Charged large deposit to secure in a pressured sale environment to then have the majority of $ withheld
Lusso Stone Australia - Kingsfordsmith Drive Brisbane.
Charged massive 50% deposit (over $3200) to secure 2 slabs at their end of financial sale.
For a variety of reasons including health issues and had to cut costs I didn’t go ahead and was offered a refund verbally.
The slabs I purchased were in stock, there had been no site inspection or measure, the slabs were not cut. In fact those slabs could be sold at an additional $ to another customer.
I was offered a verbal refund by the receptionist and followed this promise of a refund up months later and continued to follow up until the director offered (twice) to fully refund in the circumstances.
The same director continued to not refund the $ and then decided that I could either take just $500 or take the product within the next 6-8 months. I do not need any stone for another property.
Under the Australian Consumer Law (ACL), businesses must not engage in misleading conduct or impose unfair contract terms.
Requiring a 50% deposit on regular stock, where no services have been performed and the goods remain saleable to other customers, is excessive and amounts to an unfair term.
Further, refusing to honour a promised refund is misleading.
Lusso Stone has suffered no loss. There is therefore no lawful basis to withhold my funds.
Antwort von Lusso stone
Hi K,M,
Let's go through it, it all started June 2023, when K.M. placed an order during a sales promotion that required materials and installation to be completed by the end of that year.
She agreed to our terms and conditions, including the requirement for a 50% deposit to proceed with the quote.
Following this, there were several months of back-and-forth communication about installation timing. During this time, we held the selected material specifically for her, which prevented us from allocating it to other projects. Eight months later, she informed us that she would no longer proceed with the job due to personal reasons — effectively a change of mind.
Based on the current QLD government regulations, change of mind is not a valid reason for a refund.
We offered $500 as a gesture of goodwill and or to use the stone in other areas, etc.
As Lusso Stone, we have followed every legal procedure. Our Terms & Conditions stated our payment terms, which were accepted by you... You read these, accepted this, paid the deposit and then you cancelled your job, that is a change of mind.
"Oxford Dictionary - Definition of Deposit"
A sum payable as a first instalment on the purchase of something, or as a pledge for a contract. The balance being payable later
Now, I understand it probably doesn't mean much... I am sorry for the situation and how it unfolded. I wish there was more concise communications and that it didn't drag out as long as it did.
However, I can't accept you claiming we are breaking the law. Just because it wasn't on your side this time.