is it legal to ask for a refund?

CyberGhost

lol maxheadroom!!! nice one!!!

God i love case modding!

rubadub

You buy something and it is faulty, you are entitled to a refund, you don’t have to accept a replacement.
You buy something and you don’t like it, you are not entitled to a refund, most decent shops who care about their goodwill will exchange it or give vouchers.
BUT the loophole is you can always claim it is faulty! I have brought cds back after 1 year with the receipt and claim they don’t play on my PC (a growing problem these days, so I hear) they try it in the store and tell me it works, I say not in mine and I get cash back. Why the one year delay? I say I work weekends and can’t get into town much.
I brought a digital camera back as it turned out to be crap, I said I didn’t have a USB port rather than it was crap- I got cash back, there was no need for them to give me cash in this case, goods weren’t faulty and did fit their description (clearly said USB on the box but I pleaded ignorance). The more unscrupulous customer could actually damage the goods themselves and bring it back for cash. Argos are great for exchanges, no questions asked but within 16 days. HMV too, buy a cd, copy it and return it for vouchers, not an exchange. This way your multiple exchanges do not appear on the receipts you bring back, just says you paid with vouchers each time. Hmv have a huge staff turnover so I could go in every day for a while when I worked in town and not be recognised.

CyberGhost

HMV too, buy a cd, copy it and return it for vouchers, not an exchange. This way your multiple exchanges do not appear on the receipts you bring back, just says you paid with vouchers each time. Hmv have a huge staff turnover so I could go in every day for a while when I worked in town and not be recognised.

Thanks! have to try that out sometime!

gaui3d0pnbz86o

i work in cust services in a large store,

a cust being nice will always be treated better then someone shouting the odds. ive had people throw goods at me- digital cameras and the like- and i mean throw at my face, ive been threatened, verbally abused, a collague of mine was punched and another a knife to his neck after work(they waited outside till the shop closed). this is just a small fration of what ive to put up with. also whats with people who are drunk thinking they have a right to a refund on a year and a half off goods with no reciept?

so if someone comes up to me shouting and being abusive before calmly explaing to me what problem is, i just get security to remove them from the building until they are calm, then deal with them.

if someone with the same problem comes up to me , and explains it, and is willing to listen to me, they usuall get sorted out and get what they want!

people in cust service are there to help! but only if you help them by being nice!!

Spacebutler™

I know how you feel. I was threatened big time before by some nacker s**t because i was keeping an eye on him. It was quite obvious he had intentions to shoplift, you can just tell. However it annoyed him that he couldnt because we were watching him. I say if you have no intention to commit a crime you should have no problem being watched, most staff are asked to watch people by the managers.

well what can ya do, lol

anyone else get the same problem?

CyberGhost

wow flameboy! you have a patience man!

if someone would dare to throw something at me, i'd probably beat them

gaui3d0pnbz86o

patience is a virtue,

but at times its hard, what makes it worse is my low low wage!

SouperComputer

Originally posted by Spacebutler™
I know how you feel. I was threatened big time before by some nacker s**t because i was keeping an eye on him. It was quite obvious he had intentions to shoplift, you can just tell. However it annoyed him that he couldnt because we were watching him. I say if you have no intention to commit a crime you should have no problem being watched, most staff are asked to watch people by the managers.

well what can ya do, lol

anyone else get the same problem?

attended a seminar about dealing with these fu{ks a month ago.

best approach is not to watch them, or anthin. Just try the "pushy salesman" approach.

its worked a treat for a a good few times on drunks and skangers alike. Just keep asking questions, "what do you have in mind..." What budget" blah blah, better still try to divert the converstaion to a product that is displayed in the outside window, or at another retailer!!

¬zero64

you entitlled to a full refund/replacement , you choose. if a product is faulty .the law is on your side, we have reasonably good consumer laws in ireland........

¬zero64

JOIN A UNION AND GET REPRESENTED

Capt'n Midnight

maxheadroom - Video Toaster

I must say I disapprove of this copying and then returning ...

Argos DVD recorders - 533/3064 , 533/3071 , 512/6958
Argos USB CDRW Drives - 676/4742 , 676/4728 , 676/4883

Absolam

You buy something and it is faulty, you are entitled to a refund, you don’t have to accept a replacement.

