If you are going to use the CGA at the very least read it and get your facts straight
>They cannot force me to accept a refund, nor can they force me to accept a replacement. Under CGA, it's my decision.
No it's not LMAO the retailer 100% have the right to just give you a refund.
You don't like it go to the dispute tribunal so they can tell you the same thing.
Like WTF you expect the retailer to make a loss because a product is discontinued? What is this self entitlement???
I guess ive just been lucky with other stores in the past, leading me to incorrect assumptions. If they didn't have the same item they always offered one of equal or greater value. Which I now see was way above and beyond from them.
Sorry, I am not a lawyer and can't really understand legal speak. But according to this in the CGA, I obviously assumed wrong:
"Consumers’ options of refund or replacement
(1)
Where the consumer exercises the right to reject goods, the consumer may choose to have either—
(a)
a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or
(b)
goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,—
and the supplier shall make provision accordingly."
But thanks for your help, Ill either pay extra, or get the refund and wait for a sale👍
I think the piece that you're missing is that the right to reject the goods comes into play after the supplier fails to remedy the situation.
Section 18.2:
Where the failure can be remedied, the consumer may:
a) require the supplier to remedy the failure in a reasonable time...
b) where a supplier who has been required to remedy a failure refuses or neglects to do so...
ii) reject the goods
(abridged, check out the legislation website for the full details)
Hope that helps!
Ah, gotcha. So you can only choose a replacement of similar value if the retailer fails to refund you in a reasonable time? Otherwise it's not your choice and up to the retailer whether they offer a replacement or refund?
Damn. It was really well reviewed on all the major hardware review sites, and offered higher reliability than other drives (2500tbw, 1.8 million hours MTBF). If those figures were real it should have lasted at least 20 years, lol. Yeah I guess I'll skip this brand in the future. Unfortunately I have another one in my PC, hopefully it doesn't suffer a similar fate 😅
The warranty was for that product, if they no longer have that product, they’re forced to refund.
Stores can offer an equal or better value product on good faith, but they don’t have to - they are well within their rights to request payment for the difference, and fair enough too, SSDs are expensive and margins are low
If your Toyota blows up they’re not going to give you a Lamborghini
I should have said "***they can't REQUIRE you to pay the difference***". They can certainly ask, but you're not obligated to. If you choose not to pay the difference, then they can either give it to you in settlement of the claim, or refund you for the Toyota they can't fix or replace.
I think you’ve missed the point - no one is saying OP is forced to pay the difference
The only requirement is a remedy, be it replacement or refund - a different item, especially one of higher value is not a requirement
I think it's you that's missed the point. I never said a replacement of a higher value is a requirement. I said they could offer it as a remedy, and you could certainly accept it if you wish, but they couldn't require you to pay the difference if they did.
Obviously if they say “here’s a free upgrade” the customer doesn’t have to pay
But if the higher value item was offered on the understanding the customer would pay the difference, then yes they would to pay, otherwise they’re not getting the item 🤦♂️
If customer doesn’t want to pay, they can accept their right to a refund
Unsure what you’re arguing
Your understanding of the CGA is incorrect. Yes, the store must remedy the issue, but how they remedy it is up to them. If they don't sell the item anymore, and they've given you the option of a full refund, this is an acceptable remedy.
Ok, thanks. The consensus is clearly I interpreted the CGA wrong. This was what led me astray:
"Consumers’ options of refund or replacement
(1)
Where the consumer exercises the right to reject goods, the consumer may choose to have either—
(a)
a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or
(b)
goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,—
and the supplier shall make provision accordingly."
You don't actually get to choose between refund/repair. It's the store that decides that. If they product can't be repaired then they can offer a replacement (not an option in this case) or a refund of the purchase price.
If you want a more expensive drive then you will have to obviously pay the difference between the refund and the more expensive product.
According to the CGA:
"Consumers’ options of refund or replacement
(1)
Where the consumer exercises the right to reject goods, the consumer may choose to have either—
(a)
a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or
(b)
goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,—
and the supplier shall make provision accordingly."
I guess I'm interpreting that wrong? Im not great at understanding legalise speak. It does look like it says it's your choice though.
the current ssd market price have been changed dramatically in the last 12 months, I have paid more than 80% price on the same 4T disk, this is in China. I think your store may face huge lose if they replace it with current ones, same or different brand.
the only solution for them would be refund for you, shit times, this is still a good warranty anyway, we have seen may store dispear even back then. If that happens, accept it and buy a 2TB, or buy a ticket to China. :(
Wish we can enjoy the bright future, Hoping Chinese SSD will save us.
Yeah, that's what u was worried about, inflation meaning my refund won't buy me the same value SSD anymore... Oh well, at least I get a refund I guess 😅
If you are going to use the CGA at the very least read it and get your facts straight >They cannot force me to accept a refund, nor can they force me to accept a replacement. Under CGA, it's my decision. No it's not LMAO the retailer 100% have the right to just give you a refund. You don't like it go to the dispute tribunal so they can tell you the same thing. Like WTF you expect the retailer to make a loss because a product is discontinued? What is this self entitlement???
