Purchase of a birthday gift from Home Appliances Pus https://www.homeappliancesplus.com.au/
Dear Tasmanian Office of Consumer Affairs and Fair Trading,
I made a purchase in April for a toy fire truck from the merchant mentioned above.
Having not received the order by mid May I opted for a refund. A refund was promised. Have had no further correspondence since.
I made my purchase through Afterpay. This platform is unable to refund my money,
Could you please contact me to discuss further.
Yours faithfully,
Mihaela Kaskaniotis
This is an automatically generated response. Please do not reply to this
email.
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 Mihaela Kaskaniotis
From the information received it appears that you have paid Home
Appliances Plus for goods of which you have not supplied.
It appears the matter you have described is one CBOS can pursue further,
as under the Australian Consumer Law (ACL) , when a business accepts your
payment for product or service they must supply them 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.
After numerous attempts, CBOS have formally contact Home Appliances Plus
on their obligations under the ACL and they have establish dedicated
refund email address. You may use [1][email address]
for email refund requests.
If you do not receive a response or their response is not satisfactory,
please forward the correspondence and all documentation on this matter to
myself for further review. Please use reference number CE/22/1376
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:
[2]https://www.magistratescourt.tas.gov.au/
More Information
Please visit the CBOS website for further information
[3]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
[4]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: [email address]
w: www.cbos.tas.gov.au
[5]cid:image008.png@01D6CEB9.F3E808B0
Dear Mihaela Kaskaniotis
I refer to your enquiry to Consumer, Building and Occupational Services
concerning a refund from Home Appliances Plus
Could you please advise whether you received a response or update or
whether any remedy has been offered.
After numerous attempts, CBOS have formally contact Home Appliances Plus
on their obligations under the ACL and they have establish dedicated
refund email address. You may use [1][email address]
for email refund requests.
I look forward to hearing from you in due course.
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: [email address]
w: www.cbos.tas.gov.au
[3]cid:image008.png@01D6CEB9.F3E808B0
From: Wanniarachchi, Thilini
Sent: Wednesday, 13 July 2022 11:16 AM
To: Mihaela Kaskaniotis <[FOI #9115 email]>
Subject: HPE CM: CE/22/1376 CBOS response regarding Home Appliances Plus
Dear Mihaela Kaskaniotis
From the information received it appears that you have paid Home
Appliances Plus for goods of which you have not supplied.
It appears the matter you have described is one CBOS can pursue further,
as under the Australian Consumer Law (ACL) , when a business accepts your
payment for product or service they must supply them 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.
After numerous attempts, CBOS have formally contact Home Appliances Plus
on their obligations under the ACL and they have establish dedicated
refund email address. You may use [4][email address]
for email refund requests.
If you do not receive a response or their response is not satisfactory,
please forward the correspondence and all documentation on this matter to
myself for further review. Please use reference number CE/22/1376
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:
[5]https://www.magistratescourt.tas.gov.au/
More Information
Please visit the CBOS website for further information
[6]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
[7]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: [8][email address]
w: [9]www.cbos.tas.gov.au
[10]cid:image008.png@01D6CEB9.F3E808B0
Dear Wanniarachchi, Thilini,
Thank you for contacting me.
I have not received any correspondence or offer to be reimbursed.
Yours sincerely,
Mihaela Kaskaniotis
Dear Mihaela Kaskaniotis
I refer to your email dated 11 July 2022. Could you please advise if you
are able to recover the money though credit card charge back. Otherwise ,
you may forward all documentation you have on this matter ( order,
invoice, receipt, correspondence etc) to us for further review. Please use
reference number CE/22/1376.
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
[1]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: [email address]
w: www.cbos.tas.gov.au
[2]cid:image008.png@01D6CEB9.F3E808B0
Dear Wanniarachchi, Thilini,
I am unable to recover the funds through credit card charge back, as I made my payments through Afterpay.
Afterpay has been able to assist and have directed me lodge a formal complaint with Fair Trading.
I will forward all correspondence available to you.
Yours sincerely,
Mihaela Kaskaniotis
Good Afternoon
I refer to your enquiry to Consumer, Building and Occupational Services
(CBOS) concerning a product purchase through Home Appliances Plus.
I appreciate your patience regarding this matter and as advised earlier
currently CBOS investigation this company under the Australian Consumer
Law (ACL)
To assist with our investigation could you please provide me a copy of
bank statement as a proof of transaction.
If you were able to recover the money through credit card provider or the
business please advise.
Could you please provide this information as a matter of urgency.
Kind regards
Thilini Wanniarachchi| Audit and Compliance Officer
Consumer, Building & Occupational Services
[1]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: [2][email address]
w: [3]www.cbos.tas.gov.au
[4]cid:image008.png@01D6CEB9.F3E808B0
Dear Wanniarachchi, Thilini,
I am happy to provide proof of purchase, however I do not know how to attach through this platform.
Awaiting your reply
Yours sincerely,
Mihaela Kaskaniotis
Dear Mihaela
If you are able to go to the correct bank statement and share it with my email address. Otherwise you have to save it and share it with my email address.
Thank you
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 Wanniarachchi, Thilini,
Could you please confirm your email address
Yours sincerely,
Mihaela Kaskaniotis
Hi
Thank you
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 Wanniarachchi, Thilini,
Unfortunately, your email address must be automatically blanked out. The link takes me to a page which explains the reason why emails are blanked out.
I am happy to reply if you email me directly.
Yours sincerely,
Mihaela Kaskaniotis
Dear Mihaela Kaskaniotis
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.
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: [email address]
w: www.cbos.tas.gov.au
[3]cid:image008.png@01D6CEB9.F3E808B0