consumer-protection warranties
&quot;Lifetime Warranty&quot; terms and conditions changed after purchase
<p>Around four years ago I purchased a pair of William Painter sunglasses through a successful <a href="https://www.kickstarter.com/projects/william-painter/the-empire-the-worlds-best-clubmaster-style-sungla/faqs" rel="noreferrer">Kickstarter campaign</a>.</p>
<p>The campaign advertised a 'Lifetime Warranty', which they clarified in an FAQ on Kickstarter as follows:</p>
<blockquote>
<p><strong>What are the details of the Lifetime Guarantee?</strong>
At William Painter we back up the amazing quality of The Empire with an equally exceptional lifetime guarantee.</p>
<p>Our Lifetime Manufacturer’s Warranty Covers the following:
(<strong>You will receive a free brand new replacement pair with no time limit restrictions, but you must return your damaged item at your own shipping costs</strong>)</p>
<ul>
<li><p>Screws fall out</p>
</li>
<li><p>Hinges break</p>
</li>
<li><p>Breaking under the pressure of your badass life.</p>
</li>
<li><p>Paint Chipping</p>
</li>
<li><p>Lenses are warrantied if the following conditions occur: Breaking, popping out, or bubbling</p>
</li>
<li><p>Lenses scratching in first 30 days</p>
</li>
</ul>
<p>Lifetime Manufacturer’s Warranty DOES NOT COVER the following:</p>
<ul>
<li><p>Does not cover lens scratching after 30 days</p>
</li>
<li><p>Hinges becoming loose over time</p>
</li>
<li><p>Lost Sunglasses</p>
</li>
</ul>
<p>If you lose your sunglasses or they get stolen, we still have your back! We know it sucks to be apart with your amazing William Painter sunglasses, so we'll hook you up a discount to replace your lost pair. (just show us your order number)</p>
<p>Last updated: Wed, May 24 2017 1:49 AM AEST</p>
</blockquote>
<p>Two years ago I did have to go through the warranty process as the hinge had broken. It was no drama, and as outlined on the original Kickstarter all I had to do was organise and pay for return of the damaged glasses.</p>
<p>This time when I started the warranty process I was immediately asked to pay around $70AUD in processing fees, in addition to covering the return shipping.</p>
<p><a href="https://www.williampainter.com/pages/returns-exchanges-warranty" rel="noreferrer">Their website</a> now shows the following regarding their warranty:</p>
<blockquote>
<p><strong>LIFETIME WARRANTY</strong>
We stand by our products and back them up with our William Painter lifetime guarantee. This means if you break them, shatter them, blow them up, or run them over with a semi-truck we still guarantee them for life. <strong>With a small processing and handling fee</strong> you receive a brand new pair every time!</p>
</blockquote>
<p>Don't get me wrong, I understand why they've changed it in the last two years... but is that legal?
I purchased the sunglasses <em>because of</em> that fantastic warranty, and now the terms and conditions of it have changed after purchase.</p>

<h2>It's not legal</h2>
<p>The terms that you agree when you enter a contract can only be changed if:</p>
<ul>
<li>the contract provides for variation of its terms and then, only in accordance with that procedure. This may allow unilateral changes - these are common in ongoing relationships like telephone and ISP contracts but it appears from the Kickstarter page that this was not the case here.</li>
<li>the parties agree to vary the contract either by deed or by another contract. If by deed then the law of making deeds must be followed, if by contract then the laws of contract must be followed.</li>
</ul>
<p>You mention &quot;around $70AUD&quot; which leads me to guess that you are in Australia. If you were there when you entered the contract then the <a href="https://consumerlaw.gov.au/" rel="noreferrer">Australian Consumer Law</a> will apply to the transaction and, more generally, to William Painter since they explicitly &quot;do business in&quot; Australia because they ship there.</p>
<p>It is illegal to make misleading and deceptive claims under the ACL and the fines can be <a href="https://www.accc.gov.au/media-release/high-court-dismisses-valve%E2%80%99s-special-leave-to-appeal-application#:%7E:text=Valve%20had%20sought%20special%20leave,pay%20a%20%243%20million%20penalty." rel="noreferrer">huge</a>. Perhaps a note pointing this out to them and letting them know that if they waive their fees in you case(s), you wont feel the need to report them to the ACCC.</p>
