点评:Buyers beware: Myer has recently changed their return system for (at least) kitchenware and electrical which disregards the laws and disadvantages customers. For example, we bought a stainless steel Esteele frypan RRP $280 recently. Like other consumers who are trying to avoid the traditional non stick pans due to PFAS contamination, we opted for stainless steel. A Myer rep told us to follow the instructions, which we did. Sadly, all the food that we cooked, from fish, to eggs, to potatoes, to vegetables, stuck to the bottom of the pan badly and prevented the food from cooking properly due to the fact that the stuck food meant that it was limiting the frying process to the food that still needed cooking. It was a chore to clean the pan after these exercises. In the end we had to take the pan back because it was unfit for purpose - it didn't do what it was supposed to do. This is one of the basic tenets of Australian condumer law (ACL).
Under ACL, the store where you bought a product is meant to honour the guarantee, in this case a lifetime guarantee. When we took the pan back, we were told that we had to complete a form. Myer would then send the pan to Esteele and Esteele would determine whether the guarantee would be honoured. A week later, we received a missed call from Myer - not Esteele. The number they ring on is not connected, but Myer don't tell you this, so we rang the number and it just kept ringing with no answer. After 2 attempts we rang the Myer number and got the automated assistant which is poor and takes a very long time to conect you to a real person. This took half an hour. We found the person who had left a message. They cheerfully advised that the return had been rejected by Esteele due to the fact that no workmanship issues had been found, such as the fact that the handle had not come off. I didn't accept this and asked to speak to a manager. They phoned me back and were curt and repeated what the previous person had said. This young "manager" wasn't applying the basic and straightforward principles of the ACL, because in a nutshell what they are is this: if there is a problem with a product that was not known before purchase, then this something that the store needs to remedy. If the product is not fit for purpose, the store needs to do likewise. This example is ACL 101. Myer can't even handle such a basic case. I asked to speak to a higher manager. They phoned me back and advised that they were the assistant manager of the Myer store that I had phoned. They listened to the issues and said that they would allow a refund as a one off! I accepted the refund, but advised that this was not a one off example - it was a case of basic ACL guarantees. By using Esteele (and other suppliers) to knock back basic ACL consumer guarantee rights, Myer is hiding behind Esteele and Myer shirks their fair go legal obligations to customers. In our case, the pan came with a lifetime warranty. This is known as a voluntary warranty which is made by the manufacturer. The manufacturer does not have to provide this voluntary warranty - they may choose to do so. This is because every purchase that a consumer makes is actually covered by Consumer guarantees in Australia, known as the ACL. These guarantees cannot be changed, replaced, modified, or taken away by a seller or manufacturer. Usually sellers sell products with limited voluntary warranties, for example one or two years. This confuses things for customers because the actual guarantee that a consumer has via the ACL can be far longer than the voluntary warranty. For example, a quality stainless steel saucepan is something that a reasonable consumer would expect to last for many years. The guarantee that you get via the ACL is based on the expectations of a reasonable consumer, in conjunction with the price paid and any other claims made by the seller/manufacturer. In our example, despite the product only being a few weeks old, and despite the fact that it has a voluntary lifetime warranty, (which the seller and manufacturer legally have to observe if they make such a voluntary warranty), we still got the run-around. Having said this, it is important to note that on the Myer website, Myer clearly lists the rights of the consumer under the ACL. However they are not putting this into practice, in our example, without the battle of having to go through their difficult procedures. Importantly, the ACL states that it is illegal for sellers/manufacturers to mislead customers regarding their guarantee rights. Sadly, Myer tried to mislead us. We have been shopping with Myer for about 50 years. They were one of the most approachable and safe retailers out there. Sadly, they are losing their once wonderful, even bonhomous, approach. Lift your game Myer! Any consumers who are concerned about the approach of sellers regarding guarantee rights are welcome to email the ACCC (the national consumer law champion) with concerns. A tip: to cover yourself further, you can use Paypal or equivalents to buy from places like Myer. Paypal are excellent at covering consumer guarantee rights and assist very quickly. The other alternative is VCAT, but you shouldn't have to go to VCAT about such simple matters, nor have to wait a year or two to have your matter heard. Take care consumers.
