CHOICE membership

Spotlight and others requiring keeping the packaging ro return faulty goods in

Not sure anyone has had this issue or have taken notice of it. Spotlight on selling some goods eg Sewing Machines require the purchaser to keep the packaging in case they have to return faulty goods. If they don’t return it in the original packaging they will refuse it because the people they return it to will not accept it.

Under ACL this is to my understanding a breach.

“Products do not need to be in their original packaging to be returned. Consumers may, however, need to ensure the products are adequately protected for posting or collection. If the consumer is not able to take the products to the supplier in person, and the supplier does not have a complimentary pick up or return policy, the consumer may have to return them by post or another delivery service.”

"A supplier must not:

• offer a credit note, exchange card or replacement goods instead of a refund
• refuse a refund, or reduce the amount, because the goods were not returned in the original packaging or wrapping"

Are there other suppliers trying to pull the same trick?

Does Spotlight or any others who are identified need ACCC reminding of their stance being incorrect?

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I would need to build another shed to keep the boxes and packing.

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They most certainly do.

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2 posts were merged into an existing topic: Fire One - potassium based fire extinguishers

Yes; but will it happen? Not likely.

Look at how many years of complaints it took for the ACCC to finally slap Chrisco on the wrist.

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Aldi tried that on me with sheets that actually tore around the fitted sheet elastic area after the 2nd wash. I had to stand my ground in the store and demand to see the manager ( didn’t work). Then wrote to Aldi Australia management and took their email back to the store manager. Such a rigmarole and hard work when the merchandise was clearly faulty.

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Fire One also requires any returned product to be returned in original packaging (their policy states ‘To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.’. If this condition is not met, it will not be accepted as a return or refunds given. More information about this is and their return policy can found in this other post…

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I had The Good Guys require the box of a kettle that had stopped working after several months of use. Because I did not have the original box, they took the box from my new appliance and put the broken one in it, leaving me to carry my replacement out of the store in my hands. I said what will happen if this new one breaks and I was told I won’t be able to return it.

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Disgraceful breach of the ACL.

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Welcome @Bee26 to the Community

If it breaks again you can take it back (if covered by Warranty or ACL still). Just arm yourself with the ACL requirements ie

"A supplier must not:

• offer a credit note, exchange card or replacement goods instead of a refund
refuse a refund, or reduce the amount, because the goods were not returned in the original packaging or wrapping"

&

“Products do not need to be in their original packaging to be returned. Consumers may, however, need to ensure the products are adequately protected for posting or collection”.

If they still refuse ask to speak to the manager and see if they respond properly, if they don’t advise them you will be taking action for the Breach of your ACL rights & make a complaint to your Office of Fair Trading & the ACCC.

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Thank you for this information. I will be prepared next time!!

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You can still return it. The only thing is they may start the manufacturer warranty period from the date when the first kettle was purchased (not when you collected the replacement as there may be no documents issued for the replacement kettle.

Notwithstanding this, your rights under the ACL still apply.

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Another thing that can be handy, especially if the sales assistant is cocky, is ask for that in writing. If they refuse, then take a note in front of them noting the date, time and ask them their name if they aren’t wearing a nametag or say their name as you write it and say what you are writing as you write it (ie what they said). Notes can be on paper or a device, doesn’t matter - even voice record/dictate it. I’ve done this a number of times when confronted by sillyness, only once did things get a little ‘heated’.

This is confrontational, but they have already crossed the line of being a nong …

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I agree with this approach. The assistant was rather over bearing and I felt intimidated. So I think in future i will try this approach, and even ask could they show what they are saying about their returns policy. Thank you

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