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  • Consumer Protection Warning

    Its been a long time since posting here, but starting to get that need a new Prado feeling again

    On a non Prado related subject wanted to share a warning with you all regarding consumer rights in Oz. A shiny new fishfinder appeared under my Xmas tree and have been very keen to get a line wet to hopefully catch some fish, however the excitement of the install wore off very quickly and was soon replaced with much disappointment.

    Having confirmed with the sales staff at All Boats and Business in Wangara 3 times that the unit included maps before purchasing, I was surprised to find out it did not. Will spare the details but after much arguing when the sales person’s story changed once the manager was involved, matters were taken further.

    Now the amazing part of this is the lack of rights we get as a consumer. Contrary to what is written in consumer law, when a sales person says that a product does something and it does not don’t expect a refund! When you have a verbal conversation with a sales person your right to a refund pretty much vanishes, all the sales person has to do is deny ever saying something. They can verbally tell you anything to get a sale, and if untrue you will have a hard time disputing it, the only way being to take it to the courts. Consumer protection cannot force the retailer to do anything.

    So be warned when buying new toys, do your research and do not rely on the salesperson knowing the products or assume they are doing the right thing. I do know there is one shop I will never be returning to, but that is another story!
    Last edited by VL400; 10-01-2015, 03:43 AM. Reason: Spelling
    '98 Grande V6 - ARB Sahara bar, IPF HID spotties, ARB compressor, GME UHF, OME Sport suspension, 265/75 MT ATZ 4 Ribs, steel rock sliders, Safari snorkel, Tigerz11 winch, rear ARB locker, Rhino platform rack.

  • #2
    Exactly. I recently purchased a pair of ugg boots after being assured they were the genuine Aussie made ones and not Chinese. A few weeks later I found a label buried under the fleece at the bottom 'made in China.' They denied ever telling me they were Australian.

    Cheers Jim.
    [SIZE=1]Cheers Jim.
    [/SIZE][COLOR=#0000cd]
    2009 120 D4D VX auto, pearl white with [COLOR=#0000cd]matching ARB deluxe bar,[/COLOR] 2" lift with [COLOR=#0000cd]OME springs & Nitro shocks,[/COLOR] 9000lb Warn winch, BFG KO A/Ts, Alloy Rhino roof basket, Safari snorkel, 2 x Optima D27F batteries, Voltage booster from Leigh, Jawa [SIZE=1]off-road camper trailer.[/SIZE][/COLOR]

    Comment


    • #3
      Naturally.

      There are plenty of bull$hit artists in sales, actually not all but likely a very high percentage.
      The only variance is how much they will spin.

      Buyer beware.

      The only sorts of retailers where you will get looked after with minimal conditions is woolworths & Bunnings etc.

      In some industries where there are salespersons like electricity or telephone there are huge fines available fr the individual & even more for the company for misleading a consumer, regardless of wether they did it on purpose or not.

      You always ave VCAT or similar?. It's your word against theirs. I think they would be listening to you.

      Comment


      • #4
        I have learned a very good lesson and have been taking notes of promises / bullshit from sales and take many photos and even now record conversations with iPad or IPhone.
        you need as much documented proof as you can get to cover yourself....
        John

        Comment


        • #5
          Unfortunately another example of the decline in values. These days it's not so much what one believes as much as what one can prove. Isn't it a pain having to document everything and be left to trust your own research. It seems our only defense left in these situations is to name and shame as you have done. Maybe the demise of reputation will modify bad behaviour. On the up side, it does once again demonstrate the value of community groups like PP. After all cash might be king but knowledge is priceless!
          ...[I]A good friend will bail you out of gaol, a true friend will be sitting beside you saying, "wasn't that a blast"[/I] ...

          White (sorry Glacier White) 2013, 150 D4D GX + the bits that will no longer fit in this space.

          Comment


          • #6
            It's not the consumer laws that are the issue its human nature - for every salesman that lies there a consumer who does as well and then it becomes he said she said and how do you know who's lying.

            Not saying that this is the case here just how does anyone adjudicate?

            Comment


            • #7
              I learnt that one a long time ago.

              When a sales person promises something, ask to see it demonstrated or be shown where the literature mentions it. Basically - back up your bullshit story on the spot. If there any any excuses, take your money else where.

              Comment


              • #8
                Originally posted by LongHorn View Post
                Unfortunately another example of the decline in values. These days it's not so much what one believes as much as what one can prove. Isn't it a pain having to document everything and be left to trust your own research. It seems our only defense left in these situations is to name and shame as you have done. Maybe the demise of reputation will modify bad behaviour. On the up side, it does once again demonstrate the value of community groups like PP. After all cash might be king but knowledge is priceless!
                This is definitely the best course of action! The more you can learn from other's experiences and other media, the better.

                I sell furniture and all my staff are instructed to advise only the truth and give more helpful information than the customer will ever required. No Spin. As is proved by VL400, lies only come back to bite you later, and I don't need that.

                SAM
                [I]Maroochydore, Sunshine Coast, Queensland[/I]
                1999 Toyota Landcruiser Prado RV 4cyl 2.7L Manual, Lifted 2-3" on Dobinson Springs & Shocks, Cooper STT Max Mud-Terrains in 235/85R16 all-round 32", Custom no Bullbar winch mount with Runva 11XP Winch, Black Sliders, 10000 Lumen, LED Lightbar

                Comment


                • #9
                  Originally posted by REN470 View Post
                  It's not the consumer laws that are the issue its human nature - for every salesman that lies there a consumer who does as well and then it becomes he said she said and how do you know who's lying.

