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    Default No refund policy. HELP PLEASE.

    Hi mums I have a refund question. I purchased 3 shirts from a local shop on the 27th and that night realized one of them was poorly cut and unwearable. I went back within 24 hrs with the shirt, tags in tact and presented my receipt. The store had no replacement shirt, the girl could not guarantee if or when more shirts like that would come in and gave a 6 months store credit. The shirt was not on sale I paid full price and it was not cheap. There was a sign at the counter saying no refund for change of mind (which is not legal). Aside from the ACCC what is the other place to contact? Is it the department of fair trading?

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    I'm pretty sure legally they don't have to give you a refund for change of mind. However if the poor cut of the t shirt is a fault and the other aren't like it then you are entitled to a refund.
    Some others might know some more

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    If the item is faulty or not fit for purpose than you are entitled to a refund regardless of their sign.

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    Quote Originally Posted by babybloom View Post
    There was a sign at the counter saying no refund for change of mind (which is not legal).
    I think that sign is perfectly legal. It's illegal to have a sign that just says "No Refunds" because they are definitely obligated to refund if the item is faulty, misrepresented etc but traders do not have the obligation to refund if you changed your mind.
    No refund signs  
    A sign in a store that says 'no refunds' is illegal because it implies you will not be provided with an appropriate remedy even if the goods you bought have a major problem.
    Other examples of illegal signs are 'No refund on sale items', 'No refund after 7 days' or 'Exchange or credit note only for return of sale items'. Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve received from a business have expired.
    However, a sign stating 'No refund for incorrect choice' or 'No refund if you change your mind' is legal.
    http://www.fairtrading.nsw.gov.au/ft...lacements.page


    However, you haven't changed your mind, the item is clearly faulty and you are entitled to a refund and not a credit note.
    Can you go back in and perhaps ask for a manager and have another shot? Do they have another store, could the shirt be sent from another store?
    Last edited by Mod-biscotti; 31-12-2013 at 07:38.

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    Boscotti,

    look here http://www.accc.gov.au/consumers/con...replace-refund and scroll down to
    'No refund' signs and expired warranties

    It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales.

    And this is on the ACCC webcite. I have made a complaint anyway.

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    Quote Originally Posted by babybloom View Post
    Boscotti,

    look here http://www.accc.gov.au/consumers/con...replace-refund and scroll down to
    'No refund' signs and expired warranties

    It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales.

    And this is on the ACCC webcite. I have made a complaint anyway.
    But that's not what the sign said It said "No Refund for Change of Mind"? Fair Trading NSW (see my quote above in previous post) says it is legal for a trader to display a sign saying no refund for change of mind.

    It's all a moot point anyway, your item is faulty and you are entitled to a refund.

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    Quote Originally Posted by babybloom View Post
    Boscotti,

    look here http://www.accc.gov.au/consumers/con...replace-refund and scroll down to
    'No refund' signs and expired warranties

    It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales.

    And this is on the ACCC webcite. I have made a complaint anyway.
    I interpreted that as they cannot use the wording "under any circumstances". The business you went to states on their sign that they don't give refunds for "change of mind" - which is legal.

    If I was you OP, I'd try approaching the manager of the store to discuss getting a refund instead of the store credit. If the shirt was faulty and unwearable, you are most certainly entitled to a refund.

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    Agree with others. It's legal to say they won't do refunds for change of mind. However, if it's poorly cut & unwearable then it's not fit for purpose. You're entitled to an exchange or refund - YOUR choice which.

    I'd speak to the manager, explain exactly WHY you're returning it (faulty), tell them that you'll approach any higher levels/ACCC next. If you don't get any satisfaction, take it further.

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    Depends on what your definition of poorly cut and unwearable is.

    Is it the actual design of the top that makes it unwearable or is it a fault in the manufacturing of that specific garment and it looks different to the other tops in the same style?

    If it's the design of the top and that's how its supposed to look, then it's a change of mind.... If you can prove that it's different to the other tops in the same style than it's faulty.

    There are some designs out that I don't know who they would be wearable on because the design and cut is horrendous, but apparently that's how they're supposed to look.

    Also why didn't you try it on in the store? You would have realised then that it was poorly cut and not have purchased it in the first place....
    Last edited by wannawannabe; 31-12-2013 at 08:24.

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    I have tried to see manager but they are 'away' shoudl be back in a few weeks.


 

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