Effective 1st April 2020
This policy explains how CityMx Pty Ltd (“CityMx”, “We”, “Us”, “Our”) handles refund, repairs or return requests from you (“You”, “Your”, “Cardholder”, “Customer”, Consumer”).
“We” are committed to ensuring the highest level of service to “Our” customers. To achieve this “We” have prepared the following document in clear plain English outlining “Your” rights to a refund, repair or return for goods and/or service supplied by “Us”. “You” acknowledge that in the event of a dispute then specific reference to Australian Consumer Law (“ACL”), documents and wording shall take precedence over the wording of this document. To assist reference “ACL” information, we have provided the following URI links;https://www.consumer.vic.gov.au/products-and-services/business-practices/storepolicieshttps://www.accc.gov.au/business
This document shall in no way affect or remove “Your” automatic rights to consumer guarantee as protected under Australian Consumer Law.
ABOUT THE AUSTRALIAN CONSUMER LAW
The “ACL” aims to protect consumers and ensure fair trading in Australia.
The “ACL” came into force on 1 January 2011 and replaced the Trade Practices Act 1974 and previous Commonwealth, state and territory consumer protection legislation. It is contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA) and is applied as a law of each state and territory by state or territory legislation.
Under the “ACL”, consumers have the same protections, and businesses have the same obligations and responsibilities, across Australia.
Australian courts and tribunals (including those of the states and territories) can enforce the “ACL”.
The regulators of the “ACL” are:
- the Australian Competition and Consumer Commission (ACCC), in respect of conduct engaged in by corporations, and conduct involving the use of postal, telephonic and internet services; and
- state and territory consumer protection agencies, in respect of conduct engaged in by persons carrying on a business in, or connected with, the respective state or territory.
Some of the consumer protection provisions in the ACL are mirrored in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) in relation to financial products and services. The Australian Securities and Investments Commission (ASIC) is responsible for administering and enforcing the ASIC Act.
The ACL aims to protect consumers and ensure fair trading in Australia.
There are consumer guarantees that shall apply automatically:
- for products these are:
- Acceptable quality o Products match the description
- Products match the description or sample
- Products shall be fit for purpose
- Title, possession and security
- Repairs and spare parts
- for services these are:
- Due care and skill
- Services will be fit for purpose
- Service shall be provided within a reasonable time
Under the Australian Consumer Law (ACL), products bought from an Australian business are automatically covered by consumer guarantees regardless of any other warranty.
If “You” identify a problem with a product that means it does not meet the consumer guarantee, “We” reserve the right to provide a ‘remedy’, such as:
- a refund
- a replacement
It shall be at “Our” discretion which type of remedy a consumer is entitled to depends on the nature of the problem (also known as a failure) and whether the problem is major or minor.
Consumer guarantees will not apply if a business buys goods to resell or transform into a product to sell.
MAJOR PROBLEMS WITH PRODUCTS
If there is a major problem with a product, the “Consumer” is entitled to return it and seek a remedy.
MINOR PROBLEMS WITH PRODUCTS
If there is a minor problem with the product that can be fixed within a reasonable time, “You” must give “Us” the chance to remedy the problem. The consumer’s rights to a remedy apply to the replacement product in the same way as the original product.
PRODUCTS SUPPLIED TO CONSUMERS
Products supplied to consumers are covered by guarantees that the:
- supplier has the right to sell the products (clear title)
- consumer has the right to undisturbed possession of the goods; that is, no-one can take them or prevent the consumer from using them unless they have a legal right to do so
- products are free from any undisclosed security, charge or encumbrance.
Products are supplied to consumers when they are sold, exchanged, re-supplied, let, hired or hirepurchased to consumers.
The automatic consumer guarantees from “Us” apply to:
New and second-hand products sold directly by “Us” to the “Consumer” claiming against the guarantee for products bought from “Our” business trading in Australia.
If you bought an item online from a private seller (not engaged in trade or commerce) please refer your complaint and claim to consumer guarantee directly to this selling party.