Not true. The Sale of Goods Act allows the retailer to choose, at their own discretion, whether to provide a refund, or a replacement (i.e. another of the exact same product). The replacement would have to be of merchantable quality though, and you're entitled to satisfy yourself that it is before you have to accept it. In reality, most retailers will give you the choice, but they don't have to.

Capt'n Midnight

Does this only apply to DOA's ?
ie. when do you have to settle for a repair instead of a replacement ?

Then there is the whole credit note thingy - IIRC you don't have to take a credit in lieu of refunding payment in it's original form - but since they don't have to give you payment....

the bit about refunding payment in original form - you can't return goods to get a cash advance on your credit card - esp since the store would get billed 1.x% by visa and Co.

Also I don't consider orange car indicator bulbs to be of merchantable quality since they fade so quickly and esp since they cost so much more than a clear bulb..

rubadub

Originally posted by Absolam
Not true. The Sale of Goods Act allows the retailer to choose, at their own discretion, whether to provide a refund, or a replacement (i.e. another of the exact same product). The replacement would have to be of merchantable quality though, and you're entitled to satisfy yourself that it is before you have to accept it. In reality, most retailers will give you the choice, but they don't have to.

i would still stand by what i said. it was up to the retailer years back but AFAIK it is not the case anymore, unless it has changed back again. not causing arguments but do you have any links to say otherwise?
i know you will ask me if i have links, so i will say now i do not. but have been offered full refunds in many shops and been told by the assistant that i was entitled to cash. i am almost certain i saw it on an irish "watchdog" type program a few years back

Absolam

Read the Sale of Goods Act. This is the definitive piece of legislation binding all retailers, and where it does not confer rights on the consumer, these rights remain with the retailer. Therefore, when the Act states 'entitled to a refund or replacement', and doesn't state by whose choice, the right isn't conferred, but remains with the retailer. Notwithstanding, of course, any sensible retailer will always give a customer more than their entitlement in order to maintain their business..hence the pro customer policies of the likes of M&S, Tescos etc..

jank

sorry to bring this up again but whats the story with refunds on clothes?

got a present of a jersey which was too small and is also going out of date soon
so i asked for it to be returned for a larger one and the away one
they didnt have the away one in my size so gave me the same one but larger while refusing a refund!

almost all other places have the other jersey
so can they do that!?
the item wasnt even worn and the tags and all still on it!

sceptre

Originally posted by jank
so can they do that!?
the item wasnt even worn and the tags and all still on it!

Yes they can (read the rest of the thread). There's nothing wrong with the jersey, it's just too small for a jank.

Pataman

also you didnt buy it so they have no contract with you

RuggieBear

Originally posted by jank
sorry to bring this up again but whats the story with refunds on clothes?

got a present of a jersey which was too small and is also going out of date soon
so i asked for it to be returned for a larger one and the away one
they didnt have the away one in my size so gave me the same one but larger while refusing a refund!

almost all other places have the other jersey
so can they do that!?
the item wasnt even worn and the tags and all still on it!

My uncle bought a coat from a particular shop....he went out in it a few days later and realised that there was a design flaw in the jacket in that there was a flap that kept getting caught on the front zip....this really annoyed him because it got so stuck he needed somebody else's help to get out of the jacket. :mad:

Anyway he decided to bring it back 2 days after purchasing it and ask for a credit note. Basically some snooty bitch told him that since that there wasn't actually a fault with the jacket and the way the jacket was designed he wasn't getting one.

My uncle drove straight down to the small claims court in Wicklow and for the cost of 9euro filed a suit....

Anyway 2days later he got a call from the manager of the shop, apologising and promising to refund the money for the jacket, the 9euro for the small claims suit, as well as a voucher for a meal in a nice local restaurant with a good bottle of wine....:D


P

slave1

Good thread with good gereral advise

I have two specific queries, I bought a DVD writer off a reputable web based site in September, stopped working and I've sent it back.
Their return procedure has this

When we receive the parcel we test the item, repair it if possible or exchange it.

a) Can I not ask for a full refund?
kinda loss faith in a piece of kit when it dies after little use ( about a dozen or so writes )

The price of this piece of kit has dropped significantly ( about 90 yo yos)

b) can I get a refund based upon what I paid, avers to current price

I'd like some impartial views on how to handle this before I chase the company up

Tks

The Brigadier

Where is the web site based? If it is based in the UK is is held accountable to UK laws...