                  Not saying that this is the case here just how does anyone adjudicate?
                  Ultimately this was the issue. There was no hard evidence for consumer protection to act on due to only phone and in store conversations, so a magistrate is required to reach a decision based on each parties description of the events. Having never been through anything like this before I was unaware of how it worked, even the consumer protection website is not clear that they are unable to act on this situation...
                  https://www.commerce.wa.gov.au/consu...ghts-under-acl
                  Under fit for purpose it states if a product is described incorrectly in person or over the phone you are entitled to a remedy. All well and good until you actually try, but I can also see it from the other side of the coin if retailers were continually forced to give refunds to lying consumers.

                  At the end of the day it was not worth the cost to pursue it any further and have had to chalk it up as life experience and a lesson learnt, if it was an item of higher value it would be still on going.
                  '98 Grande V6 - ARB Sahara bar, IPF HID spotties, ARB compressor, GME UHF, OME Sport suspension, 265/75 MT ATZ 4 Ribs, steel rock sliders, Safari snorkel, Tigerz11 winch, rear ARB locker, Rhino platform rack.

                  Comment


                  • #10
                    Simple answer. If anyone is trying to sell you something, assume they are a liar. Trust no one.

                    Comment


                    • #11
                      Originally posted by Peter SA View Post
                      Simple answer. If anyone is trying to sell you something, assume they are a liar. Trust no one.
                      Such a sad attitude, but true. I deal with people differently. As an example, written engagement letters for services offered by me.

                      If someone screws me I am more than happy to stand outside their store for 3 weeks and divert customers. I presently have an issue with a Hong Kong Tailor. They decided they would not address my issue so I started complaining on the interweb for their world wide customers to see.

                      My next step was to make 20 fake bookings in the morning they arrive in Adelaide, then stand outside the hotel they use and show all afternoon customers the quality of the work they wont refund for. Note, Visa wont assist because the issue was outside their 3 month period. No problem, I advised them of what I would do and they saw that I wasn't going to stop until I received all my money. They were also put on notice that I would continue until they reimbursed me for my time in letting the world know the truth. My methods have worked, I'm getting a refund and the comments will stay.

                      mlc - play fair or pay for your actions
                      [B][COLOR=blue]Bitumen: A blatant waste of taxpayers money![/COLOR][/B]
                      [URL="http://www.pradopoint.com/viewtopic.php?f=38&t=12197&start=0&st=0&sk=t&sd=d"]My rig buildup[/URL] [URL="http://www.pradopoint.com/album.php?albumid=141"]Mundaring Power Lines Jan 01[/URL] [URL="http://www.youtube.com/watch?v=KuQmi3Tgoe0&feature=feedu=d"]You Tube Video Morgan Quarry[/URL]

                      Comment


                      • #12
                        lol @ mlc.

                        You would have saved money by getting a local tailor to make your threads.
                        2008 D4D M6 GXL [MT ATZ-P3][Whitey's Ironman 45710FE/45682FE+KTFR101H/Dob487][extended Roadsafe links][Polyairs][DBA T3/T2][amts diffdrop & recovery points][Tin175's stone guards][Bushskins BashPlate][ARB Sahara][IPF 900s][Snorkel][WindCheetah][MaxTrax][IC-440][Parrot Asteroid][ARB Fridge][Lifestyle 2nd Row Fridge Mount][ARB Compressor][Thumper][SandGrabbers][Cargo Barrier][Tigerz Awning][MCC Rear Bar]

                        Comment


                        • #13
                          Originally posted by photoprado View Post
                          lol @ mlc.

                          You would have saved money by getting a local tailor to make your threads.
                          Apparently the 'fabrics' he was after are not 'legal' in Western Countries...
                          Cheers
                          Micheal.

                          2008 GXL D4D Auto. GOING... GOING... GONE
                          2015 GXL 1GD Auto. And it begins again...

                          Comment


                          • #14
                            Originally posted by 120D4D View Post
                            Apparently the 'fabrics' he was after are not 'legal' in Western Countries...
                            SHE PUTS THE LOTION IN THE BASKET!!!@E#@#$T#%



                            MLC - scaring the community since ......

                            Comment


                            • #15
                              Originally posted by photoprado View Post
                              lol @ mlc.

                              You would have saved money by getting a local tailor to make your threads.
                              Not true

                              Originally posted by 120D4D View Post
                              Apparently the 'fabrics' he was after are not 'legal' in Western Countries...
                              You've been smoking your marijuana socks again haven't you Mike.

                              Originally posted by shodown View Post
                              SHE PUTS THE LOTION IN THE BASKET!!!@E#@#$T#%



                              MLC - scaring the community since ......
                              LMAO. I am a respectful member of the community, just ask... never mind.....
                              [B][COLOR=blue]Bitumen: A blatant waste of taxpayers money![/COLOR][/B]
                              [URL="http://www.pradopoint.com/viewtopic.php?f=38&t=12197&start=0&st=0&sk=t&sd=d"]My rig buildup[/URL] [URL="http://www.pradopoint.com/album.php?albumid=141"]Mundaring Power Lines Jan 01[/URL] [URL="http://www.youtube.com/watch?v=KuQmi3Tgoe0&feature=feedu=d"]You Tube Video Morgan Quarry[/URL]

                              Comment

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