PRODUCTS SUPPLIED IN TRADE OR COMMERCE
Products are supplied in trade or commerce when they are sold, exchanged, leased, hired or hirepurchased as part of a trading or commercial relationship or a business or professional activity, including non-profit. Products bought from one-off sales by private sellers, such as those sold at garage sales and fêtes, may not be viewed as being ‘in trade or commerce’.
Products (including second hand products) supplied in trade or commerce to consumers are covered by the consumer guarantees and will comply with any express warranties (extra promises we give about the product).
Sometimes, when products do not work, do not do what they should, or are not what the “You” asked for, “We” may need to examine them in order to figure out what the problem is and what should be done.
Generally, it is the “Our” responsibility to return products to the manufacturer for repair. This may include products we sell that are under warranty. Cost associated with the return of the product to “Us” at our usual business premises, for the purpose of evaluation, shall be, at “Your” expense, without any claim to reimbursement from “Us”.
If “We” cannot arrange repairs (for example, because the manufacturer does not have the necessary parts) or cannot do so within a reasonable time, “We” may offer to:
- get a third party to repair the product and pay the associated costs
- offer “You” a refund or replacement.
RETURNING PRODUCTS FOR REPAIR
“We” request products be returned in their original packaging to ensure the Product/s are adequately protected against damage during shipping. “We” are not responsible for any costs associated with “Your” chosen shipping method, or damaged cause during the return of the product to “Us”. Following investigation and remedy, we may at “Our discretion replace or repack the packaging used to return the product/s where “We” deem it to be substandard to the original packaging and therefore poses potential for damage to occur to the product during shipping back to “You”. “You” agree to “Us” recovering these cost incurred from “You” for repackaging.
As a general rule, if the item can be posted or easily returned, “You” should cover the initial cost of returning faulty products to “Us” by tracked mail. “We” are not responsible for items “You” send that are not delivered to “Our” place of business. Consumers should keep the receipts for those costs because if the returned products are later confirmed to have a fault – whether major or minor – “You” maybe entitled to recover reasonable postage or transportation costs from “Us”.
When products with a major fault are too large, too heavy or too difficult to remove, because of the very nature of the fault, “We” will make arrangements with “You” as to how to handle the fault and any remedial action that maybe required. Do not move dangerous or fragile products without expert assistance, as doing so may cause addition damage not covered by your consumer rights.
PRODUCTS NOT COVERED
Products not covered under consumer guarantees include those:
- bought at auctions, where the auctioneer acts as an agent for the owner
- costing more than AU$40,000 and not of a kind ordinarily acquired for personal, domestic or household use or consumption
- acquired by a person for the purpose of on-selling or re-supplying
- acquired to be used, in trade or commerce, in the manufacture or production or repair of something else.
RIGHT TO RETURN PRODUCT
“Consumers” do not have a right to return a product if “You”:
- changed “Your” mind and no longer want the product
- ordered the wrong product
- find the product cheaper elsewhere
- find a better product elsewhere
- were aware of the relevant fault before buying the product
- damaged the product by misusing it
- use the product for a long time and the problem is as a result of usual wear and tear.
In some of these situations, “We” may still choose to offer a refund, exchange or credit note which we will assess on a case by case basis.
Unless otherwise stated in “Our” standard terms and conditions of sale and product cooling-off periods do not apply to direct instore purchases or purchases of perishable items. Unlike Mail Order/Telephone Order purchases or telephone marketing contracts, standard consumer purchases do not have an automatic ‘cooling-off’ period.
We” may refuse to remedy a product or service if “You” do not provide the original receipt of sale or invoice of sale, or other proof of purchase.
Before products are returned, “You” should contact “Us” so we can provide clear advice of any transport or inspection costs that apply if the item is not faulty. This will enable you to choose whether you wish to go ahead with that method of returning the products.
Failing to contact “Us” and clarify costs before returning an item shall not constitute a breach of ‘ACL’ on “Our” behalf to disclose such costs to “You”, nor an indication of “Us” acting in misleading or deceptive manner, especially where it denies you the opportunity to choose whether you wish to go ahead with returning the products.