Claiming warranty under Australian consumer law for Bose QC 35 Noise Cancelling headphone

kanad on 02/03/2019 - 20:11

I bought Bose QC 35 Noise Cancelling headphone from Harvey Norman online in Dec 2016 for $499 (I think it had an Amex cashback offer). It has a fault now for over 2 months, gradually the left side headphone has stopped working. Initially it used to crackle and if I gave it a few taps it was working but now not at all.
I called Bose and they are refusing to replace or repair it as they provide 1 year warranty only. I am argung with them that such a short lifespan is not expected of an expensive headphone and they must fix it as per Austrlian consumer law guarantee. There is no physical damage, I am otherwise very happy with the comfort and NC of Bose headphone. But they are only offering me a replacement for $375 the new series II model.'

I have now also send an online query to HN via their website and their acknowledgement email shows HN Chadstone in store details, possibly becuase I picked that up from Chadstone but definitely bought online.

I am not happy, how can I get Bose or HN to fix or replace for free? Which govt. agency should I contact?
I read this https://www.consumer.vic.gov.au/contact-us/resolve-your-prob…
and they don't seem to get involved in small things like this and in any case the dispute resolution is voluntary.

Electrical & Electronics Bose Headphones

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Comments

    • lunchbox99 on 02/03/2019 - 20:32
      +6

      That isn't how it works. $500 for headphones is relatively expensive. $500 for a car is incredibly cheap. Under the ACL you would not expect the same product life.

      1 year is Bose manufacturer warranty - that does not limit your rights under ACL.

      • [Deactivated] on 02/03/2019 - 23:59
        -5

        If it was a $500 pair of steel toe work boots yes, but this is a high-tech sensitive electronic device. High price is due to sensitivity not necessarily on durability.

        Some smartphones cost over a thousand dollars and can be broken the next day. In 2 years a thousand things can happen to them.

        Still they have offered about 80% replacement out of warranty, which is quite surprising.

      • Zachary on 03/03/2019 - 15:11

        $500 for headphones is relatively expensive. $500 for a car is incredibly cheap.

        That's subjective……for someone raking in 300k/yr, it'd be quite disposable for them, but someone raking in maybe 18k/yr or less(or even nothing at all and only rake in when they are given an spending allowance for example…), yes it would be quite significant because obviously they may not have an extra $500 lying around to to throw at another one….and hence they would care a bit more for it…

    • plmko on 02/03/2019 - 20:32
      +3

      No just no, you have consumer law all wrong.

  • nedski on 02/03/2019 - 21:28
    +5

    Right, I used to work in Consumer Protection and this is what I can advise.

    Write a letter of demand to Harvey Norman which outlines your complaint and what remedy you want. Letter of demand templates can be found on the ACCC website.

    If Harvey Norman tells you screw off to your LOD or ignores you, then lodge a claim in your relevant civil tribunal. EG VCAT, NCAT, ACAT, QCAT etc.

    Keep in mind you are exercising your consumer guarantees and that 1 year warranty thing is garbage. When a trader says "1 year manufacturer warranty" or whatever, it means that that they will comply with their consumer guarantee obligations without giving you too much grief.

    The strongest part of your argument is what is reasonable. Would you have spent $500 on a pair of headphones and they only last a couple of years?

    You have to enforce your own rights! Good luck

    • qwerty on 02/03/2019 - 22:11

      Lodging a claim means its a civil case so there are costs

      If it gets that far you may lose and get nothing

      • Nalar on 02/03/2019 - 22:15

        $65 for the dispute + time and effort. Worth it I reckon, 2 years on a $500 headphones is garbage. Bose is supposed to be better then that.

        • burningrage on 02/03/2019 - 22:23

          Can you claim cost if HN lost?

        • lunchbox99 on 03/03/2019 - 12:01

          HN will have to weigh up the cost of defending it. Almost certainly it won't be worthwhile for them. They are just hoping OP can't be bothered.

    • Ughhh on 02/03/2019 - 22:35
      +2

      I have now also send an online query to HN via their website and their acknowledgement email shows HN Chadstone in store details

      Before you do what nedski advise, what did Harvey actually say? I wouldn't yell ACL straight away.

      • nedski on 02/03/2019 - 23:25

        Its true, see if they are willing to rectify this issue but HN are usually bastards at returns. They only perk up when they here ACL and Consumer Guarantees. Look at how many times the ACCC have whacked them.

