Would @Prof have purchased the MFP if they had known previously of the connectivity issue? If not so, then they are covered by the refund choice under ACL
" Products and the consumer rights that apply
When buying a product, a consumer has the right to expect the following things.
Fit for a particular purpose
(Consumer rights and guarantees | ACCC)
This guarantee applies when:
- a consumer tells a business they want to use a product for a particular purpose
- the consumer buys the product based on the advice of the business
- the business advertises in any way that the product can be used for a particular purpose.
In any of these situations, the product that the business sells must be fit for the particular purpose stated.
This guarantee does not apply:
- if it’s unreasonable for the consumer to rely on the skill or judgement of the business
- if the business tells the consumer the product won’t meet their purpose, but the consumer buys the product anyway."
@Prof also unsuccessfully attempted getting the issue resolved by having contact with the manufacturer, this failure to provide the functionality means they have a product that did not meet it’s claims. This again, is grounds for a refund under ACL.
"
Major failures
Major problems cannot be fixed or are too difficult to fix.
There is a major failure to comply with a consumer guarantee when:
- You would not have purchased the product if you had known about the problem. For example, you
would not have bought the washing machine if you had known the motor would fail after 3 months. - The product is significantly different from the description, sample or demonstration model you
were shown. For example, you ordered a red bicycle from a catalogue but the bicycle delivered
was green. - The product is substantially unfit for its normal purpose and cannot easily be made fit within a
reasonable time. For example, the raincoat you bought is not waterproof because it is made from
the wrong material. - The product is substantially unfit for a purpose that you told the supplier about, and cannot easily be
made fit within a reasonable time. For example, you told the seller you needed a car to tow a boat,
but the car they sold you is not powerful enough to tow your boat because its engine is too small. - The product is unsafe. For example, the electric blanket has faulty wiring.
There is also a major failure to comply with a consumer guarantee when there are multiple minor
problems with the product and you would not have purchased the product if you had known the nature
and extent of the problems, taken as a whole."
The seller of the product as others have pointed out are the responsible party under ACL and they should not be directing the purchaser to use the manufacturer to resolve their claim. As @PhilT has stated this should start with a formal letter of complaint to the seller, though this may require getting the MFP back from the manufacturer (HP) so as to be able to return it to the seller or the complaint letter may need to be sent to HP if that is not possible.
If the letter fails to elicit the response required then a complaint to the Fair Trading body of the State/Territory will be required. If they fail to get the result required, then a claim will need to be made through the relevant Civil and Administrative Tribunal/Court for the State/Territory. Getting legal advice is also very highly recommended before starting out in taking further action. For some free legal advice centres that may help see Free Legal Advice Centres
