Home Appliances Plus - 6 Months, still no product or contact.
Dear Tasmanian Office of Consumer Affairs and Fair Trading,
I have an outstanding order from Home Appliances Plus that has not been received and the business cannot be contacted.
30/03/22 Order number #48380 $956.97: Confirmation email received.
16/05/22 Received email from customer support (Bari) asking for shipping address, although it was already provided. Said that ''We will hold up the order until you provide a correct and valid address''.
04/06/22 - I replied to email with shipping address.
29/06/22 - I sent email asking for confirmation that the package was on its way and requested a tracking number.
04/07/22 - I sent email asking for a response to my delivery enquiry.
It is from this point on we started ringing them and constantly leaving voice messages with no response.
Yours faithfully,
Erica Davis
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Our team will endeavour to respond to your query within 7 days.
If you have an urgent enquiry, please call our Helpline (1300 654 499).
If your query relates to a bond matter, you may wish to check the status
of the bond on the Mybond Website, which is located here:
[1]http://www.consumer.tas.gov.au/renting/m...
Consumer Affairs and Fair Trading
Consumer Affairs Tasmania | Department of Justice | Tel. 1300 654 499
(Monday – Friday, 10am – 4pm except public holidays) |
[2]consumer.tas.gov.au
Dear Erica Davis
I refer to your enquiry to Consumer, Building and Occupational Services (CBOS) concerning a product purchased through Home Appliances Plus.
From the information received it appears that you purchased a product and yet to receive the funds or the product.
Under the Australian Consumer Law (ACL), when a business accepts your payment for product or service they must supply the to you within the timeframe stated, or if no time was specified, with a reasonable time.
Businesses must not accept payment for products or services if:
* They do not intend to supply them,
* They intend to supply materially different products or services,
* They know, or should have known, that they would not be able to supply the products or services within the timeframe indicated. Or if no timeframe was provided, within a reasonable time.
This part of the law is not intended to cover businesses who genuinely try to meet supply agreements, for example, if:
* The failure to supply was due to something beyond their control, including the act or omission by another person,
* They exercised due diligence and took reasonable precautions.
Currently CBOS is working with other State and Territory Consumer Law regulators investigating the company and as a result public warning has been issued by Western Australia. This may assist with your credit card charge back request.
https://www.commerce.wa.gov.au/announcem...
To assist with our investigation could you please provide me a copy of bank statement as a proof of transaction
If the payment was made with a credit card , you may have charge back rights with your credit card issuer. This means the credit card issuer may be able to reverse the transaction. Contact the credit card issuer straight away as there are conditions and time limits on making a chargeback claim.
Please note, although CBOS can review a matter and possibly take action, we do not have authority to provide with a financial order, or make them provide a remedy.
If a remedy or negotiation are not offered by the trader, even after a CBOS investigation a consumer may consider lodging a claim for compensation in the Minor Civil Court of the Magistrate Court, as they hear disputes involving the recovery of money. Legal representation is not required in the Minor Civil Court. A link to their website follows: https://www.magistratescourt.tas.gov.au/
More Information
Please visit the CBOS website for further information
https://www.cbos.tas.gov.au/topics/produ...
We trust this information will assist your enquiry
Kind regards
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
(incorporating Consumer Affairs and Fair Trading and Building Standards and Occupational Licensing)
Department of Justice
PO BOX 56 ROSNY PARK TAS 7018
e: [email address]
Dear Erica Davis
I refer to your complaint to Consumer, Building and Occupational Services
(CBOS) concerning a transaction with Home Appliances Plus.
We have been advised that Steel and Water Pty Ltd trading as Home
Appliances Plus has been wound up and the company placed in the hands of
the appointed liquidator SV Partners on 10 October 2022.
You may have rights as an unsecured creditor on the assets of the company.
We suggest you contact SV Partners to be included on their list of
unsecured creditors. Their details are:
Address : SV Partners, Level 3, 12 Short
Street, Southport QLD 4215
Contact person: Eva Mueller
Contact number: 07 5503 4970
Facsimile: 07 5503 4961
Email: [1][email address]
If you have not done so already, we suggest you contact your credit card
provider immediately and request your transaction be reversed.
While the Director of Consumer Affairs and Fair Trading (TAS) (the
Director) is able to investigate and take action in relation to breaches
of relevant legislation, we are unable to recover debts on behalf of
complainants. In any case, this is now further complicated with the
collapse of the underlying legal entity behind Home Appliances Plus. The
role of CBOS is to ensure compliance with a range of pieces of marketplace
legislation, and we will take appropriate enforcement action against
traders who breach the law.
Our investigation may lead to a trader being prosecuted for breaches of
fair trading laws, and we may seek compensation for affected consumers as
part of this process. However, this only occurs in limited circumstances
and only a Court or Tribunal has the power to order a trader to pay
compensation. We assure you we will continue to investigate whether Home
Appliances Plus has breached the legislation, and if so, we will take
appropriate enforcement action if possible.
We trust this information is of assistance to your queries.
Kind regards
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
[2]Logo Description
automatically (incorporating Consumer Affairs and Fair Trading and
generated Building Standards and Occupational Licensing)
Department of Justice
PO BOX 56 ROSNY PARK TAS 7018
e: [3][email address]
w: [4]www.cbos.tas.gov.au
[5]cid:image008.png@01D6CEB9.F3E808B0