      • kanad on 03/03/2019 - 08:07
        +1

        I send the query to HN on Friday evening. Will wait for a few days for reply.

    • [Deactivated] on 02/03/2019 - 23:45
      -4

      I don't think this "$500 headphone" argument flies. Who is there to decide if $500 should last 2 year or 3 years?

      It is expensive because it is sensitive and hi-tech not because it is heavy duty.

      • Hirolol on 03/03/2019 - 08:23

        How hi-tech can headphones be….
        I would assume the noise cancelling feature is more to do with the ear cushions so the speakers can’t be that much more expensive than standard ones.
        A lot of the price probably comes with the brand name.
        Not hard to workout when you put your mind to it.

        • lunchbox99 on 03/03/2019 - 11:59
          +1

          ANC headphones have external microphones that monitor external sound and add a signal of opposite phase to the speaker to cancel out the external sound - combined with noise isolation as you suggested.

        • HighAndDry on 04/03/2019 - 13:57
          +1

          I would assume the noise cancelling feature is more to do with the ear cushions

          Holy shit, stop commenting in this thread because you have no f'ing clue what you're talking about.

      • 87percent on 03/03/2019 - 10:27

        Let me ask you this, if you bought a pair of $500 headphones and they broke after 2 years, would you be ok with that?

      • lunchbox99 on 03/03/2019 - 11:56

        A manufacturer can't sell an expensive product that breaks within a reasonable amount of time from normal use. It is a requirement that the product be of merchantable quality.

        It is completely reasonable to expect $500 headphones to last more than 1 year by comparison to the range of market prices of headphones. $500 by any account are more expensive than an average product - even more expensive than most beats headphones (gasp!!).

        • [Deactivated] on 03/03/2019 - 16:35
          -1

          Tell that to my local Apple distribution

        • HighAndDry on 04/03/2019 - 13:56

          A manufacturer can't sell…

          Bose didn't sell OP anything. HN did. OP should go to HN.

    • HighAndDry on 04/03/2019 - 14:00

      Write a letter of demand to Harvey Norman

      OP should try just dropping them an email first - as far as I can tell, they haven't contacted HN at all so far.

  • burningrage on 02/03/2019 - 22:26
    +3

    For the benefit of this forum audience, had OP actioned a claim in December 2018 instead (OP said it has fault over 2 months so could be borderline 3 months), if he had used credit card extended warranty feature, the product would have 2 years warranty instead (with the 2nd year covered by the credit card company - however, it may have excess).

    I had claimed from Citibank before using this feature.

    • kanad on 03/03/2019 - 08:12

      I was lazy, as I said it was working with a few taps on the earpiece. Initially I though it was a fixable problem, even upgraded the firmwire with their app. I don't retain the CC I used for purchasing this as it was an AMEX card which I cancelled later. I have a Citibank free for life card which I use for purchasing real expensive things like Laptop or TV to get the extended warranty, will now use for more purchases.

  • tsunamisurfer on 03/03/2019 - 01:53

    What do people believe is 'reasonable' in terms of life years for this $500 headphone?

    • [Deactivated] on 03/03/2019 - 06:37
      -1

      50 years as is for most smartphones

    • Geoff-bargain on 03/03/2019 - 08:17

      I'd say somewhere in the 5 - 10 year range although a battery change would probably need to be done before then

    • th123 on 03/03/2019 - 21:32
      +1

      3-5 IMO.

  • pjcook on 03/03/2019 - 07:24
    +2

    Under ACL your complaint is with HN, not BOSE.

  • t_c on 03/03/2019 - 07:38

    "But they are only offering me a replacement for $375 the new series II model."

    Maybe I am reading this wrong, but I understand that as saying they are offering you a replacement of the new QC II model.

    So your dispute is that you you want the original model which is no longer manufactured because the new model is selling for cheaper than the original set that you purchased?

    • kanad on 03/03/2019 - 08:06

      My dispute is to repair it or give me a replacement for free. My model is no longer manufactured and hence they can only offer the new model.

      • t_c on 03/03/2019 - 09:37

        https://www.androidcentral.com/bose-qc-35-series-ii-vs-serie…

        "Aside from the inclusion of Google Assistant and Alexa, everything else about the Series II is the same as the Series I — including the design, fit, sound quality, battery life, noise-cancelation, etc. Everything."

        So what exactly is the problem, series II is the same but with google assistant and alexa, hence a better and newer model.

