Thread: Woodies consumer rights.

A little while back a thread was started about one retailer's service standards in particular. I know we believe we have received poor service at times but how much of it is just that a retailer falls short of a consumers perhaps unreal expectations and what is actually sailing close to the wind in terms of consumer legislation.

I contacted the QLD Office of Fair Trading about a recent purchase (a bandsaw & not from the retailer mentioned previously) which I believe is not as described on the packaging. However, on this rare occasion, I had the benefit of being able to view the product (and another) locally before I purchased it and went ahead with the purchase balancing the benefits of that particular model against other similiar offerings in the market. My choice! Before finalising my decision, I also visited the websites and contacted a couple of competing firms who supply various versions of the same (similar?) product. One to their credit supplied photos that they took of their floor stock model. I realise that most importers have "their" specification of a generic imported machine.

Now the response from OFT surprised me somewhat as their comment leads me to believe that I do in fact have a reasonable prospect of a successful claim as the bandsaw was not supplied as illustrated on the packaging it, or parts of it, were supplied in! The saw I purchased was not supplied with the roller guides as illustrated in their packaging etc.

"Business conduct is likely to break the law if it creates a misleading overall impression among the audience about (for example) the price, value or quality of consumer goods or services." OFT's response indicates that if a woodie saw the image/s, as in my case, then they have a legitimate right to expect the supplied product will match the image and specification list.

Another area of comment that was common to many posters was timely supply or ordering on a website which showed that an item was in stock when in fact it was not, which then lead to lengthy delays in supply. Both of these practices fall into the false or misleading category "A business cannot accept payment for goods or services if they do not intend to supply them, or if they cannot supply them in a timely manner."

Clearly the only way retailers will change is if the consumer stands up and says "hang on thats not quite right!" then exercise their consumer rights and use the available mechanisms to seek redress.