Hi all, I ordered what I thought was a new gazebo from a provider here in Perth during the week (I’ll withhold the name of the well-known and major outlet for now). It was delivered today and it is clearly second hand or ex-floor stock. Furthermore, it is badly damaged. Nowhere on their website or the invoice does it mention that it is not new or damaged. I’ve sent them an email and photos but want to be prepared in case their reply is inadequate.
Any advice would be appreciated.
Unless the business advised it was not new BEFORE you purchased, you have every right to expect new quality. From the ACCC website:
A product sold to a consumer must be of acceptable quality.
Acceptable quality means the product:
is safe, durable and free from defects
has an acceptable appearance and finish
does everything that similar products are commonly used for.
There are no set rules for deciding whether a product is of acceptable quality, or how long a product should last for. To decide whether a product meets this expectation, consider questions like:
What kind of product is it, and how does it compare to similar products?
What is it made of and how was it made, and how does this compare to similar products?
How much did it cost, and how does it compare to products of a similar price?
What maintenance may be needed to keep the product operating?
Did the business or manufacturer make any claims about quality, or how long the product could last for?
Did the business warn the consumer about any defects, or warn against the product’s use in a certain manner?
How old is the product, and how long do similar products normally last?
Was the product sold new or second-hand?
Has the product been used in a way it wasn’t designed for?
(Click on the blue type above to access the link. Bolding is mine.)
I would suggest you quickly get in contact with the business in question, and ask for them to exchange the gazebo for a new one. Explain that you expected a new product without any faults or defects, and what you received is clearly not new.
They may agree, disagree, or offer you a partial refund. Think before-hand; if they offer you a partial refund, how much $ would it take to make you happy to accept the goods received?
If they do not comply with your request to exchange, write them a formal letter of complaint (search the Community or Choice on how to do this).
Thanks for the prompt response @meltam - much appreciated.
It is clear that the goods are both used and damaged, neither of which is noted in the sales documentation. I have contacted them and am awaiting their reply. I’ll keep you posted.
The seller has just advised me that they will send out a new gazebo next Tuesday. They were very apologetic but I note that there are a lot of similar complaints on ProductReview. Anyway, let’s see what happens on Tuesday.
@meltam is spot on
I also posted a similar post for a member having similar issue with King Furniture here:
This may be useful information to you as well.
