14 August 2008

Bad business and refunds

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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]

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“Damn lies and statistics” Please spare us!

You might wanna check your stats about response times before you post such piffle.

Nah Simon is still too depressed to talk to about his portfolio. BTW VG, 8 minutes to respond to an internet post – that is better than you blokes do in your day job. Or are you on the station ‘puter?

Bob Debus, Federal Minister for Home Affairs, or perhaps locally Simon Corbell.

Tell them exactly what your issues are, I’m sure they’d love to hear it as it would be something no-one has ever said to them before.

Or, even better, have a few beers and approach a copper you see walking the beat. Tell them how crappy they are and how they never do anything. Be sure to slur your words. Again this will probably be a new and novel experience for the Police.

Good luck, keep us all posted

So lemme get this right here. People should object to poor service/shoddy product/blatant rip offs. OK, I want to object to AFP purporting to supply a police function to the ACT and want my share of my tax dollars refunded. Who should I talk to?

Dear KC

Welcome to the site and here’s a tip for young players. READ MY POSTS before you comment. I made the derogatory remarks when I had been treated in kind by the shopkeeper. I had tried to resolve the matter civilly and the time had come to approach it otherwise.

“I stand up for every shopkeeper in the ACT and anywhere in the world when i say that it is not our job to be yelled at, screamed at and called any manner of names.”

It is not your job but it is the inalienable right of the customer to do what they like when approached in kind. Read through this board, work out what I do for a living (instead of being a half assed one post wonder), and then re-think the yelling and screaming thing. I can guarantee I’ve copped more of it than you (and the regulars here will understand the underlying pun in that sentence).
Cry me a river about how maligned you all are. You are providing a service. There is no such thing as a customer behaviour charter, but I bet there is one that applies to customer service in whatever industry you’re in.

“I would imagine you are also one of those people who think it is ok to talk on your moibile phone at the movies and click your fingers at waitstaff at a cafe to get thier attention.”

Aaaaaaahhhh, no and no.

Generally when asking for a refund civilly I have been treated well. On the odd occasion when I have been treated like an idiot or called a liar I have replied with some venom which generally sees a backdown, an apology, and what I deserved when I went the civil route.

Matching Kappa tracksuits, bogan, rude…….oh please. I am so far from that it’s not funny. I abuse when I get abused.

Vg, I have managed many a retail store in and around the ACT. I do not beleive it is part of my job to be called a c**t or numerous other words that may happen to come out of your bogan mouth. I would imagine you are also one of those people who think it is ok to talk on your moibile phone at the movies and click your fingers at waitstaff at a cafe to get thier attention. In other words you are just plain RUDE or it may be a power trip that you get out of screaming at some school or university student trying to make some money.

I stand up for every shopkeeper in the ACT and anywhere in the world when i say that it is not our job to be yelled at, screamed at and called any manner of names. For one it will get you nowhere and secondly its just childish. It will also make you look like a dumbass.

Many shopkeepers out there are just doing thier jobs, merely adhering to policies written down by thier bosses or a central head office. Give us guys a break, we are just making a living to pay the bills as much as you. We still deserve to be treated as humans and spoken to politley.

Have you ever thought that being nice about wanting a refund on something may get you more than just that? By abusing the storeperson you will only get a refund whereas if you are nice about it they are more likley to offer you something in return for the hassle caused such as a gift voucher or store credit. vg, Im sure that would be much more useful in buying your children matching ‘kappa’ branded tracksuits.

The roundabouts and other roadworks are, to my knowledge, the taxpayer facilitating Mr Snow making more money.

And yeah, I agree, roundabouts don’t work well when there’s one dominant flow of traffic.

Gungahlin Al10:45 am 16 Aug 08

But meanwhile ant, the damn little roundabouts affect Majura Rd traffic flows 24/7.
Who the hell in Roads ACT approved them?
Roundabouts are for balanced traffic flows.
Lights are for intersections where the bulk of flow is along one path.

