretty happy to give you cash refunds for card payments. Granted it's relatively small values but still.

  • +2

    This is the inherent risk to buying discounted gift cards. If something goes wrong or you change your mind, you’re stuck with the gift cards. I’d always recommend people pay with their own, direct, funding source when purchasing things with questionable supply. If you’re just walking in and buying something off the shelf, go for it, otherwise you need to weight up whether the discount is worth the risk.

  • +6

    OP is in the wrong for requesting refund in cash after paying by gift cards.

  • +3

    "I have asked the store for a refund, they said they cannot process it. I asked online orders for a refund, they said I can only have the money back on gift cards as that is how I paid. The problem is, I want a refund for the gift cards too. I want my money back so I can order through Apple directly and just get the damned watch."

    The problem is you chose to buy gift cards to make your purchase. Now that the purchase couldn't proceed (for whatever reason), they are offering a refund using the same method 'You' used to pay for the purchase 'gift cards'.

    "The problem is, I want a refund for the gift cards too. I want my money back so I can order through Apple directly and just get the damned watch."

    This is a problem of your own making so the vendor is under no obligation to help you out.

    They are doing the right thing by offering you a full refund using the gift card method you used to pay in the first place. Anything else after that (wanting $ to buy from Apple, etc.) is something for you to resolve.

  • +5

    You paid money/cash/credit for the giftcards. We've established that.
    However, most giftcards once purchased are not refundable. They are activated and good to go. Pretty sure you need to check that out.
    Also, you paid for the product with a giftcard. So they definitely do not have to give you a refund in the form of cash/credit card/cheque etc.
    Pay with cash, get refunded in cash.
    Pay with credit card, refund on the same credit card.
    Pay with gift card…well…

    • +3

      Nonsense, there was nothing wrong with the gift cards sold to the OP as was able to place the order for purchase with them.

      HN being HN couldn't deliver, so have offered to refund the OP using the same method he used to place the order; 'Gift card'. Neither OP nor anyone else should expect the refund different to what they paid an item for in the first place.

      • -2

        Might work like this:
        1) He refunds goods on to gift cards
        2) Attempts to get cash refund on the gift cards (not for the purpose)

        He has proof (the previous failed purchase attempt) that they can’t be used for their intended purpose - demands remedy under ACL

        • This is what I was trying to imply originally with this post but obviously I didn’t convey that very well.

          All good tho, I’ll sell them privately.

    • yeah, nah. In fact they are Domayne Gift cards that can be used at Harvey Norman; so going down that rabbit hole doesn't work on a lot of levels. I do feel for the OP as we intend to do something similar with our gift cards. To me, the real problem is that Harvey Norman keep advertising these watches as "being available" when they just don't have any stock to fulfil the orders. Not sure what is happening with Apple but there seems to be a number of places where they don't have much stock in Apple products and all this stuff is "special orders".

      Personally I think people should be able to "cash in" gift cards for the value on the receipt they were purchased with. Show you receipt get your money back.

  • +1

    Take the gift cards bro. At least you get your 365 day expiry date renewed… or at least you'd hope so.

    • +2

      Not only the expiry date, but also his dignity.

    • Gift cards have a minimum of 3 years from date of purchase. I'm sure OP could save them for another day and purchase his watch now from Apple.

      • that rule isn't australia wide…… its a NSW/SA ONLY ruling ATM ;)

        • Some stores just do the 3 year rule nationwide now because it’s less complicated for them. Harvey Norman website says they have a 3 year expiry.

          • @melbourne guy: Ahh nice to know HN giftcards do have 3 years then, but the statement above was a blanket statement and not all giftcards have 3 years yet. Stupid gov making it state rules instead of oz wide ruling.

            So the OP should suck it up and take the giftcards, they have 3 yrs to spend it

        • oh, oops, thanks for clarifying. I did double check before I posted obviously didn't check in greater detail!

          • @timetoquit: Yeah only NSW/SA atm have a 3 year min on gift cards, clearly big companies made it easy for themselves and did the change aus wide like coles/woolies etc and HN as well.

            Why the gov couldn't make this oz wide from the state! Really does show that state level gov needs to be removed.

  • These are two entirely separate transactions. You have purchased a product (the gift card) which HN have delivered as described, for which you agreed to the terms of purchase (non-refundable, notwithstanding a faulty product). The fact that you've then used that product to purchase another product in an entirely separate transaction is completely irrelevant to the initial transaction. They are in no way obligated to provide cash.

    Take the gift cards, sell them at a discount, and move on.

  • +3

    Man. I feel for you but you aint gonna be able to get your gift cards back as cash or however you paid for them.

    Its a done deal.

    Best to sell them off or hold on them until you need it.

    • Don't hold on card for too long. You might misplace it. Or damaged.

  • You aren't entitled to a refund on the gift cards.

    I'm a bit shocked you are even asking as it should be self-evident.

  • Other than the fact they had a shit inventory system, they’re not doing anything wrong here though. (I’m sorry to say).

    Happened to a friend of mine on jb gift cards during black friday days and that was for a macbook.

  • +2

    You paid with a gift card and they are refunding you with a gift card. That sounds fair to me given that gift cards can often be bought at a discount price. Not sure why you are even posting about this.

  • Another troll post?

  • +1

    You can't get giftcards refunded. There's nothing wrong with them, basically a form of cash.

    • +3

      Don't mention the warcash!

      • I did once but I think I got away with it

  • +2

    It’s government legislation as an anti money laundering measure. They are only permitted to refund on the same payment method used for the purchase.

