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ADELAIDE.GUIDE

Community, Business and Visitor Guide

Consumer Guarantees Online Checkout and Parcel Delivery The Facts

Unlike the humble postie who is paid by the hour the contractor is paid by the parcel so dropping cards in the letter box without attempting delivery is less time consuming therefore more profitable.
Auspost treats every complaint as an individual once you get your parcel the case is closed because of this Auspost refuses to acknowledge the problem exists.
Consumers however are being misled by propaganda the media mentions card dropping without delivery attempt, but reports are confined To Auspost.
Auspost is a government owned corporation and profits off consumers who are in the most part also voters being denied their consumer guarantees.
Online vendors also deny any accountability when approached about the problem.
So I would like to propose a campaign that involves more than a written article it would need public support.
Attached is a photo sent to me by Auspost that was submitted by driver to show he could not gain access claiming it was a gate so I am assuming the driver must provide some sort of evidence as to why the parcel was not delivered the photo on the bottom submitted by me shows it is not a gate but the end of a car port
So if delivery is not attempted call 131318 make a complaint and ask for driver evidence of non access and get a case number, now we get to consumer guarantees the most important is the vendor checkout their they accept payment for a delivery service and they must supply that delivery service as stated in the consumer guarantee below.
Your rights: non-delivery
If you pay a business for a product or service, that business must supply you when it said it would. It's illegal for a business to accept payment for products or services they don't intend to supply. If you didn't agree when the business would supply you, the business must ensure delivery within a reasonable time. Businesses must also supply you with the product or service that you agreed to buy, not something different.
If a business can't supply you as agreed, you're entitled to a refund. The business can offer to fix the problem by offering replacement products or services but it's up to you whether you agree to accept them.
Businesses should take reasonable steps to avoid problems with supply. However, this part of the Australian Consumer Law may not apply where a business has genuinely tried to supply as agreed, but can't due to circumstances that are unforeseen or beyond their control.
Although the vendor will try to deny any responsibility it will make him pay attention. And they will also be breaking another consumer guarantee.
Your rights: accurate information
The Australian Consumer Law provides consumers with the right to truthful and accurate
representations when buying a product or service. This means that businesses must not mislead you
with statements that are incorrect or likely to give you the wrong impression. This rule applies to
information that a business provides you in any medium, including when talking to a sales
representative, on packaging, in online shopping forums or social media.
Im Not suggesting that it would be easy to get a refund for freight costs from the vendor the idea is for the consumer to let the vendor know he can be held accountable for improper delivery.
The consumer has no success complaining to Auspost but the vendor does not want the expense of fighting multiple claims of not supplying the delivery service paid for at the on line checkout and will put pressure on Auspost to rectify the situation I did it with one vendor on my last purchase it worked wonders unfortunately I am quite sure they have not made this common practice with all their customers and are keeping it quiet. We need to complain to the vendor about non attempted delivery send them a copy of consumer guarantees provided here and ask them for a refund on freight charges. Vendors I believe will react strongly. Consumer education and involvement is all that is required
All information used was provided to me by the ACCC.
When I asked if a vendors terms and conditions override consumer guarantees they sent me this.
Thank you for writing to us about Australia Post. We have recorded the details of your report. We can offer you information about your consumer rights and terms and conditions regarding contract agreements.
Contracts
When you buy products or services from a trader, you are entering into a contract. Before you do, make sure you understand what you are agreeing to.
A contract is an agreement made between two or more parties that is legally enforceable. Contracts can be written or verbal. A contract arises when one party makes an offer and the other party communicates an intention to accept it. You could be entering a contract by signing a document, paying for a product in store, or clicking an ‘I agree’ button online.
Contracts have terms and conditions that set out each party’s rights and responsibilities. Make sure you read and understand these before you accept. If you are unsure, seek legal advice.
It is unlawful for businesses to force or coerce you into entering a contract.
Ending a contract
If you cancel a contract early, you may have to compensate the other party. You might be able to cancel without penalty if the other party breaks an important contractual term. The Australian Consumer Law also allows you to cancel a contract without penalty if:
• the seller misrepresented the products, services, terms or conditions
• a service does not meet a consumer guarantee
• a cooling-off period applies.
You are automatically entitled to a cooling-off period when a business approaches you to sell you something (often through telemarketing or door-to-door sales).
However this automatic cooling-off period does not apply to business contracts for goods or services not usually for personal domestic or household use or consumption.
Unfair contract terms
While you may have the opportunity to negotiate before you agree, it is common for you to be offered the same or a similar contract as everyone else. This is known as a standard form contract (a take it or leave it contract). There are laws to protect you from unfair contract terms in certain standard form consumer and business-to-business contracts where you have little or no opportunity to negotiate with the trader. If a court finds a term to be unfair, the term might be void.
For instance, excessive penalties in standard form consumer and business-to-business contracts could be considered an unfair contract term.
Consumer guarantees
Consumer guarantees apply no matter how you engage with a business. When a product or service does not meet a consumer guarantee, you are entitled to a repair, replacement or refund.
I have been complaining to Auspost since 6 August 2022 and have learned there is a culture of disregard for consumer rites entrenched in all levels of Auspost I believe this is the only way to shake them up. I hope for the sake of the Australian consumer you will give this matter serious consideration.
If interested I have more information available.
mhelfand@internode.on.net            Phone Mick 0458777130

Driver used 27Oct and 10 Nov

Right is photo 2 Driver used 27Oct and 10 Nov Claiming it was a gate and couldn't gain access.

Mick Helfand Photo

Below is photo submitted by me clearly showing there is access around it.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

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