CPA Year long battle won :D sortof

RPJBotha

Active Member
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Oct 1, 2013
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39
Hi

I have had an almost year-long battle to get faulty goods either refunded/repaired by the store I bought it from, which blamed user error for the defect/loss. I eventually succeeded through the Consumer Goods & Services Ombud and learnt a ton of stuff to do with the CPA.

I got a mail this morning stating this:

The manufacturer is willing to give the complainant an “in-store” credit to the value of the amount the complainant paid.

Have I got the right to insist on a cash refund or at least replacement of the exact same unit? Which they no longer keep stock of! "In-store" credit to me means I have to purchase goods from this same place that have been giving me seemingly endless trouble for the past year.

Your input in this matter will really be appreciated.

Thanks!
 

xrapidx

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Feb 16, 2007
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39,332
My understanding is if its defective, you choose, refund, repair or replace.
 

Swa

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May 4, 2012
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If it's new goods you have a choice. If it fails during the warrantee it's repair or replace at the store/manufacturer's discretion or they can choose to give a store credit. Original warrantee period doesn't extend.
 

mxc

Well-Known Member
Joined
Sep 12, 2005
Messages
204
As far as I am aware the only time you can get a refund is if the product cannot do what it claimed it could do. E.G It claims to make custard but really makes toast. If it makes custard and you don't like the taste its too bad.

If its damaged or faulty it can be swapper out, repaired etc.
 

Magandroid

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May 25, 2011
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2,060
My understanding is if its defective, you choose, refund, repair or replace.

If you claim within the first 6 months of the year warranty period. After that it is at the store or manufacturer's discretion whether they refund, repair or replace. Should the store not carry stock any longer then they are obliged to give you a full cash refund and not just in-store credit.
 

Swa

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If you claim within the first 6 months of the year warranty period. After that it is at the store or manufacturer's discretion whether they refund, repair or replace. Should the store not carry stock any longer then they are obliged to give you a full cash refund and not just in-store credit.
Only for out of box failures. The warranty period can be 6 months or what the manufacturer decides but has to be at least 6 months. If it fails during that time they can replace with same or similar product.

I've been in a situation where a motherboard failed during 3 years but because the socket was outdated I couldn't get a replacement so had to build a new system. Also the lifetime warranty like with memory only applies to the life of the technology and not the product or user.
 

RPJBotha

Active Member
Joined
Oct 1, 2013
Messages
39
Thanks for the replies!

a bit of extra info:

- Unit was returned after just 5 days of use (6 month warranty from authorised reseller) when it failed resulting in total loss/damage
- I bought exactly the same unit (still working 100% to this day) when I returned the first one.
- The store does not carry my exact unit anymore, not EOL just do not have stock the manufacturer still produces and repairs this model.
- I'm not interested or don't require any other items from this store making "in store" credit useless to me.
- Would have been happy with a replacement (same model) unit

So based on this do I not have the right to request a cash refund? Asking, to know how to respond to their offer of a "in store" credit refund.
So to me it seems they are just being difficult trying to make it harder than it has to be for me to get this refund.
 

ryu

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please name the store in question, would be nice to give others the option of avoiding them all together.
 

Ho3n3r

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Also tell us what the hell you bought. Need some context.
 

Swa

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May 4, 2012
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30,121
Thanks for the replies!

a bit of extra info:

- Unit was returned after just 5 days of use (6 month warranty from authorised reseller) when it failed resulting in total loss/damage
- I bought exactly the same unit (still working 100% to this day) when I returned the first one.
- The store does not carry my exact unit anymore, not EOL just do not have stock the manufacturer still produces and repairs this model.
- I'm not interested or don't require any other items from this store making "in store" credit useless to me.
- Would have been happy with a replacement (same model) unit

So based on this do I not have the right to request a cash refund? Asking, to know how to respond to their offer of a "in store" credit refund.
So to me it seems they are just being difficult trying to make it harder than it has to be for me to get this refund.
Yes in warrantee they can choose to replace and repair but if they can't (or don't want to) you can request a refund. I see many places want to give in store credit even when they advertise a money back guarantee because they don't want to lose business. They're just taking a chance.
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
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99,778
In-store credit is not deemed as a refund...

Refund is money in your hand that you can use wherever you want.
 

YMartin

New Member
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Jul 30, 2016
Messages
7
Yes in warrantee they can choose to replace and repair but if they can't (or don't want to) you can request a refund. I see many places want to give in store credit even when they advertise a money back guarantee because they don't want to lose business. They're just taking a chance.
You can only request a refund if the item went for repair already and it is still in the 3 month repair guarantee
 

RPJBotha

Active Member
Joined
Oct 1, 2013
Messages
39
You can only request a refund if the item went for repair already and it is still in the 3 month repair guarantee
They claim the item is EOL and they do not carry any repair stock. Seems there is no clear cut answer to this situation
 

RPJBotha

Active Member
Joined
Oct 1, 2013
Messages
39
The item was returned and deemed not to be cost effective to repair. At which point they blamed user error and told me about a special they are running on the new model.
 

RPJBotha

Active Member
Joined
Oct 1, 2013
Messages
39
They will try anything not to Give your money back
I see that. Their legal representative let me know that I need to return the damaged unit plus proof of the amount paid for arrangements to be made by the manufacturer for the "store credit"

LOL the unit was returned last year seems they might have misplaced it.

Shop in question: CopterShop in Centurion

Product: DJI Phantom 3 Advanced

Price tag at the time: 18+ k

Contacting my lawyer Monday morning to get proper advice, consumer goods & services ombud , the CGSO... Dont even waste your time. I will put all the emails with all parties involved in a zip file for anyone interested to read what a joke this has been. Legal team against me SEESA.

Not the end of this.
 

Swa

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May 4, 2012
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And we have another pointless piece of legislation...
 
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