I tried reaching out to MyMac Australia, but the rather heated person who called me earlier today just sent me this. I find it rather odd but he thinks I’m bullying and threatening him when the first thing he said to me on the call today was get the video down or we’ll sue you.
Dear Duncan,
The person you spoke to was me, Steve Bardel the owner of My Mac Australia,
Buy all means Duncan contact Apple and the ACCC I will be happy to show them your invoice, Like you I will not be bullied or threatened. I am happy to supply you with contacts numbers for both.
Like you said to one of my staff members when you bought the isight it was a product you could not get from anywhere, and it was the last one we had and you sighted it it our display cabinet, we did not have the box and that is why it was bubble wrapped for you, you knew this.
I see your you tube outburst as offensive to my company and this is not a threat you will be hearing from my Lawyers if it is not removed. It is unfounded and I will fight the removal of it and for compensation for lost business that you may of caused.
Regards,
Steve Bardel
Managing DirectorMy Mac (Australia) Pty Ltd
Apple Premium Reseller
172-192 Flinders Street
Melbourne VIC 3000Tel: 03 9662 9666
Fax: 03 9662 9855
Email: sbardel@mymacaustralia.com.au
Web: www.mymacaustralia.com.au
My response:
Steve
the simple fact remains that I was NEVER informed that the iSight being sold to me was incomplete, either by your employee or by notice in the display cabinet. The fact that it was not displayed in a box does not suggest that the item was incomplete, the only thing it shows is that you take things out of a box to put on display, a fairly regular sales tactic employed by about 99.999999% of retail sales outlets in Australia.The fact remains that I would never have purchased it if I had been made aware that it was incomplete package, particularly at the cost. By all means talk to your lawyers but there is NOTHING defamatory in that video, only the simple facts that you failed to supply me with a complete iSight package and my warning that people check packages sold to them by your store as in my case I was not provided with a full package, which I’d note you don’t disagree with.
An invoice issued after the purchase does not constitute fair point of sale notice that the goods being sold were deficient. You’ll find the onus of disclosure under fair trading laws is with the seller to disclose this upfront: if I bought a car I’d expect it to have a steering wheel, are you seriously suggesting that you could sell me a car legally without a steering wheel on the premise that you only disclosed the fact on the invoice issued after the sale was made? It certainly seems that way because we seem to have no disagreement that the missing parts were not disclosed to me in that your only justification has continually been that I knew because “it was on the invoice.”
I was offered bubble rapping only as I mentioned that I would be returning to WA with it; it was NEVER noted to me that it was missing a box, which is really irrelevant anyway because it wasn’t just the box that was just missing, it was standard parts that are meant to be sold with the iSight as per your deal as an Apple reseller. I couldn’t really care less about the box, I simply would like the missing parts of which I’m presuming are probably still somewhere in your store given that they were not provided to me when I purchased the iSight.
As for the case being unfounded, I look forward to hearing from your lawyers as to how this is unfounded. You have already admitted, both verbally and in writing that you did not supply me with a full iSight kit, and you’ve also admitted that at no stage did your store or employee advise me that the iSight was lacking standard parts. Indeed, we actually both agree in full on that case, so again I don’t see how my online request for these missing parts is unfounded. Perhaps you’d care to clarify which part was unfounded? I may consider editing the video is anything in inaccurate.
I’m also interested as to how something I posted on YouTube that took you 6 weeks to find has cost you business? I have never once said that people should not shop at your store, and indeed your sales staff were prompt and polite. I have simply suggested that people check what they are provided by your business to make sure that what they are buying is all there, because as we both agree in my case it wasn’t.
best
Duncan.
