Hi Fordy, welcome to the forum and thanks for letting us know of your recent Nick Scalli experience.
This possibly will fall into what is called change of mind. See Exceptions to the Consumer Guarantees on this ACCC webpage:-
It states that a business is not obligated to provide a remedy if a consumer…
simply changes their mind, decides they do not like the purchase or has no use for it
It is very important to ask questions when making decisions about purchases if the product will be suitable for its intended use. If one has asked if the product was suitable for children, easy to maintain and stain resistant and the sales personnel said yes (when in reality it is a no), then under the ACL one could request a refund as the sales personnel mislead the consumer in relation to the products suitability.
It appears from the information you have provided, that wuch questions may not have been asked and it was only after you received the table and read the attached literature that you decided that it was unsuitable. Unfortunately the ACL or consumer guarantee does not apply in this case and Nick Scalli does not obligated to provide a remedy.
It may also be worth checking the Nick Scalli website to see if they have a change in mind policy. Some companies have such policies, along with limitations/restrictions, and if such a policy exists, it may be worth persuing. Having a quick look at their website, it appears that there is no such policy. The website does outline the change of mind is an exception to Australian consumer rights.
Not withstanding this, some businesses may offer to exchange goods for another rather than refunds even if this is not expressed under company policies. It may be worth persuing this option to see if it is possible.
