No Honour in Delivery

Continuing the discussion from Outrageous - why am I responsible for returning small damaged items:

Recently bought a sheet set online from Myer. $169) It arrived without the pillow slips, despite the packaging listing them. Myer gave me (Aged, heart failure, disabled) NO option but to send back the whole order. When I complained, the fact of missing items was acknowledged and an apology given but NO other option to have my order completed. At least one other person had the same experience (spotted in a review) and I posted the photo of that review in my second complaint. Myer is certainly now not the Myer of old. Contempt for customers? I am left with sheets and NO PILLOW CASES or refund. And Myer acknowledged fault!


What a terrible experience.

In relation to sheet sets, I can see why Myer requires the sheets to be returned, rather than just posting you a pair of pillowcases. Each run of sheets will have slightly different colour, this includes white sheets. I suspect if they issued you pillowcases, it is likely the pillowcase colour will be slightly different to that of the sheets. This could be seen as a fault and a customer when returns both the sheets and pillowcases to Myer.

Sending the sheets back allows them to resend a complete set where the sheets and pillowcases are made from the same run of fabric and hence exactly the same colour.

I mentioned this includes whites. In our business we use commercial white sheets and the white colour can vary between manufacturing runs. Some might be bright white to slight shade of cream to greys (not noticeable unless sets are compared under good light conditions side by side).

Also, if you live in a metropolitan area and can’t get to a post office to return the sheets, see if Myer will do an Australia Post parcel pickup for you. They may be willing if you can demonstrate you are incapable of getting to a post office. Information on the pick up service is


You do have the option to ask for a partial refund if you want to use the sheets.

"Who can the consumer claim a remedy from?

The supplier, if goods do not meet the consumer guarantees for:
• fitness for any disclosed purpose
• matching sample or demonstration model
• title
• undisturbed possession
• undisclosed securities
• an express warranty given or made by the supplier.

The manufacturer or importer, if goods do not meet the consumer guarantees for:
• repairs and spare parts
• an express warranty given or made by the manufacturer.

Both the manufacturer or importer and the supplier, if goods do not meet the consumer guarantees for:
• acceptable quality
• matching description.

A supplier of goods cannot refuse to help a consumer by sending them to the manufacturer or importer.

Remedies for failures with goods

If goods fail to meet a consumer guarantee, the supplier who sold the consumer the product may be required to:
• repair or replace the product
• provide a refund
• provide compensation for any consequential loss.

When the problem with the goods is minor, the supplier can choose the remedy—either a repair, replacement or refund.

When there is a major failure, the consumer can choose to:
• reject the goods or services and either choose a refund or a replacement; or
• ask for compensation for any drop in value of the goods or services.

Where a good fails to meet the guarantees for acceptable quality, repairs and spare parts, matching description (stated by or on behalf of the manufacturer/importer) or an express warranty given by the manufacturer/importer, a consumer has the right to recover damages from the manufacturer/importer of the goods.
If the consumer purchased the goods from \the manufacturer/importer, their obligation to provide a refund is the same as any other supplier.

What is a major failure with goods?

A major failure with goods is when:

• a reasonable consumer would not have bought the goods if they had known about the problem. For example, no reasonable consumer would buy a washing machine if they knew the motor was going to burn out after three months
• the goods are significantly different from the description, sample or demonstration model shown to the consumer. For example, a consumer orders a red bicycle from a catalogue, but the bicycle delivered is green
• the goods are substantially unfit for their normal purpose and cannot easily be made fit, within a reasonable time. For example, a ski jacket is not waterproof because it is made from the wrong material
• the goods are substantially unfit for a purpose that the consumer told the supplier about, and cannot easily be made fit within a reasonable time. For example, a car is not powerful enough to tow the consumer’s boat because its engine is too small—despite the consumer telling the supplier they needed the car to tow a boat
• the goods are unsafe. For example, an electric blanket has faulty wiring."


I hate those types of experiences where you get partial orders. Not all retailers handle this well. Some do though. I take it as a learning lesson as to which retailers I’d continue buying from.

Ones that do it well for me are

  • Woolworths - partial ordered items - they usually refund the full price of the item
  • - they’re refunded the full price of the item

Yes, i know what you mean.
I have received a partial refund from an eBay retailer in the past for a similar thing where i ordered 2-packs and received 1-packs.


Ah yes ebay - I get partial refunds for them. Usually it’s like buying the nose strips for snoring etc. Buy a 200 pack and sometimes you get 5-10 short, they give partial refunds for those.

I have ordered through ebay and had unsatisfactory experience.
I negotiated with rug seller in Jaipur for two similar rugs. Paid for both. Received one, no response from seller to my complaint about missing item.
Gave feedback saying missing item and no response from seller. Through ebay complaints the seller said he would send the second if I withdrew my feedback!! I said send the rug I paid for and I will give feedback again.
No response, no rug, ebay no help. :frowning:

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I always avoid overseas sellers, even with PayPal backup. They are not subject to Australian Consumer Law.