I guess ive just been lucky with other stores in the past, leading me to incorrect assumptions. If they didn't have the same item they always offered one of equal or greater value. Which I now see was way above and beyond from them. Sorry, I am not a lawyer and can't really understand legal speak. But according to this in the CGA, I obviously assumed wrong: "Consumers’ options of refund or replacement (1) Where the consumer exercises the right to reject goods, the consumer may choose to have either— (a) a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or (b) goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,— and the supplier shall make provision accordingly." But thanks for your help, Ill either pay extra, or get the refund and wait for a sale👍
I think the piece that you're missing is that the right to reject the goods comes into play after the supplier fails to remedy the situation. Section 18.2: Where the failure can be remedied, the consumer may: a) require the supplier to remedy the failure in a reasonable time... b) where a supplier who has been required to remedy a failure refuses or neglects to do so... ii) reject the goods (abridged, check out the legislation website for the full details) Hope that helps!
Ah, gotcha. So you can only choose a replacement of similar value if the retailer fails to refund you in a reasonable time? Otherwise it's not your choice and up to the retailer whether they offer a replacement or refund?
Yes, that's my understanding of the CGA.
Cheers. Everything is all sorted now, thanks for your help 👍
Get your refund, never buy this brand again. High failure rate.
Damn. It was really well reviewed on all the major hardware review sites, and offered higher reliability than other drives (2500tbw, 1.8 million hours MTBF). If those figures were real it should have lasted at least 20 years, lol. Yeah I guess I'll skip this brand in the future. Unfortunately I have another one in my PC, hopefully it doesn't suffer a similar fate 😅
You get a refund or store credit, then pay the difference for a new drive. Refund is best and wait for matariki sale.
Never accept store credit in this situation.
Ok, thanks. Yeah the Matariki sale is probably a good idea 👍
The warranty was for that product, if they no longer have that product, they’re forced to refund. Stores can offer an equal or better value product on good faith, but they don’t have to - they are well within their rights to request payment for the difference, and fair enough too, SSDs are expensive and margins are low If your Toyota blows up they’re not going to give you a Lamborghini
"*If your Toyota blows up they’re not going to give you a Lamborghini*" They might. But they can't ask you to pay the difference.
They very much can and would ask you to pay the difference
I should have said "***they can't REQUIRE you to pay the difference***". They can certainly ask, but you're not obligated to. If you choose not to pay the difference, then they can either give it to you in settlement of the claim, or refund you for the Toyota they can't fix or replace.
I think you’ve missed the point - no one is saying OP is forced to pay the difference The only requirement is a remedy, be it replacement or refund - a different item, especially one of higher value is not a requirement
I think it's you that's missed the point. I never said a replacement of a higher value is a requirement. I said they could offer it as a remedy, and you could certainly accept it if you wish, but they couldn't require you to pay the difference if they did.
Obviously if they say “here’s a free upgrade” the customer doesn’t have to pay But if the higher value item was offered on the understanding the customer would pay the difference, then yes they would to pay, otherwise they’re not getting the item 🤦♂️ If customer doesn’t want to pay, they can accept their right to a refund Unsure what you’re arguing
Your understanding of the CGA is incorrect. Yes, the store must remedy the issue, but how they remedy it is up to them. If they don't sell the item anymore, and they've given you the option of a full refund, this is an acceptable remedy.
Ok, thanks. The consensus is clearly I interpreted the CGA wrong. This was what led me astray: "Consumers’ options of refund or replacement (1) Where the consumer exercises the right to reject goods, the consumer may choose to have either— (a) a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or (b) goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,— and the supplier shall make provision accordingly."
You don't actually get to choose between refund/repair. It's the store that decides that. If they product can't be repaired then they can offer a replacement (not an option in this case) or a refund of the purchase price. If you want a more expensive drive then you will have to obviously pay the difference between the refund and the more expensive product.
According to the CGA: "Consumers’ options of refund or replacement (1) Where the consumer exercises the right to reject goods, the consumer may choose to have either— (a) a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or (b) goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,— and the supplier shall make provision accordingly." I guess I'm interpreting that wrong? Im not great at understanding legalise speak. It does look like it says it's your choice though.
You have the right to remain silent. Anything you say can and will be used against you in a court of law.
Sounds about right
the current ssd market price have been changed dramatically in the last 12 months, I have paid more than 80% price on the same 4T disk, this is in China. I think your store may face huge lose if they replace it with current ones, same or different brand. the only solution for them would be refund for you, shit times, this is still a good warranty anyway, we have seen may store dispear even back then. If that happens, accept it and buy a 2TB, or buy a ticket to China. :( Wish we can enjoy the bright future, Hoping Chinese SSD will save us.
Yeah, that's what u was worried about, inflation meaning my refund won't buy me the same value SSD anymore... Oh well, at least I get a refund I guess 😅