There are some dodgy people out there...

[needsmorecowbel]

So I went to an electronics store to buy a replacement speaker for an old practice guitar amp I've had lying around for years. Do a little bit of haggling on this apparently "new" speaker. I asked the sales person if I could test the speaker as I brought along the head of the amp which is detachable, he says he doesn't want to remove the speaker from the packaging which seemed fair enough at the time.

So I test the amp on another speaker and have a chat to the salesman pay up etc. Get home unwrap the speaker and there is a price tag on the speaker dust cone (there was a piece of flat cardboard on the package so I couldn't see inside the cone to the membrane). I think...hmmm this is a bit odd, and gently remove the sticker (that had lost its tack) and there is a skewer/ match head sized hole in the dust cone behind the price sticker. So I call the store to tell the guy that there's a price sticker on the dust cone and a hole behind it.
In the most suss accent he says oh "you didn't remove it did you?" because you have damaged the cardboard in the process of removing the sticker that's a big NO NO. Can't give you a refund or a return. You have damaged it...

I let off a maniacal laugh into the phone at the realisation of the scam they are trying to run...By 2-3 phone calls later he is totally changing his story regarding why the sticker is there.

A few civil yet hard hitting emails later the manager is claiming still can't get a refund...only exchange for another speaker.
I haven't tested the speaker to see if it even works as If it doesn't they will prbly claim I caused any damage to it when I put it in my amp (as they are probably that dodgy)...
The manager claims that the speaker will still work with damage to the dust cone (while that may be true I don't trust these guys and the damage could be worse than that).

I just don't want anything to do with these suss basterds...should I simply get consumer affairs involved if they don't refund my money?
Thoughts?

Stu

[needsmorecowbel]

[nnickusa]

I'd guess it'll work fine, BUT,,,if I'm buying a new speaker, then that's what I want. Not one that has been damaged and camo'd to hide the fact...

Fair Trading, Consumer Affairs won't do squat...ask me how I know. Take the replacement, and tell them to remove all packaging and labelling in your presence. If it's cool, take it, if it's not, insist on a refund.....2c

[Kim]

Yes you should get the authorities involved. These people have an obligation under national consumer legislations introduced in January 2011 which affect every trader in Australia.

These people have deliberately concealed pre-existing damage in an attempt to pass it off as a brand-new undamaged product. The item had not been discounted nor presented in a way that would indicate to a prospective buyer that it was in some way damaged or substandard. Therefore the item does not fulfil the reasonable expectations that a consumer would have when buying a band-new product. I am not certain in this instance as I am no expert in consumer law, but as I recall the new laws clearly state that should a purchased item be found to be defective right out of the box, then the 'consumer' has the option to choose between replacement, 'or' a full refund.

EDIT:

Supply of goods
In all contracts for goods, consumers are
protected by the inclusion of a number of statutory
conditions and statutory warranties.
The
statutory conditions
require that:
1) Goods must be of merchantable quality – they
must meet a level of quality and performance
that would be reasonable to expect, given their
price and description. They should also be free
from defects that were not obvious at the time
of purchase.

The right under the Act to cancel a contract and
get a refund is generally limited to a reasonable
time after a consumer receives a good – this is
usually before the consumer has used the goods
a lot.
The Act says that consumers can cancel a
contract for goods that breach a
statutory
condition
by:
• returning the goods to the seller, or notifying
the seller of the problem, within a reasonable
time after the consumer has had a reasonable
opportunity to inspect the goods (generally,
this means before the consumer has used the
goods a lot)
• not disposing of, losing or destroying
the goods.
To cancel a contract of sale, the consumer must
also:
• have taken reasonable care of the goods
• not have damaged the goods by using them in
a way they were not meant to be used
• be able to prove they bought the goods from
the seller.
If a consumer cancels their contract of sale
with the seller, they are entitled to insist on a
full refund. A seller may not insist the consumer
receive another form of remedy (such as repair or
replacement goods) or insist that the refund be
issued as store credit.
A consumer is generally entitled to receive any
refund in the form of their original payment. For
example, if they paid for an item with a credit card,
it is reasonable for the seller to give the consumer
a credit card refund

http://transition.accc.gov.au/content/i ... efunds.pdf

Cheers

Kim

[needsmorecowbel]

Cheers Kim! I consulted consumer affairs yesterday but I am waiting for another response from the store manager...

They pretty much highlighted what you have sited...

[ozwood]

if that does not work , Name and Shame , so we can all apply a little pressure for you !.

Cheers,

[jeffhigh]

I just had to apply that new legislation yesteday with a laptop from Dell that kacked it at 16 months with a motherboard failure.
Initially they would not help at all but when I rang back with the knowledge of the legislation they changed their attitude.

In this case you are entitled to a refund if YOU choose.

[kiwigeo]

if that does not work , Name and Shame , so we can all apply a little pressure for you !.

Cheers,

+1

The good were passed off as new...and they're not.

[needsmorecowbel]

hmmm it's not looking too good at the moment. On talking to Consumer affairs again they were pretty much like it is one of those cases that could easily turn into your word vs his word in terms of who created the initial damage despite there being a sale sticker above the defect. I've made a comprimise which would be a diagnostic and repair at a neutral 3rd party speaker repairer...doubt that will go anywhere but it might at least freak the guy into thinking it could cost him a bit to repair and therefore a refund would be a better option. I guess I just have to reasonably annoy the guy enough that he realises I'm more trouble than I'm worth haha