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Bad business and refunds

By factor - 14 August 2008 45

In June shopping in woden plaza my sister and i came across a handbag and shoe come boots store .

At the time it was called La Belle same as WOMANS WORLD , it was a buy one pair get the other half price.

Well! We had purchased 3 pairs of short boots the price being around $150 or $170 for the three when we went to put the boots on the heels of the three just collapsed. You could see the glue holding everything together, one of the boots heels just flung off.

On contacting the owner Mr Ali Amin stated “I have a NO REFUND SIGN. READ THE SIGN take a photo NO REFUNDS”

I advised Mr Amin that I would give Trade practices a call, he said “good luck with that and hung up”. 

I contacted Consumer Voice The Canberra Times who advised Mr Amin that goods have to be reasonably fit for their intended purpose…

OK so we have one pair of boots that have one heel only, we have two pairs that the glue is just about to give up and we still can’t put on our feet in unless we tip toe and don’t put pressure on the back of the boots. But the owner stated that his bootmaker will be in the shop that afternoon and he will fix them, um ok.

The end result:

Mr Amin replied to Comsumer Voice, he said:

— He had been telephoned by staff, that I was abusive and they had felt threatend… Not true

— When i contacted him I was screaming on the phone… Not true he didn’t give me a chance to talk

— When he looked at the boots he could see nothing wrong with them… not true I never took the boots to him.

End of the story is:

As consumers do we have rights, or do we just toss goods out when we take them home and find out that the goods are defective?

Mr Amin has moved to 54 Hosking St Mitchell

Shop at your own risk.

[ED – I think the moral here is to never shop at a place with a “No Refunds” sign]

What’s Your opinion?

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45 Responses to
Bad business and refunds
factor 9:27 pm 14 Aug 08

thank you madman

Madman 8:58 pm 14 Aug 08

Found it for ya bud,

Trades Pracitces Act of 1974, Part V, Division 1, 52 (1) in conjunction with
Part V, Division 1, 53 (g)

52(1): A corporation shall not, in trade or commerce, engage in conduct
that is misleading or deceptive or is likely to mislead or deceive.

53(g): A corporation shall not, in trade or commerce, in connexion with
the supply or possible supply of goods or services or in connexion
with the promotion by any means of the supply or use of goods or
services make a false or misleading representation concerning the
existence, exclusion or effect of any condition, warranty,
guarantee, right or remedy.

Fry them I say. Make sure you have put your request in writting for remedy and leave 7-14 days for a response, then take it to ACCC – Date and copy everything and they will have better grounds to help you and the business itself could face fines of up to $200,000.00

factor 8:50 pm 14 Aug 08

cheap yes but if i got the rest of the winter out of them i would be happy.
i did try them on and many more as all of them looked smart.the staff were very helpful as it was hard to decide it was when i had them on and walking around i had problems.

Madman 8:42 pm 14 Aug 08

Under the Trade Practices Act 1974 you may seek a refund if goods:
• are or become faulty through no fault of your own
• are not fit for a stated purpose or a purpose you made known to sales staff
• don’t match the description or sample
• have defects that were not obvious or was not brought to your attention.

You should call the ACCC on 1300 302 502

It is illegal to display a no refunds sign. I just can’t remember under which act. I’ll have a think – god… to think I work in legal!

Headbonius 7:44 pm 14 Aug 08

May the fleas of a thousand camels infest his armpits.

Footloose 6:31 pm 14 Aug 08

Did you try them on? Surely you noticed they were crap then?

Anyhoo, ‘no refunds’ is b**lshit.

You might also report him to centre management so others dont fall into the same trap.
Stores like that belong in warehouses, market stalls and at the rear end of trucks, not our beautiful ‘Plaza’.

Holden Caulfield 6:28 pm 14 Aug 08

Is it wise to take Idi Amin’s brother to task?

vg 6:13 pm 14 Aug 08

I’d love to get my hands on Natalie from the Rogue Traders, well at least she used to be.

Don’t be afraid of taping the conversations. Plonk a hand held tape recorder right in front of him. If you both know its being recorded its fine and, in accordance with what was s4 of the ACT Listening Devices Act (but you might want to check as its been a while since I looked at it) you can probably record it without him knowing as long as its to protect your ‘legal rights’ but like I said I’d check that last bit.

Nothing would be more satisfying than him denying he said something categorically then you asking him if he was positive he didn’t say that then playing the tape

Bundybear 6:07 pm 14 Aug 08

Nice link JR. Seems more than one Rioter has experienced a similar situation.

Jonathon Reynolds 6:03 pm 14 Aug 08
SamTSeppo 6:02 pm 14 Aug 08

Name ’em and shame ’em. Hopefully future shoppers read your well-documented story and learn from it.

Bundybear 6:02 pm 14 Aug 08

Why not take his advice, go and take a photo of his sign which I believe may even be illegal, it’s certainly not accurate. No trader has the right to refuse a refund on faulty goods. They can refuse a refund based on “changed my mind” or “don’t like them”, but as Morgan said, they have to be fit for the use for which they were sold.

Also, take notes of any conversation you have with him or his staff, preferably jot down quotes such as the “Good luck with that” word for word. These will stand you in good stead when it comes down to he said – she said. And they do carry more weight than someone’s memory unaided.

It really comes down to how pissed off you are and wether you are prepared to pursue the matter – which is exactly what this dude is counting on, most people can’t be bothered following this stuff through, so he gets to sell his crap without consequences.

Take him to Consumer Affairs, they love to get their hands on rogue traders like this.

All the above based on acceptance of your version as accurate, which I have no reason to doubt, but there are plenty of scammers on your side of the fence too.

vg 5:48 pm 14 Aug 08

No refunds is bollocks.

If the goods are faulty. which they clearly are, the legislation demands either a refund or exchange. Print up a copy of the relevant consumer legislation and wander into the shop and show it to Mr. Gupta or whatever his name is.

Then………….tell him the heels of the boots collapsed within an hour of donning them for the first time and a personal injury was suffered. Tell him that your solicitor advised some action but you wanted to do the ‘right thing’ and get the boots issue sorted, a refund will do.

If that fails pop into the shop for 10-15 mins a day and tell everyone in there what a rip off merchant he is. If/when he calls the Police just leave and then return the next day.

No refunds is a lie. Every shop assistant that has ever pulled that on me with defective goods has ended up embarrassed and handing me a refund. 9 times out of 10 they wouldn’t know what the legislation says and Mr. Amin’s type is to be a bully about it. As I said to a similiar shop keeper one day, ‘mate you are just trying to be a c**t. The only trouble with that is that you are trying to be one but I am the biggest c**t in this town when it suits. Now about that refund you are lawfully required to give me’

Duke 5:45 pm 14 Aug 08

ED I think the moral of the story is you get what you pay for. Don’t be cheap factor. One good pair of boots costs $150 – not three!

Morgan 5:38 pm 14 Aug 08

The goods have to be of “merchantable quality”, that is in a suitable condition for which they are intended with regard to factors like how much you paid for them. If you paid $5 for something and it fails after six months well bad luck.

You as the consumer have the choice between repair,replace or refund in this case as long as you have a receipt.

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