翻译:买家请注意:Myer 最近更改了(至少)厨具和电器的退货系统,这无视法律并损害了客户的利益。例如,我们最近购买了一款不锈钢 Esteele 煎锅,建议零售价为 280 美元。与其他因 PFAS 污染而试图避免使用传统不粘锅的消费者一样,我们选择了不锈钢。Myer 的一位代表告诉我们要按照说明操作,我们照做了。可悲的是,我们烹饪的所有食物,从鱼、鸡蛋、土豆到蔬菜,都严重粘在锅底,阻碍了食物正常烹饪,因为粘住的食物意味着煎炸过程仅限于仍需烹饪的食物。做完这些事后清洗锅子是一件苦差事。最后,我们不得不把锅拿回去,因为它不适合使用——它没有发挥应有的作用。这是澳大利亚消费者法 (ACL) 的基本原则之一。
根据 ACL,您购买产品的商店必须履行保证,在这种情况下是终身保证。当我们把平底锅拿回去时,我们被告知必须填写一份表格。然后,Myer 会把平底锅送到 Esteele,Esteele 会决定是否履行保证。一周后,我们接到了 Myer 的未接电话 - 不是 Esteele。他们拨打的号码没有接通,但 Myer 不会告诉你这一点,所以我们拨打了号码,但一直响个不停,没有人接听。经过两次尝试,我们拨打了 Myer 的号码,接通了自动助理,但服务很差,需要很长时间才能接通真人。这花了半个小时。我们找到了留言的人。他们高兴地告诉我们,Esteele 拒绝退货,因为没有发现任何工艺问题,例如手柄没有脱落。我不接受这个,并要求与经理谈话。他们给我回了电话,很简短,重复了前一个人说的话。这位年轻的“经理”没有应用 ACL 的基本和直接原则,因为简而言之,这些原则是这样的:如果产品存在购买前未知的问题,那么商店需要补救。如果产品不适合用途,商店也需要采取同样的做法。这个例子是 ACL 101。Myer 甚至无法处理这种基本情况。我要求与一位高级经理交谈。他们给我回了电话,告诉我他们是我打电话的 Myer 商店的助理经理。他们听取了问题并说他们会允许一次性退款!我接受了退款,但被告知这不是一个个例 - 这是一个基本的 ACL 担保案例。通过使用 Esteele(和其他供应商)来拒绝基本的 ACL 消费者担保权利,Myer 躲在 Esteele 后面,Myer 逃避了他们对客户的公平法律义务。在我们的案例中,平底锅附带终身保修。这被称为制造商提供的自愿保修。制造商不必提供这种自愿保修 - 他们可以选择这样做。这是因为消费者的每笔购买实际上都受到澳大利亚消费者保障(称为 ACL)的保护。这些保证不能由卖家或制造商更改、替换、修改或取消。卖家通常出售的产品有有限的自愿保修,例如一年或两年。这让客户感到困惑,因为消费者通过 ACL 获得的实际保证可能比自愿保修长得多。例如,一个合理的消费者会期望优质不锈钢平底锅可以使用很多年。您通过 ACL 获得的保证是基于合理消费者的期望,结合支付的价格和卖家/制造商提出的任何其他索赔。在我们的例子中,尽管产品只有几周的历史,尽管它有自愿终身保修(如果卖家和制造商提供这样的自愿保修,他们必须依法遵守),但我们仍然遇到了麻烦。话虽如此,值得注意的是,Myer 网站上明确列出了消费者在《消费者法》下的权利。然而,在我们的例子中,他们没有将其付诸实践,而是经历了艰难的程序。重要的是,《消费者法》规定,卖家/制造商误导客户有关其担保权利的行为是违法的。可悲的是,Myer 试图误导我们。我们在 Myer 购物已有 50 年左右了。他们是最平易近人和最安全的零售商之一。可悲的是,他们正在失去曾经美好甚至友善的态度。Myer,加油!任何对卖家在担保权利方面的做法感到担忧的消费者都可以向 ACCC(全国消费者法律倡导者)发送电子邮件,提出疑虑。小贴士:为了进一步保护自己,您可以使用 Paypal 或类似服务从 Myer 等地方购买商品。Paypal 在保护消费者权益方面非常出色,并且能够迅速提供帮助。另一种选择是 VCAT,但您不必就这些简单的事情去 VCAT,也不必等待一两年才能得到您的案件的审理。消费者们,请多保重。