  • I have cancelled multiple orders after changing my mind. They have always refunded without any question asked.
    Edit: Just read you paid via gift card. Oh well. That complicates things

  • Had a similar issue with Telstra, their website says they have stock of the Samsung Galaxy Book 12" 256GB … and I ordered it. After 10 weeks waiting, nothing and ACCC wont do anything. They continue to falsely advertise that they have stock.

    • OP was offered a refund my friend. Its just he wont accept it

  • +1

    Get gift cards and get one in store.

  • -2

    Dear OP
    Refunds are always made via the method by which you paid.
    Now stop complaining about NOTHING and leave us alone.

  • Why would they refund you in a method that you didn't pay for?

  • -1

    Hey guys I got a brilliant idea, I hope you're sitting down. Buy $1m in gift cards for $950k at Woolies. Buy a $1m item from HN using said gift cards. Ask for refund in cash. Easy profit of $50k. Repeat 10x in a day at various Woolies/HN stores, do it over a few week and we're golden. Golden!

  • Today I returned an item bought by giftvcard and the manager insist that i need to refund backnto credit card as he said only credit card is accepted online. When he insist then i put it back to my card. I think this is what OP hoping for

    • Sounds like they didn't follow proceedure and you got lucky. Also you had an item to return, we don't! haha

      • Yeah I see myself just having a one time luck

        • Part of my order was paid on credit card too, so could be worth trying going in-store and requesting a cancellation and get refund on card, then go to Apple and buy it, knowing I will actually get it. Might try this weekend can't hurt.

  • Why cant you just get a substitute apple watch?

    They have heaps of variants even ones on clearance if you want on the cheap

    https://www.harveynorman.com.au/phones-accessories-gps/weara…

  • Definitely it’s reasonable to be cheesed that they can’t supply you with the Apple Watch you want, but unfortunately I don’t see how they’re (HN) on the hook to give you a refund for the GC’s, as the GC’s would be seen as a separate transaction.

    If you can, perhaps try and sell them to a relative?

  • According to australian consumer law due to you paying with gift card you are entitled to a refund back onto a gift card only.

  • How's this thread going for you OP? What you expected?

    • +1

      LOL.

    • It’s fine actually. I got the information I needed. How’s your day going?

  • Guarantee was breached when Harvey Norman sold you the apple watch resulting in an unreasonable delay.

    Breach of a guarantee entitles a consumer to:

    Have any damages incurred refunded.

    Have the situation being reset to before the contract was entered.

    No damages were incurred hence you are entitled
    to have the situation reset to the point before entering the contract.

    Ceteris Paribus: Harvey Norman has the right to refuse a cash refund.

    • Which guarantee was broken?

      • "Services must be supplied within a reasonable time."

        In this case online ordering and shipping is a service.

  • +1

    I don't buy anything from HN on principle. They stuffed up overseas online buying and they lie routinely. I would rather go without than buy from them.

  • There is no Government body that can help you here. ACL Only applies if the product is not as described, not fit for use, or damaged. Which will never apply for gift cards. What you are trying to do is get a refund on change of mind which a store will only give you out of goodwill. In this case HN doesn't want to.

    Don't get the Watch and the Gift cards mixed up. They are 2 entirely separate incidents. The Watch has nothing to do with the gift cards.

    • Yeah thread is resolved as per previous comments. Thanks for your input.

  • +1

    They seem to be missing the point that you only want back the original amount spent on the gift cards, not their face value, which is why people here are assuming you're trying to pull a scam.

  • +1

    I have had nothing but trouble with harvey norman and will never buy anything from them again. Unfortunately they are all individually owned at it is at the store proprietors discretion as to what they do. I went to consumer protection and in the end i would have to take them to court to get a refund on my faulty product. I would suggest trying to talk to whoever is in charge of where you made the purchase and ring around other HNs to see if they have stock that you can use your gift cards for. Id say you have nil chance of a refund from them.

    • Yeah I’ve learned my lesson. If it’s not physically in the store, don’t bother but, preferably, buy elsewhere.

  • Purchasing a gift card is purchasing the uncertainty of being an unsecured creditor. Look at the horror stories of people that ended up losing their money when a business has gone under. Avoid them like the plague unless the discount is huge and you're willing to gamble the purchase price of the gift card.

  • +2

    misleading title is misleading

    • +1

      Ozbargain Sins

  • Warped logic and they are completely separate and unrelated transactions. Although I appreciate they are related in your own mind because your motivation for buying the gift cards was solely to buy the watch.

    Think of this way. What happens if you paid with gift cards that your friend gave you for your birthday? Would you expect you friend to get a refund on the gift cards they gave you in the same scenario? Of course not.

  • +3

    Thought I would update everyone on my situation. I went into the store, talked to them about the situation. Gave me the same reason as others, that they get their stock from a third party supplier, have no ETA on when stock would be available, so I got HN to cancel my order, I got a new gift card via email, expires in 3 years, which I will most likely use it on 2 pairs of XM3's (priced matched with a cheaper store of course!) before I go away in May, and also get the GST back through TRS as well. Went to Apple and brought the watch I wanted. Whilst I spent full price on the watch, i'll hopefully save a decent amount on the XM3's.

    • +1

      Thanks for coming back to update us

    • I’d try and find someone buying a fridge or TV with cash and tell them you will give them the gift voucher for the discounted price you paid for it. Do it at the counter, no issues for them, you get your cash, problem solved.

      • I think your comment was aimed at the OP but good tip nonetheless. I’m personally happy to wait to spend my new gift card (and keep my discount)

  • -2

    So if the original gift cards were made whole to you could you then get a refund on them (cash-money) for what you paid for them?

    • could you then get a refund on them (cash-money) for what you paid for them?

      Literally the entirety of the past two pages have been to answer this question with a resounding "NO".

  • Any updates?

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