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Consumer Protection Call Centre | Department of Consumer & Employment Protection
B Ground Floor, 219 St Georges Tce Perth WA 6000
The email I received from them before. I didn't return the phone, just wanna change to a different model. Three won't allow me to do that. Then I made a formal complain to comsumer protection, they gave me a reference number and three cumstomer service number (in Australia).
Dear XXXXXX
Thank you for your email.
You have contacted the Department of Consumer Protection in the state of Western Australia. Consumer Protection may be able to provide assistance:
- where there is a dispute between a consumer and a trader about a contract for goods/services.
- the contract for goods/services is for private use
- contract was formed in Western Australia
- with a Western Australian business.
Consumer Protection can assist you with your claim of a faulty handset if the phone was purchased outright. If the phone was purchased on, or tied to a contract you may wish to contact the Telecommunications Industry Ombudsman on 1800 062 058. The TIO is an independent dispute resolution service set up to take complaints against telephone and internet service providers.
If the product was purchased outright, you may be entitled to a remedy.
A customer can return goods for a remedy if:
· The item has a fault that wouldn't normally be detected at the time of purchase;
· The item is not the same as described by the salesperson, or on a label or sign, or in an advertisement, or does not match the sample shown;
· The item is not suitable for the customer's intended use as described to the sales person before the purchase.
If a consumer returns an item that is subsequently proven to be faulty they have a right to a remedy of a repair or a replacement or a refund. Where it is possible to return any item in a dispute to full merchantability by repair, traders in the first instance should be given reasonable time to effect the repairs. If that is not achievable, due to the nature of the fault or due to the lack of response from the trader, then consumers are advised to seek a replacement or a refund.
A consumer has no right to remedy if they have merely, changed their mind, found a cheaper item elsewhere, or their negligence has caused damage to the product.
What settlement the customer receives depends on what is fair and reasonable. If the consumer believes that the remedy offered by the trader is not fair and reasonable, Consumer Protection may be able to offer assistance or the consumer may go straight to the Magistrates Court.
To lodge a formal complaint with the Department the procedure is to write to the trader concerned and clearly outline the situation and what has happened to cause concern, include what you would like the outcome to be. Request a written response within 10 working days.
Should you receive no response or a negative response you may lodge a formal complaint with our Department. This is done by completing a complaint form that can be obtained by contacting our Consumer Protection Call Centre on 1300 30 40 54 between 8:30 am and 5:00 pm Monday to Friday or by printing and posting in the attached form.
Once the complaint form is lodged we will then endeavour to conciliate with the trader on your behalf.
I have enclosed a copy of Your Rights When Shopping and a Consumer Complaint Form.
If you have any further queries you are welcome to contact our Call Centre on 1300 30 40 54, Monday to Friday, 8.30am - 5pm. |
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