|
If you thought the mirror was damaged - and removed it check and saw it was - I wouldn't say that invalidates your rights under either section 52 or 54 of Trade Practices or as I say electronic payments made by credit.
I just call the guy if you haven't done any damage yourself and say
I've inspected it and as a brand new scope the mirror was factory soiled and damaged - so in my eyes you have sold me goods that are not fit for sale. Rather than any repairs to a faulty unit I want a complete brand new unit - in good condition.
If they hint at no or can't do - you gently escalate
Under my legal rights for fair trading and the credit card processing act if it comes to that I want a total replacement with one that is fit for sale. I am happy to give you this note in writing, and would prefer not to have to raise a dispute to be given goods fit for sale, but if you insist on providing damaged goods for a brand new purchase I will tell my credit card provider to take it up with you. I repudiate the payment and will instruct them to dispute their payment made to you. Your next conversation will be with them and this record will go permanently on your credit record.
If they don't honour their commitments under Australian law - well let them have the fun of arguing the case with American Express or Visa. Suddenly its them versus a mega corp - not them versus your lawyer writing a disputed goods claim under fair trading or trades practices. So it costs you nothing.
Meanwhile AMEX docks their account - and they have to prove to AMEX the goods were fit for sale - not an easy task - most will just role. Next they have an issue with their distributor - but wait - they probably bought on credit (if they're smart) and if they paid with an Australian credit card then they simply repudiate the payment to their distributor for faulty goods. Then their credit card provider takes it up with their supplier.
The hunt can go right back to the folks supplying poor goods.
Credit card payments have significant laws - that go beyond Trades Practices - to protect purchasers. And more - they cost you nothing to invoke and they force the card issuer and their lawyers to act as your proxy with merchant - it costs you nothing.
So wuss out or take up the protections written into law to protect your rights.
|