I have been waiting around 3 weeks for my rims and wheels to arrive but i havnt received it yet. Due to the long wait for my tyres i ended up popping so i had to replace them. I tried calling Ozzy tyres up to cancel my order but they said they can only give me store credit? I rly dont want store credit and just want to cancel my order. Isn't this against consumers laws in Australia? Because i thought in Australia it has a law allowing you to return/cancel items?
Please help me! please
Read the Terms & Conditions you agreed to: https://www.ozzytyres.com.au/terms-conditions/
Section 9 covers returns. There's no law allowing you to return/cancel items at all.
Generally, a store does not have to give a refund or replacement if a customer simply changes their mind about a product. Under the Australian Consumer Law, the customer is only entitled to a refund or replacement for a major problem with a product covered by consumer guarantees.
https://www.consumer.vic.gov.au/products-and-services/busine…
Hes not wanting to return anything, hes wanting to cancel an order which is taking too long. Which, depending on what they said when you ordered, could be reasonable. If they told him there was long lead times then he wont be able to cancel.
Delays
The date for delivery is the estimated date of delivery only seller shall be under no liability for any loss or damage how or damage howsoever arising if the goods are not delivered by that date. Where seller is unable to deliver the goods because of matters beyond the control of seller, then the estimated date for delivery shall be extended until the cessation of the effect of such matters.
Seems like they hold the upper hand, so sometime between now and the heat death of the universe.
It's the same section for cancellations.
(e) 25% restocking fee applies on all orders cancelled by customer.
Then he should be getting 75% cash back as opposed to store credit?
Is anyone else concerned that OP was driving on tyres bad enough that they ended up popping?
oh…
"i ended up popping" thought OP had made popcorn or suffered brain explosion…
thanks for your alternate version.
Yeah it was the only logical explanation I could come up with considering that horrible sentence
Write a formal email to them telling them you want to cancel the order since its been 3 weeks and current tyres need to be replaced. Tell them you're protected by consure law, they were unable to supply in resonable time, thus want to cancel.
Its your proof, then ACCC. How did you pay? CC, then chargeback, shady business…
https://www.accc.gov.au/consumers/sales-delivery/non-deliver…
Wouldnt call it shady business just yet. Its likely that the store told him of the lead times IMO
Except if he was told it’d be a couple of weeks to deliver then three weeks is reasonable period of time to wait. Especially since this virus has screwed up supply lines from China.
That's a fair point.
3 weeks for special order wheels and tyres is reasonable normally, in a pandemic those lead times would be longer. Depending on where the wheels are, should have option to cancel, if they haven't left supplier.
The retailer took your order and deposit and ordered the goods in for you assuming that you had a genuine intention of buying it.
You now have basically changed your mind… No consumer law allows for that.
Odd that you "popped" 2 tyres at the same time?
Burnout?
The entire post seems dodgy….
Tyres just don't 'pop' because you've had them too long. And I don't get what this has to do with car packaging at all.
I want pics or at least an ms paint diagram of these popped tyres.
What MS Paint tool to draw road spikes?
Depending on whether you're AWD/RWD/FWD, if one pair has "popped" I'd say the other pair may not be up to scratch either. Why not keep the order and replace that pair too?
Your first mistake was trusting Ozzy, they're well known to be shit.
I feel for you but you have no recourse. TLDR - take the store credit and move on.
Some wheels may take months to arrive depending on local stock levels. I have some ROH wheels, common and cheap, warehoused in Adelaide, took 2 days to ship to Melbourne.
I have a few sets of expensive wheels that had to be shipped straight from Japan. Took 3 months.
Tyres were the opposite, the niche stuff took a day, popular tyres were OOS nationally and I had to wait over a month for the next shipment.
To have left your tyres to the breaking point is not the fault of the retailer. Unless you have something concrete from the retailer regarding ETA, it's all bad planning and it's all on you.
"i ended up popping"
Road spikes huh?
Terms and conditions can not override State or Commonwealth law.
Which state and/or Commonwealth law are you implying that these terms and conditions have contradict?
thank you for the replies! HAHAH "popping" sorry guys :P XD.
I contacted the ACCC and they gave me some advice linked to "Australia consumer law act 2010" - section 36.
And this information if anyone interested still
(Sorry for my bad english guys )
This part of the law is not intended to cover businesses who genuinely try to meet supply agreements, for example, if:
the failure to supply was due to something beyond their control, including the act or omission by another person
they exercised due diligence and took reasonable precautions.
Covid end \thread
OP did you happen to find somewhere cheaper in stock in the mean time while waiting?..
So what ended up happening? Were you like doing skids or donuts till your bald tires popped and then promptly got new replacements from another store which actually delivered promptly too and now you just want a refund from your order from these guys who took forever and decided to do skids and donuts to relieve your stress…which is why these tires popped?
Under the law you have entered a contract to buy the tyres.
Unless there is a breach of contract such as Ozzie being unable to supply them within a specified or reasonable time (which is debatable) you cant just change your mind, cancel and expect a refund.
And with COVID19 delays and complications you must be reasonable as well.
Otherwise YOU are trying to avoid the contract.
Strange though how Ozzie are offering you store credit.
I would consider that an act of Goodwill on thier part and you probably have no right to complain at this stage.
Call the ACCC inquiry line :https://www.accc.gov.au/contact-us/contact-the-accc