With the last DVD player I bought, I specifically asked whether it would play region 1 (USA) discs, and was assured that it would. It does not. Now it turns out I would actually be entitled to a refund, even now, because by asking the question, region 1 capability became part of the terms of sale under "fitness for purpose". Unfortunately for me, I can't prove that I asked that question or got that answer.
Mokalus of Borg
PS - Next time I'm getting the answer in writing.
PPS - And taking a region 1 disc to test.
2 comments:
Have you actually tried to return the DVD player?
Because usually if you take it back and say 'I specifically asked if this played region 1 disks and was told that it would and it doesn't', usually they will make an exchange.
It comes under section 52 of the Trade Practices Act - misleading or deceptive conduct. They can't tell you one thing to make you buy it, and then not refund you or give you an exchange when you discover the truth.
Also, contracts (especially contracts for sale of goods) are permitted to be verbal. The fact that you made it clear that the purchase of the DVD player was on the condition that it was able to play region 1 discs is a condition of the contract. They have breached that contract, and therefore you are entitled to a remedy - eg. refund, exchange, etc.
That might be a bit more legal than you need, but my suggestion is to go in and tell them the story. If they refuse to exchange (or if you've already tried and been denied) start bandying about the words 'misleading and deceptive conduct', 'section 52 of the Trade practices Act' and 'ACCC'. It has worked before and will work again.
If you're still minded to make a bit deal about it, check out http://www.accc.gov.au/content/index.phtml/tag/ConsumersMakingAComplaint/, which gives you some tips and further steps you can take.
I have not tried to return the player to date, and I don't know if I'm inclined to make a big deal about it. I will, however, definitely remember this the next time I buy a DVD player. I may also bring you along for intimidation. ;)
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