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I bought 2 chairs from Harvey Norman Kingaroy last week and…

Customer Question
Hello, I bought 2...

Hello, I bought 2 chairs from Harvey Norman Kingaroy last week and they were to big for my home, the franchisee agreed to take them back and I would purchase a two seater couch instead, the chairs were never taken out of their plastic bag and upon unloading them on return one of the legs fell off which is a manufacturer fault the 2 doc workers and myself all looked at the leg and there were no marks, the they took the leg to the store and when it came back the supervisor said the leg is damaged and showed me a perfectly lined scratch running from bottom to top where he had clearly scraped it on a shape edge and told me because of the scratch I was liable for the damage and had to keep the chairs and that the franchisee would not deal with me, I left the chairs there and now would like to take Harvey Norman to small claims court

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: What steps have you taken so far?

I called legal aid this morning but they said they don’t handle these cases

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

By maliciously scratching the leg did the franchisee breach his code of conduct

Submitted: 2 months ago.Category: Australia Law
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Answered in 48 minutes by:
5/29/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,552
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

You will have a claim under the Australian Consumer Law based on the facts that you have described and you will be able to claim compensation. The legislative Act that applies is the Competition and Consumer Act 2010, Schedule 2.

All sellers warrant that goods or service are acceptable for their use/service.

Goods:

a. Goods must be of acceptable quality

b. Goods must be fit for purpose

c. Goods must match their description

d. Goods must match any sample or model.

Services:

a. Must be rendered with due care and skill

b. Services must be fit for the specified purpose.

c. Services must be provided within a reasonable time.

Seller has several options they can provide where goods or services have not meet the requisite standard. The seller can either repair, replace, refund, compensation, and cancel the entire contract.

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 chronological order need to be be numbered with points 1, 2, 3, etc. with each point being a separate item.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 7 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 7 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 QCAT.

You can lodge this claim directly on their website. The key element of the claim is the points claim that details the matter, This application point will need a little time to prepare the facts, and I recommend that you download the application first, review, fill it out, and then when you are ready lodge the same online

You may also have a claim of misleading conduct by the seller, under section 18 of the Australian Consumer Law. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

Harvey Norman cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Would you like to try this option of the complaint first.

You have a legal right to protect your interests in this important situation.

If you need any further information please let me know.

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 your important questions.

Have I answered your question today ?

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