TiddlyPom

What are the laws on refunds in NSW?

In this circumstance, I had a verbal contract with someone who was going to provide me with an item within 3 weeks.
6 weeks went by and I enquired twice, only to be told it was 'on the way'.
9 weeks have now gone by. I went to see the person yesterday who apologised for the delay, but said they'd been flat out busy, and then in the next sentence, said that September was a dead month.... hence contradicting himself.
He now says three more weeks...

I want to quit the whole deal and get my money back.

Any comments?

Wendy

http://www.fairtrading.nsw.gov.au/Co..._and_nonsupply

Only thing is that with a verbal agreement, although legally a contract, it can be very hard to prove what has actually been agreed to.

'A contract is a legally binding agreement between two or more people. Contracts can be oral or written. However, even for relatively straightforward arrangements, it’s a good idea to have a written contract, as it minimises misunderstandings and leads to fewer disputes. With an oral contract, it may be difficult to prove exactly what was agreed to, or even if a contract existed.'

http://www.fairtrading.nsw.gov.au/Co..._is_a_contract

My advice, is ring the fair trading guys and get their advice.

TiddlyPom

Thanks Wendy...

FT closed today and I have to sort this out today.

Suspect that we are covered through 'Delays in delivery and non-supply' as well as the contract side...

I have totally lost faith in this person and I think that in another three weeks I'm going to be saying 'I knew this would happen' and I don't want to be in that position.

TiddlyPom

He also has a sign saying 'no refunds' in his shop, which I think is illegal...

Wendy

Sounds like a dodgy guy.

I would maybe print out the relevant parts of the page then, and see if that works in getting a refund?

TiddlyPom

The irony is, it's supposed to be a good firm... :-/
God, I hate this sort of thing.

Yeah, I paid it on my card so he should refund.

I think this is a simple breach of verbal contract. I was with my oh at the time too, so he heard the 3 week promise. The lack of communication since then has all compounded it.

I also booked him to do more work after this first thing was delivered... part of a package. So I want to cancel those on the basis of this. I haven't paid a deposit on the second half so that's good.
Thanks for the help.

x

Jen1977ni

Rather than start a thread of my own, does anyone know the returns policy for Big W? It's an item I bought more than 28 days ago, it's clothing and still labeled and quite obviously not worn, I've got the receipt...

Wendy

It doesn't say that there's a time limit:

http://www.bigw.com.au/help/returns-policy-content

Take it back and see. The worst that can happen is they say no

TiddlyPom

http://www.fairtrading.nsw.gov.au/Co...arranties.html

Jen1977ni

Cool, ta, it's a dodgy long skirt which I bought on a whim and it looks erm, stupid!? lol

TiddlyPom

He refused point blank to give refund saying how he had bought materials for it and the deposit was spent.
He now promises delivery next sunday instead of in three weeks.

Not impressed. The product had better be bloody good.

Jen1977ni

Flip let's hope so, what is the product?

TiddlyPom

I sent you karma on that one.


He went on and on about how he had rung me over and over on my mobile phone and that he didn't like being called a liar. Over and over with the 'I don't like you calling me a liar' stuff.
I asked him to show me all the logged calls on his phone because they didn't show up on my phone... and that was one call he'd made two weekends ago on a completely unrelated matter. He couldn't show me any more calls at all. So he's a liar...

Isn't it funny when people rant at you, that they say the thing that they truly are inside? It's about them, not you.
So we think the guy has issues with his time management and he did not give an inch... there was no apology, apparently I was 'having a go at him' by stating how unhappy I was with it all.

The irony was that he'd asked me to do some photography of his products, but in fact, had no cash to pay me. I said I wouldn't do it for free but I'd barter. 'No, I don't barter' he said.
So completely happy for me to do hundreds of dollars worth of work for him free, in return for absolutely nothing!

What a joker!

Jen1977ni

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You thought about reporting him?!

(PS I found my receipt for the hideous skirt so will be popping out this avo to see what Big Wubbleyou say! lol)


(PPS OOOOOOOOOOOOO at your karma! Makes my skirt look even more crap now! lol)

TiddlyPom

Yes I thought I might ring Trading standards on Monday anyway and see what they have to say.
If he'd just given an inch and actually delivered an apology or offered to do something to make up for it, I'd have been less hard on him. But he stood his ground and went on and on about me calling him a liar - which I didn't do incidentally - I just said his phone calls were not on my phone. Round and round he went on how many times he'd called me... complete rubbish.

But if that's how he treats his customers, I give his business a year at the most. Very disappointing, but if delivery happens as promised, then that's fine. Amazing how it can go from 3 weeks down to 1 with a little pressure.

I reckon it's a struggling business and they're working from paycheck to paycheck. I don't think they even have any cash in the bank as a business.

It's good actually because there was a proposal that we work together in the future on a project along with someone else, but now this has come to light, I wouldn't touch him with a bargepole. He's obviously got no business acumen and he's never wrong.
A fatal combo imo. If you run a small business in a small community, then it pays to be smart with your clients!

PS - If there's nothing wrong with your skirt, you should be able to exchange it for something else though not get a refund.... A straight swap for goods of an equal value will be totally acceptable.