Brand Depot can be quite useful. Got a doona cover there for $40 which is still $129 at Spotlight! It’s handy, and fills a niche. And there’s no traffic problems getting to/from it (unless you try in rush hours that is), while Epicentre is going to affect traffic on Canberra Avenue quite profoundly.

More than happy with every item I’ve bought from Brand Depot, and the prices I have paid for them.

If you don’t like it don’t go, and leave the stuff for the rest of us

ive been in a customer based job for about 10 years and ive learnt you cant keep everyone happy.. id say about 95% of my clients/customers have been fine and walk away with a smile. the other 5% can really try your patience at times, ive had people refuse to pay, record convo’s, get abusive and violent etc. ive got all the time in the world for nice customers and bend over backwards for them. ive got no time for bad customers and make it very clear if someone is over stepping the mark.
im lucky enough to be able to pick my customers and i can suss people out pretty quickly and dont waste my time with the sort of people who are likely to cause problems. i dont work in canberra anymore, but i have found canberrans to be the worst customers ive come across.
being a c*nt (to anyone) is not something to be proud of, i see it is a good invitation for a punch in the face.
i dont think ive ever had any really bad experiences being a customer, im realistic about what i expect from products i buy. if i buy something cheap i dont expect it to last or be reliable. i generally buy good quality stuff and shop in stores that i know are respectable. if i feel a bitt suss about a shop ill just wonder off elsewhere. same applies for any trades or services i buy.
ive never had to take anyone to small claims court, but ive heard its very easy and effective. i generally write off any bad debt unless it’s over grand or so, otherwise it ends up costing me more to recover the money.

And to think, it is alleged that thousands of Canberra shoppers are just busting to get to the new giant junk (cheap boots and bags?)outlet about to open at Fyswick! The Depot Dump crap stores at the airport even admit the stuff is seconds, overruns, last seasons styles and just stuff no one wants at full price. Fyswick will continue to do more more of the same! Someone above said: you get what you pay for. The other old adage is “if its too good to be true, it probably is: …. buy one and get the other cheap? … (I was gonna say “who falls for that crap” but obviously a LOT of people do, so I wont). Shopping for price over what one WANTS is sillier than reruns of Bewitched. There is no magic folks!

Trust me, I don’t need any sort of uniform to make my point. In any case it would be weak as p1ss to do that sort of thing in a uniform hoping to gain some sort of advantage. That’s not my caper

DJ said :

ant said :

vg, it’s cheating to go back and frighten bad shopkeepers in your policeman outfit.

Go hire one yourself…

I would, but this vg guy always has it out on extended rental.

ant said :

vg, it’s cheating to go back and frighten bad shopkeepers in your policeman outfit.

Go hire one yourself…

vg, it’s cheating to go back and frighten bad shopkeepers in your policeman outfit.

What Bob said.

And they guy I referred by the c word was acting like the c word. He abused me and called me a liar in front of my wife. Unfortunately he bit off more than he could chew and ended up fulfilling his lawful obligations, providing me with the recompense I was allowed and apologising to me. The man is question had a reputation for this kind of carry on and it gave me great pleasure to not only get what I was entitled to but to humiliate him and bring him down a peg.

On the other hand I have written to and rung many businesses when I get good service.

If he had’ve referred to me as a c word what I said back to him would have been the least of his problems. It is the right of the customer to raise grievances with shopkeeper, not the other way around

There is nothing wrong with me. The problem lies with the shopkeeper in question. He is behaving like a c**t, there is nothing wrong with the customer replying in kind. There is also noting legally or ethically wrong with recording the conversation. The only people who would encounter issues in this regard are those who get caught out telling porkies.

If getting called the c word by a customer offends you then perhaps shopkeeping isn’t the right line of business for you

As for the drive by reference, grow up a bit

bobthebuilder6:30 pm 15 Aug 08

I am a shopkeeper myself and I am 100% for great customer service. I completely agree that the merchant in this case could have done a lot more to remedy the situation, and that factor is entitled to a full refund or exchange under the law provided that there is a proof of purchase and the goods are proven to be faulty.

