Freedom Furniture Warranty / Consumer Law

robhung on 27/07/2021 - 10:31
Last edited 27/07/2021 - 10:36

Hey everyone – just wondering if anyone's ever been successful in making an Australian Consumer Law (ACL) claim with Freedom?

I purchased the Todd Dining Table (150cm Round Glass with wooden legs) back in Feb 2018 for $700, and noticed a small crack in one of the legs in Aug 2020.

It's now July 2021, and the crack has become much bigger. I've contacted Freedom and they said their warranty is only 2 years (a piece of information they actually hide very well – nothing on their website / receipt).

They said they are not obligated to remedy under ACL either, but I wonder what is considered a 'reasonable' time for dining table's to last?

My experience with ACL has only been with mobile phones, where they extend the 1 year manufacturer's warranty to 2 years.

Will I have any luck in arguing that ACL should extend Freedom's warranty from 2 years to 3 years?

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Comments

  • monky on 27/07/2021 - 10:37
    +3

    I would imagine hardwood furniture that's not excessive load bearing should have more than a 2 year warranty under ACL, especially at that price point.

    Best of luck with finding a resolution.

    • ATTS on 28/07/2021 - 14:08

      curious what is considered excessive load bearing?

  • Muzeeb on 27/07/2021 - 10:51
    +1

    Is the table in front of a heater or main heat source?

    • robhung on 27/07/2021 - 15:53

      No heater in the apartment, doesn't get cold enough here in Brisbane to warrant one.

  • nedski on 27/07/2021 - 11:14

    Warranty and your rights under the Australian Consumer Law are two different things.

    A company essentially says that a warranty will give you the right to exercise your consumer rights without them fighting you too much.

    Your rights under the Australian Consumer Law are NOT up to the retailer to dictate whether they will do anything or not.

    So when engaging with them, explain that you are exercising your rights under the Australian Consumer Law and not the warranty. However ultimately, it is up to you to enforce them by making a claim through a relevant state based Civil and Administrative Tribunal.

    • hikaru78 on 27/07/2021 - 11:20
      +1

      Need to bear in mind that ACL is very vague. Also in this case company may claim that the damage was caused due to overloading which would mean its not covered under Australian consumer law or warranty.

      • nedski on 27/07/2021 - 11:26

        That is true, however the final decision maker will the CAT. Both sides present their evidence to the decision maker and go from there.

  • Woodinski on 27/07/2021 - 11:19
    +3

    I can't find anything related to furniture but a dining table should be reasonable expected to last from 4 to 8 years. Given the cost you paid (would say mid range) I think that it could be reasonable expected that a 5 year life would be acceptable. Suggest following the approach in the articles below and not accepting the crappy response that Freedom are giving you.

    Couple of handy articles below.
    https://consumer.gov.au/sites/consumer/files/inline-files/AC…
    https://www.choice.com.au/shopping/consumer-rights-and-advic…

    For others having a similar problem with electrical goods, a handy guide to expected life of the product is in the following article.
    https://www.abc.net.au/news/2018-10-26/how-long-should-a-fri…

    • robhung on 27/07/2021 - 15:52

      These are incredibly useful articles, thank you - will spend the night reading it up.

  • nedski on 27/07/2021 - 11:32
    +2

    I should also add regarding this:

    They said they are not obligated to remedy under ACL either, but I wonder what is considered a 'reasonable' time for dining table's to last?

    If they did say this to you, then thats possibly a breach of section 151(1)(m) of the Australian Consumer Law.

    (m) makes a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 3-2); or

    • robhung on 27/07/2021 - 15:51

      Awesome find! I will make note of this if they force me to raise a complaint. Thank you so much.

  • 87percent on 27/07/2021 - 11:34

    Not sure about that 2 year warranty

    I bought a rug from them in 2017, and got it replaced under warranty in 2020

    Have you got their Freedom Membership?

    • robhung on 27/07/2021 - 15:49

      Don't think I do, just purchased in store and was emailed the receipt.

  • JimmyF on 27/07/2021 - 11:46
    +1

    Will I have any luck in arguing that ACL should extend Freedom's warranty from 2 years to 3 years?

    errr might want to check your maths on how old you think this product is…… As even 3 year warranty won't help you, its older than that.

    I purchased the Todd Dining Table (150cm Round Glass with wooden legs) back in Feb 2018

    Feb 2018 - 0 years old
    Feb 2019 - 1 years old
    Feb 2020 - 2 years old
    Feb 2021 - 3 years old
    Aug 2021 - 3 years and 6 months old.

    It's now July 2021, and the crack has become much bigger

    Got a picture?

    • Muzeeb on 27/07/2021 - 15:10

      It's now July 2021, and the crack has become much bigger

      Got a picture?

      I assume you mean the table leg?

    • robhung on 27/07/2021 - 15:48

      errr might want to check your maths on how old you think this product is…… As even 3 year warranty won't help you, its older than that.

      I'm only asking for 3 years because I first noticed it in Aug 2020, and when I mentioned it on the phone, they said they might be able to consider the damage since then. I've sent them a new photo which was dated back in Aug 2020 and am waiting for their response.

      Got a picture?

      Image 1
      Image 2
      Image 3
      Image 4
      Image 5

      • timthetoolman on 27/07/2021 - 17:45
        +2

        What are the small white marks in picture 2? Almost look like a hammer mark

        • Quantumcat on 27/07/2021 - 21:17

          I thought that might be marks from where a rubber stopper thing would be inserted into that hole

          • timthetoolman on 27/07/2021 - 21:27
            +1

            @Quantumcat: Not right on top, that's likely what it would be, but on the side where the break is

        • Seraphin7 on 28/07/2021 - 09:35

          Yeah, that looks interesting to say the least. Whatever is the cause of those marks could very easily be the cause of the split.

  • Drakesy on 27/07/2021 - 16:12

    I would've taken it back when i received it.

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