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Kids.com.au?

sasha

Top Contributor
http://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund

You can ask for a refund if the problem with the product is major.


What is a major problem?

A product or good has a major problem when:

it has a problem that would have stopped someone from buying it if they’d known about it
it is unsafe
it is significantly different from the sample or description
it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.
A service has a major problem when:

it has a problem that would have stopped someone from buying it if they’d known about it
it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
it creates an unsafe situation.
 

sasha

Top Contributor
'No refund' - It is against the law for businesses to tell you that they do not give refunds under any circumstances, including for gifts and during sales.

Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve got from a business have expired.
 

findtim

Top Contributor
sasha is right, my client actually stated all that to a business in melbourne and they said " go for it..... company policy is we don't give refunds" , so i rang them and said "mate mate mate com on, nudge nudge, just give us the money and we will go away........."

and he said " no.... go for it, we don't give refunds "

so now my client has to go through the process, maybe they think people just won't ?

tim
 

sasha

Top Contributor
You can ask for a refund if the problem with the product is major.

1. the problem is that its klds and NOT kids - which would have stopped ANYONE from buying it if it wasn't misrepresented

2. its klds and NOT kids - it is significantly different from the description

3. it is substantially unfit for its common purpose
 

Bacon Farmer

Top Contributor
"I haven't paid, but they're not retracting the bid, and issued the final invoice, stating that if I don't pay, it'll be passed onto collection agencies."

C'mon Netfleet this isn't the way you want to operate is it?

How about you come to an agreement with a non disclosure clause.
 

findtim

Top Contributor
How about you come to an agreement with a non disclosure clause.

how about they just accept a mistake was made by both parties and call it a draw, give NF $50 for the trouble, let the domain drop in 2 years time and move on.

i wonder when utube is coming back ????

tim
 

Bacon Farmer

Top Contributor
That's what I'm suggesting but with a non disclosure clause so that this type of situation doesn't become a daily issue for buyers with remorse which would stuff the auction system.

What mistake did NF make?
 

nt81

Top Contributor
Mistake? More like deliberately Misleading?

In any case, there is consumer law for a reason. The issue was identified on here and people have asked NF to fix their shit several times.
 

Ashman

Top Contributor
"I haven't paid, but they're not retracting the bid, and issued the final invoice, stating that if I don't pay, it'll be passed onto collection agencies."

C'mon Netfleet this isn't the way you want to operate is it?

How about you come to an agreement with a non disclosure clause.

This is what I would do:

1. Don't Pay the invoice.
2. Let them send to a Collection Agency.
3. When the Collection Agency contact you, explain to them you do not accept the debt and advise them you attempted to settle the dispute under consumer law but were refused. Also state that you will defend the matter if they issue you a summons.
4. If they issue a summons defend the matter.
5. There is no way Netfleet can win.
6. Once you defend the matter and you will win, counter sue Netfleet for costs and take them to the cleaners!
 

Bacon Farmer

Top Contributor
Mistake? More like deliberately Misleading?

In any case, there is consumer law for a reason. The issue was identified on here and people have asked NF to fix their shit several times.

Didn't the guy that bought it misread an "l" for an "i"?

Wasn't it - Klds not Kids? Which means in the first instance it's his mistake not NF's. If it was in all lowercase then it would have been klds vs kids. So the suggestion that listings be in all lowercase would not have helped.

I'm not arguing that there shouldn't be negotiated settlement or a genuine mistake bid retraction option though. I'm just pointing out some facts.
 

nt81

Top Contributor
The question is : Would he have bid on it if he was able to CLEARLY see that an "L" wasn't an "I".

And the answer is no, he wouldn't have bid. Would you? :)
 

Bacon Farmer

Top Contributor
You can make up any question you like but in this case the buyer made a mistake. It's unfortunate but he did.

Your attempt to make out it's a font issue mistake by NF is wrong.
 

Ashman

Top Contributor
Why did Netfleet promote this domain to the front page in the first place? It's a crap LLLL. When have Netfleet promoted a LLLL in the past? Probably never.

I think they knew it would have been misinterpreted but just wanted in cash in.
 

Shane

Top Contributor
This is getting a bit out of hand...

I feel for the guy who bought the domain, but ultimately he is the one who made the mistake.

If so many people were misled by the listing, surely the winning bid would have been a lot higher than $1,500? You know I'm right.

Investing in domain names isn't the same as buying groceries. You need to be diligent and do your own research before bidding. This includes looking very closely at the spelling of a domain...
 

nt81

Top Contributor
You can make up any question you like but in this case the buyer made a mistake. It's unfortunate but he did.

Your attempt to make out it's a font issue mistake by NF is wrong.

Relevant username, ignorant pig :cool:

This isn't the first time that this has happened and it won't be the last. NF don't care to clarify the upper/lower case issue.
 

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