For the Australians still waiting and those frustrated with the service received
Ignore the people that want to convince you that extended wait times without any update aren't an issue, under Australian Consumer Law you have a number of protections and guarantees and Fanatec are not meeting their obligations. Not just for black friday, they already had their reputation for being slow to react, not communicating, and deceptive advertising.
The company isn't going to improve their processes out of the goodness of their heart. Their hand will need to be forced. The most effective way? Lodge a complaint with the ACCC. You also have the International Consumer Protection and Enforcement Network (ICPEN). They will not resolve your individual issue, but they will investigate and ensure compliance so this is not repeated.
Where do your protections come into effect?
Reasons for not receiving a product or service
If a consumer hasn’t received a product or service they paid for, there are several possible explanations.
Beyond the business’s control
There may be issues beyond the business’s control and which they didn’t know about when the consumer purchased the product or service. For instance, in the case of products, there may be unexpected delays in receiving products or components from suppliers, or postal delays. In the case of services, there may be something like weather preventing the business from providing the service.
If the problem is due to something beyond the business’s control, which they didn’t know about when the consumer purchased the product or service, the consumer should give the business a chance to provide a solution. In the case of products, this may include the business providing a refund or replacement. In the case of services, this may include a refund for the portion of time the consumer can't access the service, or a replacement service.
However, businesses do not have to give replacement services or refunds under the consumer guarantees if the actions of a third party prevented them from supplying their services. For instance, when businesses were prevented from supplying their services due to government restrictions in response to COVID-19. In this situation, consumers’ right to a refund or replacement will generally depend on the terms and conditions of the agreement for supply of the service.
If a business is aware of an issue outside of their control which they know will delay them supplying any of their products or services, the business needs to make sure they provide clear and accurate information to consumers about:
- stock or service availability
- the likely timing of production and delivery, or service supply
- what solutions they will provide if they can’t supply the product or service on time or within a reasonable time.
Businesses should also be proactive in updating customers about any delays that arise after they have bought a product, and what steps the business is taking to help customers.
Accepting payment without intending to supply
The business may have promised a product or service that they knew they couldn’t supply or didn’t intend to supply.
Under the Australian Consumer Law, businesses must not accept payment for products or services if:
- they don’t intend to supply the product or service
- they intend to supply different products or services from those promised
- they know, or should know, that they won’t be able to supply the products or services by the promised date, or within a reasonable time.