I just wanted to make a post here to inform those who might not already know that there is a massive loop hole in the consumer law that under certain circumstances has the potential to get the retailer off scot free from any liability they may have in relation to the ACCC regulations.
It concerns to payment methods in particular paying using an EFTPOS machine or online credit card. Under the ACCC regulations if a product has a major failure the store must offer you a remedy of either a refund, replacement, or repair and the choice of what one is your decision.
However if the product cannot be repaired due to no parts being manufactured or any other valid reason and is discontinued so cannot be replaced the store is left with the only option of giving a refund. The issue here lies in that if you made a payment using EFTPOS or online CC its tied to a particular card number and most retailers Terms require that the exact card used must be the card to accept the refund and the ACCC advised me that it is an acceptable term for them to enforce.
If you use Apple pay or Google wallet they both generate a virtual card for each individual purchase also if you replace your physical card with a different card number this applies.
After the retailer refused to issue a refund due to my card number not matching up and was unable to offer any other resolution due to the item not being able to be repaired and the item discontinued I hit a wall. Because that card doesn't exist its impossible for me to provide that card to receive the refund.
After that I opened a complaint with both ACCC and The Department of Commerce WA and both ruled in favor of the retailer sating that they have offered me an acceptable remedy under the ACCC regulations and that the stores policy does comply with their regulations and because it is me who is unable to fulfil my end due to not having the correct card number it becomes a civil dispute where both parties have to find an agreement outside of the regulatory body and they can offer no help to either party.
So just as an FYI be carful how you pay for something because if you cant provide the exact card used to pay the store has the right to refuse a refund and the ACCC agrees.
Edit
[Just to add I have tried coming up with an agreement with the store manager and they just didn't want to budge on their stance and the head office said its up the the individual store managers to handle in store returns. This post was just to advise users that in this particular gray area I have found myself in that stores have a lot more freedom compared to what the wording in the ACL implies they do.]
Final Update.
[So just as an update the area manager called me this morning and I had a good chat with them and at the end of it they agreed to give me the refund. The store has the policy in place to prevent fraud/theft and it has been pushed really hard in the recent months due to false returns increase and the store manager took the policy a bit too seriously. They said that the managers are allowed to use discretion based on the individual circumstance and that this will be discussed with the store. They also will be sending me a gift card as an apology.]
I've done refunds via Google pay and it hasn't been an issue. When they ask you for your card just tap your phone or whatever and enter the PIN if required. Doesn't matter that they see a different card number.