ACCC Maintaining The Warranty Rage

Last October, the ACCC promised to crack down on online sellers who broke warranty laws, and the regulator is continuing to make good on that promise, busting an online electronics seller for apparently trying to shirk its warranty responsibilities.

Esel, which trades as Mwave Australia selling computer gear, has changed its online warranty documentation after the ACCC noticed that it violated consumer law in several areas. The company had claimed that it would not provide any warranty service and consumers must deal directly with manufacturers, and that any shipping costs incurred in that process were the buyer's responsibility — both big no-nos under Australian law. The policy has now been updated, though to be frank the way it's phrased in the company's FAQ still doesn't inspire confidence:

We do provide refund, exchange, credit and repair where goods - Are faulty, have been wrong described, do not do what they are supposed to, have been sent to you were different as what you ordered.

While it's always good to have a well-thought out warranty strategy of your own if problems arise, that doesn't excuse any company from its legal obligations.

Online retailer remedies misleading messages about warranties and refunds [ACCC]


Comments

    I take it their first language at Mwave isn't English ?

    Now, MSY need to be tackled next. Morally bankrupt warranty/RMA process...

    I have sent a message to the ACCC about MSY's stupid policies, hoping to have a reply back soon. They think that once the item leaves their store they take no responsibility and 2 dead pixels is ok on a brand new monitor.

      2 dead pixels are likely to be considered OK in most cases. Most manufacturers only replace their monitors if there are 5 or more dead pixels.

    I second Wil's comment - you'd be lucky to get a replacement with just 2 dead px, unless (perhaps) they were adjacent or dead centre.

    In general, despite MSY looking dodgy, most of my friends in Melbourne who buy at MSY have had pretty good experiences with returns. I haven't had to try that myself.

    I have returned a significant purchase to MSY in Adelaide. Whilst things didn't happen lightening quick, they ended up replacing the item. MSY may not be the friendliest place to shop, but this was a pretty well no questions asked return, no blame implied and full compliance with legal requirements. That is a lot more than many other places. I have also done a return to them because the purchase was unsuitable (ie my fault), I got a full refund, there and then. I immediately spent it at MSY.

    Good on the ACCC, companies like this which clearly ignore their legal responsibilities should be heavily penalised.

    All websites need to have clear and concise Terms and Conditions, if you don’t, then it’s likely to come back to bite you.

    I found these guys useful for mine; http://lawlive.com.au/information-technology-website-policies/

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