标题: 公平贸易投诉成功案例 --(别到我们店里买东西了) [打印本页] 作者: Badlands_lee 时间: 12-10-2011 21:26 标题: 公平贸易投诉成功案例 --(别到我们店里买东西了) 表妹要带UGG Australia的羊毛靴.我对UGG 品牌不大懂,特地把表妹发来的产品链接介绍页打印了出来,并查好专柜,Country CLassics,在QVB Level 2。一个黑头发的老外接待了我,因为那个时间其他顾客都是中国游客,其他会说中文的店员就去接待其他顾客了。我把这个产品介绍页给她看,并说我要买UGG Australia,型号是XXXX.(产品介绍页都有)。结果店员给我拿了双UGG SHearer (made in Australia)。我当时感觉有点不对,但是又说不上来。我特地问你们是UGG AUstralia 的专卖店吗?她答曰是的。于是我就付了钱走了。
一个精通品牌的朋友一看就大叫,这个不是UGG AUstrlia。logo完全不一样呢。于是本周一去店里退。那个黑头发女人说店里政策市只能换,不能退。我说是你没给我拿UGG AUstralia 这个牌子啊。你也没给我解释你们店里UGG Australia 要300刀,而不是网上价格150刀(UGG Australia网上显示价格150,我当时买的时候就跟她说网上查到是150,她也没给我解释这个是美国价,而是直接给我拿了一双不是UGG Australia的靴子)。她承认是她的错,没给我解释,但是仍然拒绝退钱。一个中国店员听了经过,也说是她们的错,问那个黑头发老外(据说是店经理)能否给我退款。但是那个女人还是不退。
我很生气啊,都承认错了,还不给退,这哪门子道理啊。虽然你们发票上写了不能退,一般也都只适用于改变主意的情况。我也是学过澳洲经济法的啊。消费者保护法里面这种情况属于misleading。 it says " you are entitled to ask the trader for a refund if the item you bought is not fit for the purpose you made known to the trader and you have relied on the trader's judgement. "
Your Complaint has been received by the NSW Fair Trading on 10/10/2011 - file number 5939272. Please quote this file number when dealing with us regarding this complaint.
Business/Trader identified: Country Classics Australia
Details of Complaint: I lodge this compliment because I was rejected to get a refund while the shop assistant gave me the wrong product. The whole story is that: I printed a page from UGG Australia ( An American brand of boots and the weblink is http://www.uggaustralia.com/womens-classic-short-boots/5825,default,pd.html?dwvar_5825_color=NPL&start=11&cgid=women-boots-classic) with model no. 5825 and searched the stores selling it. Then on 6th Oct night, I went to the store and tell the salesman(later proved to be the sore manager) that I am after UGG Australia and the mode no. is 5825 and also showed her the printed page. Then she gave me a pair of boots and I paid for it and took it home, later my friend told me it was not the brand UGG australia. I came back today 10th Oct to ask for a refund as I wasn't given the right product. The store manager said it was her fault of not explaining what she gave me is not UGG Australia, the one I am after. But their policy is no refund, exchange only. Even other shop assistants agreed that it was their fault and they should do refund. It was unfair and I am lodging a complaint as per article-Consumer rights: mythos and facts from fair-trading website. it says " you are entitled to ask the trader for a refund if the item you bought is not fit for the purpose you made known to the trader and you have relied on the trader's judgement. " In this case, I knew there are numerous brands of ugly boots. So I particularly printed out the product that I was after and expect the shop assistant to give me the right products. And they tell me they are exclusive store of UGG Australia, and so it was reasonable to rely on their knowledge. I was quite hurt and there are so many tourists to buy stuff from the store and they are not clear of the various brands and they could end up like me. So I hope they can be educated besides the refund.
When NSW Fair Trading receives a written complaint, it is our practice to attempt to resolve the dispute through negotiations between the parties. Fair Trading's intervention results in the resolution of more than 85% of matters. Where resolution of a complaint cannot be achieved through negotiation, Fair Trading advises consumers of the other options that may be available to them.
NSW Fair Trading aims to finalise 85% of matters within 30 days of receiving the complaint. In other cases we contact the parties within 30 days to advise them of actions being taken.
Please do not reply to this message as it has been automatically generated.
I refer to your correspondence dated October 10, 2011 regarding Country Classics Australia.
Your concerns were brought to the attention of Axx, manager of Country Classics Australia, who advised that the UGG Australia brand Model: 5825 is an American brand of boot. As you wanted the cheaper brand because the American brand was too expensive, you were provided with the Australian made boot. Anissa further advised that you were offered the opportunity to exchange the boots for the UGG Australia brand and pay the difference.
