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A lady has purchased a 'Colourful Beauty Mask' from a beauty…

Customer Question
A lady has purchased...

A lady has purchased a 'Colourful Beauty Mask' from a beauty shop on Box Hill. This device operates on LED lights. She paid 10,000 dollars for it.

Lawyer's Assistant: What state/territory is she in? It matters because laws vary by location.

Sorry that message sent too early, she purchased the device in Box Hill Victoria.

Lawyer's Assistant: What steps has she taken so far?

I will eventually get the message to you. The shop sold the device under the trade name of Origarni. I have spoken to Origarni in Melb and they do not sell such devices. These devices can be purchased on line but the dearest I have found is 1600 dollars. I believe this lady has paid far too much for this device and there is a no refund after 3 days on the receipt

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/20/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,304
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

if you can qualify that the person paid to much, you may be able to raise a claim under the Australian Consumer Law

would you like to consider this option ?

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Customer reply replied 3 months ago
I guess that may be another way to tackle the issue. I am not an expert on such devices, it's just I firmly consider she has paid way too much. She believed she was buying an Origarni product and "Origarni" have told me they do not sell such products
Solicitor: John Melis, Lawyer replied 3 months ago

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The complaint needs to be in a chronological order with numbered points 1, 2, 3, etc.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 14 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 14 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local tribunal.

Would you like to try this option first.

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Customer reply replied 3 months ago
Thank you, ***** ***** go to the Aust Consumer Law for a start
Solicitor: John Melis, Lawyer replied 3 months ago

ok this a good way and you can claim misleading conduct by the seller.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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