People, I see may posts where people have returned STB/Plasmas/ etc as they were not up to their expectations and exchanged for a different brand. Now this may be a daft question but how do you guys do this as it does not seem to be the case in Perth. Do the retailers take the item back and charge you something for the depreciation. Do you have to return the goods as purchased ie fully packed in original containers. From the one or two retailers I have asked about returns, they have basically said P... Off unless the item is defective.

This is what they will often do, but aren't supposed to do. They rely on the fact that people don't know the law's... and make people feel they are being unreasonable. Basically most big retailers seem to have a "14 day return policy" based on defectiveness etc. but really they are meant to take it back long after this, especially if they have breached the Trade Practices Act along the way. Selling something to someone which doesn't actually do what the customer was told it would entitles them to a full refund... not just a store credit either.

JSmith :ph34r:

Some stores, Dick Smith for one, openly promote their 14 day no questions asked return policy. Elsewhere, you are more likely to be able to return something if you repack it in its original box. It pays to keep boxes and packaging for this and many other reasons.

Turning up on their doorstep with a bloody big box being trundled in by two of your football mates on a borrowed shopping trolley with the three of you making audible remarks to each other about the injustice being foisted upon you, will probably get their attention.

The State's Fair Trading laws require goods to be fit for the purpose they were intended, be of merchantable quality and do the things you were told it would do or the things it was advertised as being able to do.

Somewhere among the law's gibberish you should be able to find a clause or two that would convince a store to take back most of the gear that gets discussed here, as there is usually something that causes you grief that was not thoroughly explained to you prior to purchase.

Like the connectors are not compatible with your existing gear, it buzzes or makes other funny noises, and god knows how many other annoyances that get reported here. What you cannot do is say it clashes with the lounge room curtains.

On the other hand, if you are spending bucked loads of cash on a regular basis at the one place they will value your custom and bend over backwards for you.

Not if it's Hardley Normal

I spent $2000 there and they wouldn't even swap over a $170 DVD player for one that was $20 more! I was happy to pay the $20 extra also, but they wanted me to keep the dud one (no progressive PAL, only NTSC) and they would give me $20 off the new one but I had to buy it! They also only gave $50 off when I spent the initial $2000 for cash... not really bending over backwards. I am keen to find a store that will treat me like a valued customer, rather than an ATM that they are withdrawing from.

JSmith :ph34r:

I know it's probably a bit late now, but approaching dealers like HN on a "reasonable man" basis is fraught from the outset. Especially as they gave you no real consideration in the first place. Fifty dollars off two thousand is basically an insult.

It may have been better to have been a bit "outraged" at not being told that the DVD player had no progressive PAL facility as this could be in breach of the Fair Trading laws. Tell them this was one of the main features you were looking for, emphasising your astonishment that you outlaid two grand with them in good faith and still didn't get what you wanted.

They would be then faced with you threatening them (loudly in front of other customers) that you feel you would be justified in taking them through the small claims courts system via the Office of Fair Trading because of the breach outlined above. Ask to see the store manager. Ask for the salesperson's name and start writing things down in front of them. Also request the owner/franchisee's name as well as the registered business name and ABN number (it's probably on your receipt, but write it down again for effect).

If they don't bend a bit in your favour and you don't want the hassle of actually going through the court system, just walk out and buy what you want elsewhere. By the sounds of it, in this case, you would have been no worse off. Do it as a last resort, but do it with flair and volume. It will cost them more than they felt they were losing in swapping your DVD over. And pick a busy time for theatrics.

Unfortunately in today's market a single sale of $2000 is considered chicken feed. The prick probably had trouble remembering you. Most of these guys roll out tens of thousands of dollars worth of sales every Saturday mornings.

B21, 'are not up to their expectations'

Unfortunately the digital era means lots of new tricks and traps, and in many cases the consumers and retailers are all just as in the dark as what to expect out of new technology.

As a general rule of thumb, as long as no one went out of their way to decieve you, then as long as something works its a case of caveat emptor (buyer beware). Its not really reasonable to expect a merchant to recieve back goods just because it wasn't all that you wanted. If, on the other hand they expressly said "It does progressive scan" and it doesn't then you have a very reasonable case. Verbal agreements are just as valid as written (where they don't expressly conflict). Also many vendors offer a short 'o questions asked' period.

In the end, when there's no obvious defect, you're usually better off just explaining how the unit doesn't fit your requirements. Most retailers are reasonably happy to exchange to another unit (although cash back can be a challange)

Regards

Peter Gillespie

However you prove a written agreement by showing the document and you _