I however think it is wrong how all you people are in an outrage over this scenario and yet not a single person said anything about vg mentioning to call the shopkeeper a “c**t”, or harass them and their business everyday. My god I would hate to imagine the response on here if it was the other way around and a shopkeeper called a customer a “c**t”

And secretly taping the conversation???? What the hell is wrong with you?

I support all people that stand up for their own rights, but some of the things mentioned here is just down right malicious.

Yes, the shopkeeper in this case was in the wrong. But he agreed to fix them in the end which is what was required of him by law. So problem solved, and I’m sure he learnt his lesson. So please before someone organises a drive by gang shooting to rid him for good from the face of the earth, let’s not forget that he is human too.

vg said :

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’

LOL – that’s gold!

Funniest post I’ve read on here for awhile. 🙂

Avy said :

Wait a minute:

he said “good luck with that and hung up”.

did he do the dial tone too?

Lol, you smart arse.

Wait a minute:

he said “good luck with that and hung up”.

did he do the dial tone too?

Fraud makes me cranky, smack this guy around and don’t let him get away with it.

Loquaciousness11:37 am 15 Aug 08

Gungahlin Al said :

I’ve said before that more businesses in this town need to brush up on the pivotal marketing concept of Marginal Net Worth.

While most of this theory talks about the cost of obtaining a customer vs the ‘lifetime’ profits that would result from that cost, there is the flip side of the theory that is most often neglected. That flip side is the damage one angry customer can cause your business vs the cost of remediating their complaint.

Perhaps we could give it a name of its own “Marginal Net Damage” – the lifetime cost of not adequately resolving a customer service issue.

A complaint can be a make or break moment for any client – that client can end up either hating or loving your business for ever, depending on how you handle it. And a hater is often far more motivated to cause damage than a lover of your business. They do things like publicise the event on RiotACT – not a good thing.

“If you have a compliment – tell your friends. If you have a complaint – tell us.”

It’s commonly taught in business classes that a happy customer will tell one or two people, and an unhappy customer will tell everyone they know (the numbers change with the storyteller, but the message is the same).

L

Gungahlin Al10:05 am 15 Aug 08

I’ve said before that more businesses in this town need to brush up on the pivotal marketing concept of Marginal Net Worth.

While most of this theory talks about the cost of obtaining a customer vs the ‘lifetime’ profits that would result from that cost, there is the flip side of the theory that is most often neglected. That flip side is the damage one angry customer can cause your business vs the cost of remediating their complaint.

Perhaps we could give it a name of its own “Marginal Net Damage” – the lifetime cost of not adequately resolving a customer service issue.

A complaint can be a make or break moment for any client – that client can end up either hating or loving your business for ever, depending on how you handle it. And a hater is often far more motivated to cause damage than a lover of your business. They do things like publicise the event on RiotACT – not a good thing.

Small claims is the best way to go, it is quick and cheap.

Basically write him a letter telling him you want your money with a statement of what happened, keep a copy and send it to him.

If he doesnt get back within 14 days, send him another letter telling him that youre going to small claims.

Then goto the act courts website (http://www.courts.act.gov.au/magistrates/) follow the instructions in the small claims pack on the right hand side. Basically fill in the forms, attach copies of your receipts, letters and and file it.

Then you will get a court date and if he doesnt show up you can get the court to force him to pay.

Realistically though, once he gets a legal document from the court saying you’ve filed, he will just pay up.

Just so you know, the ACCC does not intervene in individual disputes. The ACCC will record your info to see if there is wider concern.

The Office Of Fair Trading ACT have state jurisdiction and may intervene on an individual basis. Otherwise it’s off to the small claims tribunal.

This publication deals broadly with what consumers and businesses need to know about warranty and refund rights and obligations (includes an example ‘letter of demand’).
http://www.accc.gov.au/content/index.phtml/itemId/322947

thank you madman

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

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.

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!

May the fleas of a thousand camels infest his armpits.

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 Caulfield6:28 pm 14 Aug 08

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

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

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

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

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.

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’

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!

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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