I had a problem with a product and ACL in Western Australia.
I ended up making a complaint to the WA department of comerce.
I must admit I was not hopeful having to deal with a government department. But I was very plesently supprised, they contacted me in a couple of days then contacted both the retail and the manufacurer dirrectly and had they had the whole thing sorted out for me in just over a week. No stress at all, and my product was only worth $40.
Thanks for trying to help out. Just a couple of relevant point though:
The two photos I posted are just meant to be examples of tears in the fabric which are in many spots, over both sides of the mattress, also not only on the edges (though more damage thereā¦ but also more stitching on the edges, so unsurprising).
Iām sure we didnāt damage the mattress- we were careful with it.
And I appreciate everyoneās ongoing help. Iāve contacted choice help to see what their opinion is on the major/minor fault issue.
@heathpithouse - Thatās encouraging! Itās good to hear that they were so helpful.
Thatās not minor - Consider some video of the problem so the extent is shown, or a plethora of photos maybe taken in sections. If it were say 10% then maybe Iād think it was fixable, but if the problem is >50% of the mattress incl top/bottom/sides then itās hard to imagine end-user damage in the first place, also seems unreasonable to only offer a fix - personally Iād be pushing for replacement, but make sure you have plenty of evidence before you let it out of your sight ā¦
Thanks @draughtrider, but unfortunately itās back at the manufacturerās already! I took a number of photos, but now Iām feeling like maybe it wasnāt enoughā¦
Here are some views on what a major failure/problem is:
Thanks for updating in the extent of the stitching problem. Yes, if the stitching problem is more extensive than the photos, then the reasons in yesterdays post (18/4/2017) could be the likely cause.
It will be interesting to see if Choice help think it ia a minor or major failure.
I suppose at the end of the day, the real question in relation to the stitching pulling is whether this affects the use of the mattress as a mattress? I take from the above links that the function of the mattress would need to be substantially compromised for it to be a major problem/failure.
I suspect that the stitching problem wonāt affect its use as a mattress however, there could be potential for then fabric to pull more over time with use and handling. Only a person who is an expert in fabrics would be able to detremine if this would the case and what it would mean to the life of the mattress. Maybe the manfacturer has determined that the fabric has the potential to pull more over the mattresses life and why they have offered to recover it in a different fabric.
While there is a lot of commentary on major vs minor failure, would anyone think a mattress delivered like this is acceptable quality, another of the āguaranteesā?
This is a fantasy. I donāt think they will find any reference to āintimateā objects being exempt in the ACL!
By way of juxtaposition, my motherās mattress bought from Ikea developed a crease on top that didnāt want to go away. I rang Ikea for her.
After verifying the receipt, the customer service rep asked me to send some photos to an email address she gave me. Luckily, I had the photos ready.
I hadnāt even started the email when the customer service lady called back to say that she had talked to the responsible area, and I didnāt need to send photos. They would accept our word on the fault and either refund, or replace at their cost. We chose the replacement, which was transported to us, and the old one removed.
Perhaps SlumberCare should take lessons from Ikea?
I agree with you @PhilT, I wouldnāt have purchased the mattress if it was in that state or I would have demanded my money back on opening it and seeing what has been described, which Ijon obviously asked for but was refused. The business seems to have failed the ACL requirements but will the ACCC take action?
It really isnāt good enough, both the state of the mattress and seemingly the businesses (manufacturer & retailer) responses, and really any repair might look good for a while and then it could turn into the mattress from hell. If the mattress is as has been described (and I donāt have reason to doubt @Ijonās description) , it is not of acceptable quality at all.
Mention that you will be exercising your rights under the Australian Consumer Law.
Write to the manager and then their manager etc. If you just talk about the problem you have no records which can be useful later.
Write to the manufacturer - go to the CEO if you have to.
If all else fails write to your stateās fair trading department.
Please inform other consumers about this via the internet ( product review websites) and social media.
@Ijon seems well down a path, although not the preferred path. The outcome remains to be seen whether a complete reupholstery (that appears what is offered) is good enough, or a refund is still sought. It appears @Ijon has been the recipient of self serving misinformation and is rightly looking to challenge it.
@joe1 made a good summary, noting the steps are all related to obtain resolution within the ACL, not individually discrete actions.
The most important is [quote=āJoe1, post:29, topic:15367ā]
Write to the manager and then their manager etc. If you just talk about the problem you have no records which can be useful later.
[/quote]
and when writing/responses are not happening take notes of every conversation in real time, not from memory afterwards, and formalise what you want per an ACL āLetter of Complaintā, this example about unacceptable quality.
