Bing Lee Only Issues Refund via Gift Cards (Faulty Soundbar)

Hey guys hope you're all doing well!

Now I am a bit lost because I've returned a faulty Hisense 5.1.2 Dolby Atmos that I actually got because it was a deal posted here and I needed it.

The soundbar itself was pretty good but it had a major fault. The right side constantly made a thumping noise even if I paused and or have nothing playing. All was good Hisense approved the refund/return.

Bing lee did not want to refund in the original payment though and said that because Ive used it for a bit of time (well what the heck was I supposed to do? Buy it then just display it in my room?) ( June 2020 - March 2021 ) they're only going to refund me via gift cards that will expire within 4 years… I asked for a refund back into my account but they denied and said gift cards only.

I'm just wondering if they can do that and if I can do anything else but accept the gift cards that will expire within 4 years? I'm just asking because I myself am not too sure. I've read the ACC and all that but are they just guidelines?

Note: I've purchased it on June 2020.

I can upload a video but I'm not sure where? The noise is very annoying.

edit1: Hey thanks guys! All is resolved. Bing Lee Liverpool was the one that did this to me but Bing Lee Bankstown was the one who called and fixed this up for me.

I appreciate all your help!

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Comments

  • +9 votes

    Not a lawyer but pretty sure thats not allowed. Refunds must be in the same form you paid with.

    Replacements and refunds

    You can ask for a replacement or refund if the problem with the product is major.

    Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment.

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

    •  

      So like if I said okay because they told me I had no choice I basically can't do anything after because I already accepted right?

      • +2 votes

        I'm not a lawyer but I'd talk to fair trading or equivalent where you are? I don't know the law around this but typically you have to follow it for good or bad, not about whether it makes sense or is right.

        For example you might've paid by cheuqe but you and the company want to give cash back, you may not be allowed to do it, even though in that case it could help you. Laws can also go beyond its initial reason, for example government may enforce getting money back the same way for companies to reduce money laundering by swapping out cash for gift cards and marking it as a return. Or to stop taxation issues especially regarding cash or gift cards.

        Your complaint may also be the final one needed for ACCC or similar to start an investigation into the company which may help reduce it happening in the future, or advertise the issue enough that others don't accept without knowing their rights.

        • +1 vote

          The store is The Grove Homemaker Centre Shop R31 2, 18 Orange Grove Rd, Liverpool NSW 2170 I don't live close by so I'm not doxxing myself but Sydney NSW Australia.

          I have physical proof they gave me a gift card. The paper they gave me showed a refund option and its labelled "GIVEX GIFT CARD" it does have my full name and address on it though.

          I think I paid through afterpay but that's about it.

          Thanks I'll have a look at the ACCC.

          • +2 votes

            @HeyHeyHeyIsItADeal: If you paid via afterpay then you didn't pay Harvey Norman, Afterpay did. HN would have to refund Afterpay, then they refund you. Considering they may not have a system for that, gift cards are reasonable in this instance IMO

            •  

              @Elegant Giant: Ahhh dam, So they were going through protocol? Ahhh it's why I asked. Something similar happened with me to Big W but they refunded me easily so I just thought it wouldn't be different as I thought if they accept the payment method then they can deal with the method if something arises.

            •  

              @Elegant Giant: Didn't OP say Bing Lee?

  • +3 votes

    Umm you need to be firm and get your refund via the same means that you purchased it.

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

    • +1 vote

      Ahhh Dammmit… They said I had no choice so I just said ok. I knew something was fishy. There's no way I can come back and say I want it in my bank account hey?

      • +3 votes

        If you haven't actually claimed/taken/had sent the faux-refund I don't see why not. Reasoning being, "you gave me false info and that is why I agreed to etc"

        Contact retailer ASAP.

        Sorry missed "I took it" reply below……….if gift card(s) unused would still contact store saying "false info from you, I'm returning, now give me what I am legally entitled to".

        •  

          Heey thanks for replying!

          I actually have the paper they gave me with the return/refund. It says "GIVEX GIFT CARD".

          The advice was contact head office and ACCC. I'm doing it as we speak but I hope something can come of this because this is just really shady.

          I don't even want to shop there because when I went to return the item one of the workers literally said "its meant to be like that". I'm uploading the video.

  • +3 votes

    Yeah, that's just straight up illegal.

    • +1 vote

      They said I had no choice though so I just took the gift card 😭 it's too late though right? This is Liverpool orange grove Bing Lee

      •  

        They said I had no choice

        Good thing with the internet is that you can google it straight away on the spot. Then show the sales guy the ACCC page.

        •  

          I actually did do that funny enough but through the ACCC website.

          "That's not our website, sorry."

          • +1 vote

            @HeyHeyHeyIsItADeal: Sounds like you were dealing with a newbie. Ask them if they operating under Australian laws or have they decided to make up their own laws.

  • +3 votes
    •  

      Thank you I've just made a complaint to head office and am now sending an email to fairtrading.

      • +3 votes

        You can also report the incident to ACCC https://www.accc.gov.au/contact-us/contact-the-accc#for-cons...
        and they 'might' start an investigation and fine bing lee, but they won't help with individual cases like fair trading.

        •  

          Thank you for the links!

          I'll try anyways but someone said since I paid with AfterPay they may be in the right doing it the way they did it. I'll send an email anyways and see what they say. Thanks heaps!

  • +3 votes

    Go back to bing lee and ask for a manager. Explain firmly but politely that you want a refund on your original payment method.

    • +2 votes

      Which has been mentioned numerous times as being “AfterPay”…

      • +2 votes

        Bing Lee will have the ability to refund to Afterpay if they take it as a payment method, and since this a year ago afterpay will refund the money to your card linked to the account since it will already be paid off I'm guessing

        •  

          Yeah I think this happened to me with big W. I had to return something -$600 ish and they just refunded me with afterpay and I got my money back. I thought it'd be the same but this Bing lee one feels worse.

  • +3 votes

    The whole reason they refunded with gift cards is so you are going to have to spend again in their store. They probably try that with every type of refund, not just this Afterpay one, which really goes against everything that the ACCC is stating when they say "provided in the same form as your original payment". If they provide Afterpay as a payment method, they have Afterpay as a refund method too.

    • +1 vote

      Yeah, I wanted a refund because I don't ever want to shop at bing lee again. After this thing it's just not worth it to save $100… I'll hand in my ozbargain membership but this is just not worth it.

      That's what I was thinking as well. If you accept a payment method wouldnt you have protocols in place if something arises? Big W does it fine when I had a problem but other than that I've never had issues. So far everytime Ive bought from Amazon it's just so much easier. Think I'll stick to them forever now.

  •  

    The time between the purchase date and the warranty claim can be used in determining the amount that should be refunded.

    Btw OP did you pay with a credit card?

    •  

      I paid with Afterpay but I thought it'll just be the same as I've had an issue like this with Big W for my tv as well.

  • +1 vote

    This seems to be a common complaint on the Ozbargain forums.
    It might be worth having a complaint guideline on the forums.

    FYI Groupon also likes to refund via gift card / coupon.

    •  

      Yeah I think someone linked the ACCC complaint forms. I've filled in all of them and have emailed head office.

  •  

    I thought there was a new ACCC ruling that gift cards have no expiry either anymore?
    Most gift cards not expire never or in 99 years whereas it used to be 12-24 months (eg JB)

    • +2 votes

      No, it's just that they must have a minimum of three years before they expire. Some do four years e.g. Coles and some are forever e.g. JB Hi-Fi and Mecca

  •  

    By Law, they should refund… you could debate the method