Axx has advised that Country Classics Australia is not prepared to offer a refund in this instance. However if you decided to make a further purchase from the store then they would be prepared to offer you a discount,the amount of the discount was not indicated by Anissa.
In cases such as this, NSW Fair Trading attempts to assist the parties to negotiate a satisfactory resolution; however, it is not empowered to direct a trader to a particular course of action.
Should you wish to pursue the matter further, you may lodge a claim with the Consumer, Trader and Tenancy Tribunal. The Tribunal provides an inexpensive and effective means of settling consumer disputes and is capable of making enforceable orders. Please see the Tribunal website for more details on lodging a Tribunal application.
Applications can be lodged at any Fair Trading Centre, Tribunal Registry or online at www.fairtrading.nsw.gov.au/cttt.html. Alternatively, you may choose to obtain your own independent legal advice.
NSW Fair Trading will retain the information you provided on the complaints management database used to monitor marketplace trends and practices. These records also assist with the development of consumer protection strategies.
I trust that this information is of assistance to you.作者: Badlands_lee 时间: 28-10-2011 22:42
我回公平贸易的信
Thank you for the reply and your efforts are highly appreciated.
Could I pead you to negotiate with the shop for another time, as I
have important things to clarify:
-- The first time I went into the shop and asked for the UGG Australia
brand Model: 5825 with the price $150. The shop manager confirmed the
price was $150, and I told her the price was got from the UGG
Australia website, and then she took out the shoes ( UGG Original)
to me. We finished the
transaction quickly. She did not mention that the shoes she gave me was
a cheaper brand and had no relations to UGG Australia ( the one I was after).
That's why I felt I was misled, as I was kept in the darkness and was
not given the options to choose.
If I had been told correctly upfrount that the UGG Australia (US
brand) I was after
was $300 and the $150 she gave was another brand, I would have the
option of buying nothing.
-- I only found out what I bought was not genuine UGG Australia after
my friend saw them. Then I went back to ask for a refund, and I was
told about the difference between brands and was given the choice of
paying another $150 for UGG Australia brand, or keep the pair I got.
If I was told and chose to buy the cheap brand, why would I bother to
ask for a refund, and even proceed to lodge a complaint. I was fully
aware that the shop has the right to reject refund if the buyer just
change their mind.
I understand your role is to negotiate a resolution not issue an
order, however, do you agree that since the purchase is "not fit for
the purpose you made known to the trader and you have relied on the
trader's judgement." and the seller was misleading, I should get a
refund for this case?
Would you kindly inform the shop their legal obligation to customers?
I would like to give the shop another opportunity to correct their
mistake. Otherwise, I have to go to the tribunal for a resolution.
Thanks and Regards作者: Badlands_lee 时间: 28-10-2011 22:42
第二封公平贸易回信
> I refer to your correspondence dated October 10, 2011 regarding Country Classics Australia.
>
> Your concerns were brought to the attention of Axx, Manager Country Classics Australia, who advised that if you return the boots to the store, Country Classics Australia will provide you with a refund. If possible, please also return any packaging.
>
> In cases such as this, NSW Fair Trading attempts to assist the parties to negotiate a satisfactory resolution; however, it is not empowered to direct a trader to a particular course of action.
>
> Should you wish to pursue the matter further, you may lodge a claim with the Consumer, Trader and Tenancy Tribunal. The Tribunal provides an inexpensive and effective means of settling consumer disputes and is capable of making enforceable orders. Please see the Tribunal website for more details.
>
> Applications can be lodged at any Fair Trading Centre, Tribunal Registry or online at www.fairtrading.nsw.gov.au/cttt.html. Alternatively, you may choose to obtain your own independent legal advice.
>
> NSW Fair Trading will retain the information you provided on the complaints management database used to monitor marketplace trends and practices. These records also assist with the development of consumer protection strategies.
>
> I trust that this information is of assistance to you.作者: Badlands_lee 时间: 28-10-2011 22:43
第三封我的回信
Would you mind that I report to you my experience of the refunding.
Axx, the store manager charged me 5 dollars because I paid via Amex
credit card. I said it would be fair to share the cost half to half.
Anyway, she insisted to charge me 5 dollars. It was not fair as it was
her mistake which caused the refunding. She said she was doing me a
favor of refunding as no other people got refund from the store, and
she said Sydneysiders were so busy, how can you have time to report to
Fair Trading. She couldn't understand I was here for fairness and
justice.
Moreover, she said you needed to do the research yourself, I didn't
have time to introduce the products to you, and even said you'd better
not shop in our store.
That's the worst customer (refunding) experience I have ever had. It
was such a shame it happend in my dream land and in a store in the
world-famous QVB.
Once again, thank you for your hard work and the negotiation.