Retailer Trying to Fob Me off to Manufacturer for Replacement - Did I Handle This Correctly?

The Gent on 29/04/2019 - 10:54
Last edited 29/04/2019 - 11:29 by 1 other user

Not naming the company as it's not a resolved issue and I don't want to fling mud around.

Long story short, I bought a higher-end product which comes with a belt holster and the belt holster has broken within a month (Value around$40-$50). It's not a gun, don't worry.

I messaged asking for a warranty replacement, they responded with "Go to the manufacturer, but holsters aren't covered under warranty".

I sent them this:

Hi Retailer,

I'm afraid you're not adhering to Australian consumer law with that.

https://www.accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees

"Since 1 January 2011, the following consumer guarantees on products and services apply.

Products must be of acceptable quality, that is:

safe, lasting, with no faults
do all the things someone would normally expect them to do.
Acceptable quality takes into account what would normally be expected for the type of product and cost.

…The retailer can’t refuse to help you by sending you to the manufacturer or importer."

It arrived on the 3rd of April and has broken within 4 weeks - no reasonable person, as outlined by the law, would expect a pouch costing $40-$50 on its own to break within a month of light use.

I would like the defective portion of the product you sold me replaced by you, not the manufacturer, as per my right under Australia's consumer law.

I hope this is just an honest mistake and we can sort this out between ourselves without involving the ACCC - I just want a working product.

Regards

The Gent

Handled reasonably enough do you reckon? Should I have added anything else?

• 

  whooah1979 on 29/04/2019 - 10:56

  Name and shame is the only way these dodgy retailer may learn.

  • 

    The Gent on 29/04/2019 - 11:45

    If they get back to me and say "sorry fair enough" and send me a replacement, then that's that as far as I'm concerned - if it's a mistake and they're willing to fix it, to be honest, that's more a positive for them from my POV.

    I just want the damn pouch!

• 

  foxmulder on 29/04/2019 - 10:57

  What exactly is the product is?

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  [Deactivated] on 29/04/2019 - 11:01

  +3

  It's not a gun, don't worry.

  If it's obtained legally, we have no reason to worry and it's none of our business.

  Handled reasonably enough do you reckon? Should I have added anything else?

  I think your email is sufficiently objective and provides the retailer with reason to comply.

  • 

    whooah1979 on 29/04/2019 - 11:08

    It's not a gun, don't worry.

    Well if it's no a gun then what could it be and should we be worried?

    • 

      [Deactivated] on 29/04/2019 - 11:10

      It's got a holster. Start narrowing down from there. I'll start.

      Taser.

      • 

        whooah1979 on 29/04/2019 - 11:12

        It's got a belt holster. May we assume that it is intended to be worn around the waist.

        Fanny pack.

        • 

          [Deactivated] on 29/04/2019 - 11:59

          +1

          @whooah1979: Why would you put a fanny pack in a holster?

    • 

      AdamFury on 29/04/2019 - 11:29

      My guess would be something like a phone case. Telco companies often fob off customers to the retailer ie, otterbox, lifeproof. Belt holster for those maybe.

      • 

        [Deactivated] on 29/04/2019 - 12:00

        +4

        Whoever buys a phone holster, at least they can pick up quickly when the 90s call to have their accessories back.

    • 

      John on 29/04/2019 - 12:57

      Batman Utility Belt? Nothing to worry, the city would be safer if the holster is working.

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  holdenmg on 29/04/2019 - 11:02

  hip flask?

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  apsilon on 29/04/2019 - 11:41

  +1

  My guess would be a Leatherman tool. I think the leather belt pouch is around $30 - $40 and while the tools are covered by a 25 year warranty the pouches aren't. They should definitely last longer than 4 weeks though.

  I think you're response is fine.

• 

  The Gent on 29/04/2019 - 11:43

  +2

  Okay you are all far too interested in what it is haha

  It's a multitool.

• 

  Tee Rex Arms on 29/04/2019 - 12:44

  I always refer to my firearms holster as my gun pouch and my multi tool pouch as my leatherman holster too.

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  Love a bargain on 29/04/2019 - 15:42

  +1

  Need a voting option but, yes, the letter seems fine and on the point.

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  The Gent on 30/04/2019 - 19:02

  UPDATE: retailer got back to me.

  My original message started with "It's a Victorinox, not a Leatherman." (He said "Leatherman pouches aren't covered under warranty" and I just omitted it because it was irrelevant to what I was showing here…well apparently not!)

  He responded:

  Hi The Gent,

  Sorry for the confusion.

  I guess I was looking at our Leatherman stocks at that time, and typed Leatherman instead of Victorinox.

  Sorry for the typo error.

  Actually, both Leatherman and Victorinox pouches are not covered by the warranty.

  Thanks,

  Retailer

  He gets one more chance before I file a complaint with the ACCC (I already have enough for a claim, but just for good measure). I wrote:

  Hi Retailer,

  You didn't really respond to the meat of my last message.

  Just to be clear and in writing, are you refusing me a refund/replacement of the faulty portion of the product you have sold me?

  I feel it necessary to mention that you actually mention Australian Consumer Law on the returns section of your website here: [Link]

  It's item 3 and reads:

  :3.The item is faulty
  Your purchase automatically comes with protections under Australian Consumer Law that cannot be excluded.
  If your product's faulty, we'll happily replace/refund"

  My product is faulty and I am requesting a replacement.

  I look forward to your response.

  As I said before, I would just like for you to uphold your legal responsibility and come out of it with the product I paid for.

  Regards,

  The Gent

  • 

    The Gent on 01/05/2019 - 11:44

    UPDATE 2: They yielded

    Hi The Gent,

    I did forward your concern to someone higher, and I was given an authorization to do a warranty claim on your behalf.

    I've already submitted the claim, and will arrange a replacement.

    Thanks,

    Retailer

    Edit: re-reading it, he might not understand the law and is implying he'll do a warranty claim to Victorinox on something they do not cover under warranty…eh, I'll ride it out - I asked him for an ETA on my replacement.