Dispute Policy
Purpose
The purpose of this policy is to inform you of your rights, obligations and what to do when you have a dispute with Essential Appliance Rentals Pty Ltd.
Terms
- ‘Dispute’ means a complaint and ‘Complaint’ means dispute.
- ‘Us’, ‘we’, ‘our/s’ means Essential Appliance Rentals Pty Ltd
- ‘You’, ‘your’ means the Customer.
Our commitment
Essential Appliance Rentals Pty Ltd will endeavor to resolve all disputes in a timely fashion and in accordance with this policy.
We recognise your right to make a complaint and will treat all complaints objectively and fairly.
Essential Appliance Rentals Pty Ltd is committed to providing its customers with the best possible service. We have an internal dispute resolution procedure and we are also a member of an Australian Securities and Investments Commission (ASIC) approved external dispute resolution scheme, Australian Financial Complaints Authority (AFCA). Both are readily accessible at no cost.
We encourage our customers to contact Essential Appliance Rentals Pty Ltd directly to raise any grievance or dispute before addressing the matter with AFCA.
We will use our best endeavor to resolve the dispute with you. If we are unable to resolve the dispute or if you are unsatisfied with the outcome of the resolution Essential Appliance Rentals Pty Ltd offers to the complaint you have made, you can refer the matter to our external dispute resolution provider, AFCA.
When Essential Appliance Rentals Pty Ltd corresponds with you and provides its final response, the details of AFCA will be provided to you.
Our Obligations
Under the National Consumer Credit Protection Act 2009 (NCCP), we must have an internal dispute resolution (IDR) procedure that complies with the standards and requirements made or approved by ASIC in accordance with the regulations, and which covers disputes in relation to the credit activities engaged in by us or our representatives.
Regulatory Requirements
ASIC’s regulatory guidelines for internal dispute procedures are that we:
- adopt the definition of ‘complaint’ in the Australian Standard for complaints handling (AS/NZS 10002-2014);
- adhere to minimum content requirements for internal dispute responses;
- adhere to maximum internal dispute timeframes for providing a response;
- have a system for informing complainants about the availability and accessibility of the relevant external dispute resolution (EDR) scheme.
- provide systems and processes for identifying and escalating systemic issues; and,
- commit to certain internal dispute standards.
Definition of Complaint
The definition of “complaint” in the Australian Standard is: “An expression of dissatisfaction made to or about an organisation, related to its products, services staff, or the handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required.”
The NCCP talks about “disputes” rather than “complaints”. Where the Act refers to a dispute, ASIC considers this to have the same meaning as complaint.
Essential Appliance Rentals Pty Ltd adopts the definition of dispute as described above. A dispute includes a complaint. In this document, where we refer to a ‘complaint’ it also means a dispute.
Timeframes
Essential Appliance Rentals Pty Ltd is required to acknowledge that it has received your complaint within 1 business day.
Essential Appliance Rentals Pty Ltd is required to resolve complaints within 30 days.
Where the complaint is a request for financial hardship consideration or in relation to notices of default or request for postponement of enforcement proceedings, this is to be resolved within 21 days, however, if Essential Appliance Rentals Pty Ltd requires additional information in relation to a financial hardship consideration you must provide that information within 28 days and, upon receipt of the additional information, Essential Appliance Rentals Pty Ltd will have an additional 21 days to provide a final written response.
Final Response
Essential Appliance Rentals Pty Ltd’s final response must include:
- The final outcome of your complaint at internal dispute level (either confirmation of actions taken by Essential Appliance Rentals Pty Ltd to fully resolve the complaint or reasons for the rejection or partial rejection of the complaint);
- Your right to take the complaint to AFCA if you are not satisfied with the final response; and,
- The contact details of AFCA.
Where the complaint is fully or partially rejected by Essential Appliance Rentals Pty Ltd, the final response must clearly set out the reasons for the decision by:
- identifying and addressing the issues raised in the complaint;
- setting out Essential Appliance Rentals Pty Ltd’s findings on material questions of fact and referring to the information that supports those findings; and,
- provide enough detail for the complainant to understand the basis of the decision and to be fully informed when deciding whether to escalate the matter to AFCA.
Final Response In Writing
Essential Appliance Rentals Pty Ltd must provide its final response in writing; however, not if the complaint is resolved within 5 business days to your satisfaction and you do not request one; or, where the issue relates to financial hardship.
Enforcement Action
Where a complaint is considered resolved any further collection or enforcement action will cease for a further period of 14 days after the final response has been provided.