        • farknos on 03/03/2019 - 09:57
          +1

          iam not him but i guess the problem would be a warranty replacement would not incur $375 out of his pocket

          • t_c on 03/03/2019 - 11:07
            +1

            @farknos: My bad, I read that as in they are offering him a replacement which is worth $375

  • HeWhoKnows on 03/03/2019 - 07:57
    +1

    OP is quite correct!

    I would suggest contacting Harvey management first

  • HighAndDry on 04/03/2019 - 13:55

    I called Bose and they are refusing to replace or repair it as they provide 1 year warranty only. I am argung with them that such a short lifespan is not expected of an expensive headphone and they must fix it as per Austrlian consumer law guarantee.

    You're incorrect. Your ACL rights are against the seller first. Go to Harvey Norman.

  • kanad on 04/03/2019 - 19:57
    +1

    Good news, I got a call from HN Chadstone, they will replace it for me. Actually I am very happy with HN customer service and mildly surprised.
    Bose is very disappointing. I think the lesson is to buy from a big store if possible, lucky I didn't buy it online directly from Bose.

    • pjcook on 05/03/2019 - 08:04
      +1

      The lesson here is to deal with the shop you purchased the item from. Importers and wholesalers are bound by ACL.

  • kanad on 13/03/2019 - 23:04

    Good news, I went to HN Chadstone and the guy opened a new box and swapped the old one for me. But he kept the new box, case, cable etc. Just got the new headphones, wrote a few lines what was wrong and signed a form. Overall I am happy. But the new series II model seems to reducing train noise less than the older one, or is it just my perception.

  • watterson26 on 10/04/2019 - 14:16

    I think 2 year usage is good enough to get replacement. Really depends on how you use it.
    If it's a quality issue, it should not last that long.
    They should have extend warranty to purchase. If you didn't, then you need to live with it.

  • [Deactivated] on 10/04/2019 - 18:10

    Really depends on how you use it

    This.Have you often accidentally sit on them? Have you always used the case it came with when you put them in your backpack? left them in the heat for period of times? Remember ,they are mostly made from plastic and the headphones are easier to get damage than the TV.

    I have many headphones from years ago and never ever have any issues with them . You won't even find any scratches on them because I always taking care of them .They were in the cases when not using them and I've never ever thrown them in the backpack without any protection.

    I can see more and more people are abusing their ACL rights these days.

    give me a replacement for free

    The overwhelming entitlement crisis, I says.

  • 80 on 02/07/2019 - 18:56

    I am having a very similar issue. My QC35s are permanently stuck on, and unable to be turned off with the off switch. The battery, therefore, drains very quickly and they have to be constantly charged when not being used. This is a known issue with this model (you can find multiple complaints of a similar nature online).

    I actually contacted Bose in November 2018 by a form on their site but they never responded. Yesterday I called them and they said that they would be happy to replace the headphones with an upgrade to the QC35II model if I could provide proof they were purchased within two years. I did some digging and found a receipt via my Myer app (purchased 7/6/17)- sent it to them and called back today. They informed me that they had received the receipt, confirmed my purchase as under 2 years old, but that they will actually only cover the product for 1 year. It was pretty annoying for them to switch stance like that. I tried the Australian consumer law argument but the person on the phone was having none of it.

    So based on advice in this thread, I have sent an email to Myer on the issue. They informed me on the phone that they will also only cover for 1 year, but we'll see what happens with the email. I'll look at reporting the issue to NSW FT or raising a dispute if necessary.

    This is just so disappointing from Bose. This is my 4th generation of these headphones, I really like the brand, and have been buying them for years. This terrible customer service makes me never want to buy them aver again.

  • 80 on 15/07/2019 - 20:52

    Update: Got an email from Bose the following day confirming that there was a two-year warranty, so I'm not sure where the person on the phone got her information. They promptly sent a replacement and all is good.

  • Xcell on 04/08/2019 - 22:18

    Mine had issues after 1yr got it replaced as soon as I quoted accc. Called Bose directly

  • gardna on 25/04/2020 - 09:15

    Sorry for reviving this thread.

    my QC 35 ii just conked out on me (it just so happened after updating and what not). I bought it last Feb from amazon.
    Im not Australian but I've heard of the ACCC and other consumer protection laws from a person who has resided in Australia.

    Any idea what the first steps are? Ive read the post, so should it be amazon or Bose?

    Ive also read that its either a two year or one-year warranty? it seems that only for EU countries it might be two but for Australia, it is just one.

    Thanks!

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