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Australian Consumer Law - How it is relevant to the eSports community
Nov 03 2011 08:11 PM | Goob_Scooper in Articles
On 1 January 2011, the Competition and Consumer Act 2010 came into full effect, and with it the "Australian Consumer Law" (ACL) effectively went LIVE.Although this legislation is obviously more significant to business, in essence it is still law which is designed to protect average Australian consumers against unfair and unjust practices. The laws are standardised across Australia, so no matter where you are gaming from, they are relevant to you.
The ACL contains a lot of regulations, but most relevant to the Australian eSports community is a the new system of guarantees on which consumers can rely when buying goods and services. Essentially, the application of the legislation to us is:
What are my "rights" when a new piece of hardware / software breaks or doesnt work?
This article focuses on the consumer "guarantees" provided under the ACL. Dependant upon the situation other "rights" under the legislation (ie in relation to misleading or deceptive business practices) may apply - however I have not addressed these.
Who provides the guarantees? (ie Who can I get to fix my problem?)
The guarantees apply to "suppliers" and "manufacturers" of goods to consumers. It is important to note that they apply REGARDLESS of any warranty or guarantee provided by the supplier or manufacturer.
A common response from computer parts manufacturers is:
"Im sorry your [Graphics Card/ HDD / Computer] is out of warranty. You will have to pay [$ exorbitant amount] to get it fixed or replaced"
or
DONT BE FOOLED!
The guarantees under the ACL exist regardless of the warranty or anything said or done by the supplier or manufacturer. You can't run away from us now dodgey computer salesperson...
HOWEVER - not everyone provides these guarantees, only:
- A 'Supplier" - who is anyone,including a trader, a retailer or a service provider who, in trade or commerce, sells goods or services to a consumer.
- A "Manufacturer" - who is a person or business that makes or puts goods together or has their name on the goods. It includes the importer, if the maker does not have an office in Australia.
What are the guarantees?
The guarantees that are most likely to be relevant to gamers are:
- guarantee that goods are of acceptable quality when sold to a consumer
- guarantee that goods will be reasonably fit for any purpose the consumer or supplier specified
- guarantee that their description of goods is accurate and that the goods will match any sample or demonstration model and any description provided
- guarantee that the goods will satisfy any extra promises made about them (express warranties)
I bought a computer for $3,000 18 months ago. Recently the motherboard fried itself (no fault of my own). I tried to return the computer to get fixed, however the retailer said that it was outside the 12 mont warranty period, so I would have to buy a new motherboard.
What can I do?
Spoiler
Reasonably fit for purpose
The computer salesman told me that a 400W PSU would be enough for my Quad-SLI setup. I have talked to the guys at Delta Brotherhood, and it is clear that the power supply is not powerful enough. I have tried to take it back to get a refund, however the computer shop refuses to give me a refund, pointing to the sign that says "No refund for change of mind".
I am a poor uni student who can't afford another PSU... please help!
Spoiler
Match Description
I ordered a black monitor online to go with the rest of my polished black gaming rig. It arrived in the post however, although it is the correct model, it is a gay white colour! I will be the laughing stock of all my gaming buddies if they see this mismatching item.
(db]] help me save my gaming cred!
Spoiler
Express warranties
The computer store provided me with a booklet that says my new "super-slippery" gaming grade mouse pad could take 5 years of constant use before it wears out. After 6 months the "slipperyness" is gone. I miss slippery...
Spoiler
Remedies
If goods fail to meet a guarantee, a consumer will have rights against the supplier and, in some cases, the manufacturer, who will have to provide a ‘remedy’ – an attempt to put right a fault, deficiency or failure to meet an obligation.
When the problem is minor, the supplier can choose between providing a repair or offering the consumer a replacement or a refund.
When there is a major failure, the consumer can:
- reject the goods and choose a refund or a replacement, or
- ask for compensation for any drop in value of the goods
This is only a basic summary of the relevant sections of the ACL.
Further information can be found at: http://www.consumerlaw.gov.au
Disclaimer: The above should not be taken to be legal advice. You should always seek specific advice which takes into account your specific situation. In addition the above summary does not set out many of the "exceptions" to the general rule and other technical information.
Nice one, good to know where I stand. <3 Goob
Very interesting indeed, cheers!
ooo nice write-up goob, will def forward this to people, is the express warranties spoiler broken?
It's wrong I just consulted my mate who's been with his firm for like 4years now and he's stated you've quoted many things incorrectly, namely baseless internet 'fact-finding' misinformation.
Spoiler
Excellent write up, Thank you.