Systemic Issues
Essential Appliance Rentals Pty Ltd must set clear accountabilities including the management of systemic issues through customer complaints by:
- ensuring that systemic issues are included on any reporting to the Board and senior management;
- staff are encouraged and enabled to escalate any possible systemic issues;
- regularly analyse complaint data sets to identify systemic issues;
- promptly escalate possible systemic issues to appropriate areas within Essential Appliance Rentals Pty Ltd for investigation and action; and,
- report internally on the outcome of any investigations, including actions taken.
Product Issues
Essential Appliance Rentals Pty Ltd is obligated under Australian Consumer Law (ACL) to provide certain guarantees in relation to the products that it provides and ensure that it is of acceptable quality, that is:
- safe, lasting, with no faults;
- looks acceptable; and,
- does all the things someone would normally expect the product to do.
Essential Appliance Rentals Pty Ltd must ensure that it does not refuse to help you with a product that has not met with any of the guarantees by sending you to the manufacturer.
Although, given the online nature of our business and to expediate any potential remedy, we recognise that the manufacturer is often best suited to conduct initial troubleshooting and we may request that you contact the manufacturer in the first instance given you have the product in your possession.
Where the problem with any product is assessed by our or the manufacturers service technicians as being ‘minor’ Essential Appliance Rentals Pty Ltd must facilitate the goods to be repaired within a reasonable timeframe.
Where the problem with any product is assessed by our or the manufacturers service technicians as being ‘major’, you have the right to:
- request that the item be repaired (where possible);
- to ask for a replacement of identical type of the one supplied; or,
- a full refund.
How you can raise a complaint
Our complaints handling process is easily accessible to all our customers and we will not restrict the way in which customers may lodge a complaint.
A complaint can be made by:
- telephone on 1800 762 335
- contacting us through our Help Centre
- letter by writing to Complaints Manager, Essential Appliance Rentals Pty Ltd, PO Box 87, Prospect SA 5082
- social media at the relevant brands social media pages.
We will respond to your complaint based on your request or as appropriate to ensure a prompt resolution.
However, if you do not indicate to us how you would like your complaint be responded to, we will respond to you via the form where the complaint derived; or, where we are required to provide a written response, by email in the first instance; or, where you do not have an email address, by letter in the mail.
You will be required to provide specific information about your complaint and recommend that you consider all the details of your complaint before contacting us so that we may be able to find an appropriate resolution.
Where you have nominated an authority to handle the complaint we will deal exclusively with that person, unless
- otherwise instructed by you;
- we have reason to believe that the authorised person is working against your best interests; or,
- we are directed to by the Courts or AFCA.
Where you have difficulties accessing our dispute procedure we will work with you or your authorised representative to provide access to this policy.
Process to handle your complaint
Internal Support
Your complaint will initially be handled by a Team Member who will either acknowledge your complaint immediately where you are in direct contact by phone call; or, within 1 business day when your complaint is received in writing.
Where we are able, our Team Member will then attempt to resolve your complaint based on our Dispute Guidelines that provides options to our staff to attempt to resolve your complaint upon first contact.
Where our Team Member is not able to resolve your complaint to your satisfaction, your complaint will be escalated to an appropriate Complaints Officer who then conduct a full review; and, where we are able, seek to offer you a resolution.
Our Complaints Officer may ask you to provide further information to consider your case and it is important that you respond as quickly as possible.
Where your complaint upon review proves that you have suffered adverse detriment, we will look to provide you with appropriate redress and remedy depending on the issue.
Should you have any queries concerning the status of your complaint, please contact us directly and one of our Team Members will provide you with an update.
A final decision will be provided to you within 30 days of you raising the complaint with us (or 21 days in relation to applications for financial hardship consideration).
External Support
If you are dissatisfied with our final response you are invited to refer the matter to Essential Appliance Rentals Pty Ltd’s external dispute resolution body:
Australian Financial Complaints Authority
Telephone: 1800 931 678
Email: info@afca.org.au
Internet: http://www.afca.org.au
Mail: GPO BOX 3
Melbourne VIC 3001
It is important to note that AFCA will refer the matter back to us if you have not raised the complaint with us first and tried to resolve the matter through our internal processes.
If the dispute involves privacy issues and has not been resolved to your satisfaction, you may refer the matter to the Privacy Commissioner at.
Privacy Commissioner
Telephone: 1300 363 992
TTY: 1800 620 241 ( this number is dedicated for the hearing impaired only, no voice calls)
TIS: Translating and Interpreting Service: 131 450
Post: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666
Email: enquiries@oaic.gov.au