In general though if it was bought in the EU, you won't be entitled to a refund. You can normally ask for a refund during the first 30 or so days. You will only get a refund if there is a history of faults or if you can prove the product was faulty when sold.

To get a refund you are really going to have to take legal action which is expensive and costly. You can't use the small claims court. However if you do get awarded a refund, it will be for the price you paid

Just resign yourself to getting a replacement.

You have had the dvd player for 8 months now. Under Irish law you would be entitled to a repair or replacement at the e-tailers choice, not yours.

I'd need to know where the e-tailer is based to give you any specific advice. on line retailing is subject to different rules that retail. Also in the UK, certain protections only apply to people buying in th UK.

slave1

the retailer is Dutch based and the product was not defective upon purchase, it developed the fault over time when it just stopped working one day
they have a good rep and I suppose once I get a piece of kit working then that seems the fairest for all parties
cheers for reply

Capt'n Midnight

Slave1 - they don't have to refund you the full price as it's repair or replace, also the tighter the margins the less they have available to delite the customer, yes they can throw it back at the manufacturer but will the manu forward on full refund ?

It's a pain in the neck - but most IT stuff depreciates 50% every 18 months - and giving full refunds would open them up to people handing back an old item and using the money to replace it and pocketing the difference.

If you paid for an extended warranty then you might have a better claim or if there was a new for old policy..

Kobie

They may garuntee the product themselves, otherwise it'll be covered by the products garuntee, so either way you should be covered. Garuntees really just mean they'll replace rather than refund though.

And never pay for an extended warrenty - they're the biggest rip offs going. The staff in most places push them, because that's where they earn their commisions. In most cases the products own warrenty should be plenty.

freetoair

Bought a couple of summer shirts in Heatons in Dundalk which were tagged in my size, paid by credit card. Brought them home, tried them on and discovered they didn't fit properly. Put them straight back into the bag and went back to Heatons two days later.

Went to the counter and was told that for a full refund I would have to produce the original receipt. Looked in the bag and found my credit card receipt (which was all I was handed when I bought the goods). The nice assistant said that it would probably do but she would have to clear it with the manageress.

Manageress arrives to the counter, throws the shirts out on the counter, looks at the credit card receipt and says NO ! Why not I asked ? That's not a receipt was the reply ! I said look again, the credit card receipt had the date and time of purchase, the name of the store was clearly printed on it and the value on it was the price of the two shirts. I politely claimed that all I wanted was to exchange the shirts for a bigger size. Her response (in front of a queue of customers) was that they didn't stock shirts for 'overly large' people (I'm 15stone), and since I didn't have a till receipt then I couldn't have a refund. I informed her I was not given a till receipt but with the credit card receipt I had beyond reason produced proof of purchase. I tried to compromise and said I'd be willing to accept a credit note instead, 'NO' was the reply. I wouldn't budge, quoted consumer act etc etc to her, credit card protection and so on, she at this point told me I was wasting her time and could I leave the store or she'd call security.

Customer service, hah, what a joke, I'm amazed how this woman in Heatons in Dundalk was ever appointed a manageress with that attitude. I asked to speak to her superior she gave me a final warning to leave as I saw a security guard hover at my shoulder.

I was forced to drive home, check out the head office for Heatons and make a formal complaint to one of their directors, who I might add was very helpful. The director told me she would arrange to have the matter settled and told me it would be safe to return to the store for a refund. I insisted on receiving a letter to confirm I was entitled to a refund after the public humiliation I had sufferd first time. They obliged in giving me a letter and told me I would receive an apology.

When I went for the refund second time round, the assistant I dealt with originally was again very nice, and called for the manageress, the manageress called the cash desk and told me to issue a refund but wouldn't show her face.

