Knowing Your Rights !

Here we are just a few days into a new year and it is likely that some of the presents we received at Christmas are not working properly.   Hopefully, the person who gave us that present remembers where they bought it and can find either a receipt or its listing on their credit card account.   It is protected by Australian Consumer Law and if it is faulty we have the right to what is called "The Three R's " - Refund - Repair - or Replacement - and that choice is ours.

Surprisingly, some shopping chains that should know better try and bluff people out of their consumer rights.  They tell the customer that this complaint has nothing to do with them and the item must be returned and negotiated with the manufacturer.    Wrong !   A faulty item needs to be returned to where it was purchased, and the choice of the "Three R's " applies at that point.  But you do need proof that you are returning it to the place of purchase.

Then there is the matter of a "timed "guarantee.   Most manufactured items come with a twelve months warranty but that is in addition to an "implied warranty "that applies to all items.   That demands that the item is safe, lasting, free of faults, of acceptable quality and will perform its function for a reasonable period of time.    If the product does not meet that guarantee you are entitled to a remedy.

An old trick of the trade is for the seller to unpack the returned item and refer the complainant to the usual accompanying notice that instructs that in the event of a warranty claim the item must be returned to the manufacturers factory.  Manufacturers expect to sell their goods in every Australian state and in many overseas countries.   Consumer laws are individual state matters and may not even exist in some overseas countries, hence this general law applies where no consumer law exists.  When the sale takes place in an Australian state, that states consumer law is paramount.

Because negotiating with the manufacturer is time consuming many retailers try and bluff the customer out of their consumer rights.   Usually, making it clear that you are aware of your rights brings compliance, but it is certainly worth lodging a complaint with Fair Trading if a claim is refused.  Sever penalties are imposed on retailers who do not meet their obligations.

Redress does not require a complete product failure to apply.  Many products promise a range of functions and should you find that one of these is not applicable in your area this must be made abundantly clear at the time of purchase.  You have every right to expect all the manufacturers claims to be met.

To add to profit margins, many resellers suggest you take an "extended warranty "cover on your purchase.   You should ask that they fully explain just what is involved in this cover because in many cases you are simply replacing at a cost what is free for the first half of the period covered by your consumer rights.   In the event of a fault in that time, the cost is borne by the insurance company.

These forms of redress do not apply if the customer has simply "changed their mind "and want to return the goods.   Some retailers cheerfully accept returns after the festive season but that is a matter of goodwill, not law.  A brochure fully explaining state consumer law is freely available from any office of Fair Trading.