Just make sure you don't buy anything from Harvey Norman.
Dear Catherine,
I received a call from Tony today 11.20am. Tony claimed to be the Manager of Hoppers Crossing Harvey Norman. Tony informed me that he was going to sort out this issue with my lap top, by offering me a refund less the 20% packing fee. I asked Tony to put this in writing but he said this is not their policy and he is just letting me know this is what they are prepared to do. I told Tony I will let consumer affairs know.
Again I confirm that Harvey Norman sold me goods not fit for purpose. The Trades Practices Act and the Fair Trading Act point out the following:
If you are providing a service you are obliged to carry it out with due skill and care. You must also make sure that any materials you provide as part of this service are fit for the purpose.
If you fail to meet any of these obligations, the consumer has the right to have the service repeated, or can seek payment for the cost of having it supplied again by someone else. If you have not provided a service with due skill and care or if the material you have supplied as part of the service is not fit for the purpose, then the consumer may also be entitled to claim compensation for expenses they have incurred as a result, such as loss or damage.
I clearly stated to Harvey Norman that I was purchasing the notebook and the Photoshop for my advertising and internet business purposes. Therefore I purchased both the items in one transaction. At no stage did Harvey Norman let me know or even suggest that graphic cards do not work on lap tops. I have now suffered the inconvenience for weeks, I had to outlay cash money, with no service or product, and I have lost income because I am unable to work without a computer. I am currently brow wing my husband computer, which I can only use when he is not using the computer. This situation has caused me a lot of undue stress and pressure. I have upset many customers by not delivering their orders in a timely fashion. To date Harvey Norman, especially owner Fab Bossio have not tried to resolve this issue.
Further I requested a copy of Harvey Norman refund policy and no where on the refund policy, do they state refunds will incur a 20% packing fee.
I believe Harvey Norman behaviour is unethical and is causing me a lot of unnecessary stress, loss of income and time.
Thanks
-----Original Message-----
From: Uniquely NewZealand [mailto:sales@uniquelynewzealand.com.au]
Sent: Saturday, 4 April 2009 2:56 AM
To: 'Infocentre'
Cc: 'fab.bossio@au.harveynorman.com'; 'anthony.sottile@au.harveynorman.com'; 'consumer@justice.vic.gov.au'; 'complaints@magistratescourt.vic.gov.au'
Subject: RE: Harvey Norman dispute
Dear Catherine,
Thank you for your below listed email. I formally confirm that despite several attempts from us Harvey Norman have not responded or tried to resolve the situation. We have attempted to negotiate an acceptable remedy with them. This has failed. We also put our complaint in writing to Harvey Norman, advising them of the problem and our desired remedy. Provided them with a date by which to contact us with an appropriate remedy before taking the matter further. To date we have received no response from Harvey Norman. Please note I have also copied Harvey Norman and Consumer Affairs into this email.
Thanks again for your help and best regards
03 8742 4666
Factory 3 172-184 Old Geelong Road
Hoppers Crossing Vic 3029
www.uniquelynewzealand.com.au
-----Original Message-----
From: Infocentre [mailto:info.centre@accc.gov.au]
Sent: Wednesday, 1 April 2009 2:08 PM
To: sales@uniquelynewzealand.com.au
Subject: RE: Harvey Norman [SEC=UNCLASSIFIED]
Dear Katzie
Thank you for your email of Wednesday 25 March 2009 to the Australian Competition & Consumer Commission (the ACCC) regarding your purchase of a Toshiba Satellite computer from Harvey Norman, and concurrent purchase of Adobe photo shop.
The role of the ACCC is to ensure compliance with the Trade Practices Act 1974 (TPA), which is designed to encourage fair trading and discourage anti-competitive conduct through a specific set of competition and consumer protection rules.
Under Part V Division 2 of the TPA statutory rights are implied into consumer transactions. These rights give consumers a basic, guaranteed level of protection for the goods and services they acquire and they cannot be restricted, modified or excluded. Any attempt to do so is void and places suppliers at risk of contravening the TPA. These statutory warranties are additional to written warranty terms offered by a manufacturer, importer or retailer and they apply to all goods and to services.
Statutory conditions state that goods must;
· Be of merchantable quality;
· Be fit for the purpose for which it was supplied;
· Match the description or the sample given to consumers.
If these conditions have not been met then you are entitled to remedy. However, it would be necessary for the consumer to make it explicitly clear to Harvey Norman that the Adobe photo shop was purchased for use on the Toshiba rather than assume that Harvey Norman would be aware of this.
The appropriate remedy will depend on the particular circumstances and may include a repair, replacement or in some circumstances a refund on the goods. If the consumer is able to establish that the product does not meet the statutory conditions mentioned above, then the consumer may be entitled to a refund.
In this instance we would suggest that you approach Harvey Norman and attempt to negotiate an acceptable remedy with them. If this fails, you may wish to put your complaint in writing to Harvey Norman, advising them of the problem and your desired remedy. Provide them with a date by which to contact you with an appropriate remedy before you take the matter further.
The purpose of Pt V Div 2 of the TPA is to imply into the consumer’s contracts the conditions listed above. As such, only the consumer can take action for breach of those implied contractual warranties. The ACCC cannot take action under the TPA for breach of an implied warranty, however Consumer and Business Affairs Victoria (Phone 1300 558 181) will be able to give you information on how you can take action in the small claims court if the situation can not be resolved with the trader.
For your information I have attached a brochure outlying broadly what consumers and businesses need to know about basic warranty and refund rights and obligations,
http://www.accc.gov.au/content/index.phtml/itemId/322947.
Thank you for contacting the ACC.
Yours sincerely,
Catherine
ACCC Infocentre
1300 302 502
--------------------------------------------------------------------------------
From: Uniquely NewZealand [mailto:sales@uniquelynewzealand.com.au]
Sent: Monday, 23 March 2009 8:06 PM
To: Adjudication; fab.bossio@au.harveynorman.com; anthony.sottile@au.harveynorman.com
Subject: FW: consumer complaint
Dear Consumer affairs,
On Saturday 21 March 2009 at 5pm I purchased a Toshiba Satellite M300/06K $ 1899.00 from Harvey Norman Computer Superstore Hoppers Crossing. At the same time I purchased an Adobe photo shop Cs4 $1549.00. So Harvey Norman were fully aware that we needed to install a graphic card on the Toshiba Satellite. You cannot install graphic cards on this computer/notebook. Therefore this system is not suitable for our purpose.
I have explained this and requested a full refund for the Toshiba Satellite from Fab Bossio the owner of Harvey Norman Compute Superstore Hoppers Crossing. Fab has refused to refund my money or try and resolve this issue.
Tax invoice no from Harvey Norman is XXXXXX
I thank you in advance for your consideration and prompt attention to this matter.