My message to all my friends ever since has been to boycott Heatons in Dundalk !! Shame on them for making a customer go to such lengths to simply achieve their consumer rights.

Phew! Sorry about the length of this, but I'm still furious about what happened, and yes I was controlled and calm when discussing the issue with the manageress apart from a single utterance of 'This is fec*ing ridiculous' at which point she stopped the conversation and accused me of being abusive.

What goes around comes around - may your store close sooner rather than later!

edwina

I went to customer service desk in Dunes stores :mad: , and asked politely to exchange a pair of shoes id bought their in December 05.I explained to the staff member working there at the time , that I was returning the goods as it was obvious to see the product was faulty and not of merchantable quality, as the heel off the shoe had came off after three hours of wear.

This staff member then manipulated the situation, which left me feeling very intimated and ridiculed.

Firstly she said, well you do have these shoes four months I don’t think I can exchange them; secondly she manipulated the situation in asking me was I returning the goods due to a scrape on the heel of the matching shoe,
As I had obviously pointed out the problem earlier she did not have the right to speak to me in this manner. She then told me she would return the shoes to quality control department, that ill have to wait atleast ten days on a reply, which I don’t have a problem with.

any suggestions on what i should next?
should i comp[lain to the manager about this behaviour?

BuffyBot

Well she does have a point, of sorts.

Did you purchase them, and not wear them until recently? Otherwise, if the heel came off in 3 hours not long after you bought them, why did you wait 4 months to return them? If you had of went back the next day, you would have a much stronger case, because Dunnes Stores could obviously see that they didn't last long.

So when exactly did the heel break? Was it after you bought them, or just recently? Did you explain yourself clearly to the person in Dunnes?

Gillo

The Brigadier wrote:

Where is the web site based? If it is based in the UK is is held accountable to UK laws...

The sales actually takes place where the product to "handed over" to the customer, in this case it was bought from a Dutch supplier and you recieved it in Ireland, so Irish law takes precedient.

In my experience, I've never had any problems, I've bought my fair share of faulty goods over the years and have never had a problem returning
anything. If I am returning something faulty, I simply go back to the shop and start of wtih "Hows it going? listen I have a slight problem" and then explain what the issue is, I've seen other people rant and rave and threaten everything under the sun, as a general rule in life if you are nice to someone they will be nice back to you.

Even if I bought something and then tried to return it with no fault, they has never been a problem, using the greeting.

oneweb

edwina wrote:

I went to customer service desk in Dunes stores :mad: , and asked politely to exchange a pair of shoes id bought their in December 05.I explained to the staff member working there at the time , that I was returning the goods as it was obvious to see the product was faulty and not of merchantable quality, as the heel off the shoe had came off after three hours of wear.

This staff member then manipulated the situation, which left me feeling very intimated and ridiculed.

Firstly she said, well you do have these shoes four months I don’t think I can exchange them; secondly she manipulated the situation in asking me was I returning the goods due to a scrape on the heel of the matching shoe,
As I had obviously pointed out the problem earlier she did not have the right to speak to me in this manner. She then told me she would return the shoes to quality control department, that ill have to wait atleast ten days on a reply, which I don’t have a problem with.

any suggestions on what i should next?
should i comp[lain to the manager about this behaviour?

Sounds like BS to me. If they're going to send them off to QC, they should at least deal with the customer - replacement or refund. Chances are if you left them and returned to get a result, they could deny all knowledge. Of course their procedures may have changed since I was there.

edwina

Well she does have a point, of sorts.

Did you purchase them, and not wear them until recently? Otherwise, if the heel came off in 3 hours not long after you bought them, why did you wait 4 months to return them? If you had of went back the next day, you would have a much stronger case, because Dunnes Stores could obviously see that they didn't last long.

So when exactly did the heel break? Was it after you bought them, or just recently? Did you explain yourself clearly to the person in Dunnes?


BuffyBot

I had the shoes for about a month b4 i wore them, but you know what, thats not the ouestion here, why did the staff treat the situation in a unreasonoable manner, she manipulated the situation in asking me was i returing the goods due to a scape on the matching shoe.

she does not have the right to speak to any costomers like this,people with attitudes like this should not be placed in jobes to deal with costomer service