Faulty Dress - Quick query

knuth

Hi,

To cut a long story short:

a). Bought a dress in a store last Sunday.
b). Took it home, noticed the dress had a rip on the strap.
c). Never wore the dress, left the tags on it and brought it back to the shop.
d). I asked for a refund, shop said they'd do an exchange for another dress in the same size.
e). Shop does not have the same dress in the same size.
f). Shop offers to 'repair' the dress, does not offer to refund the money.

I would prefer to have the money back instead of paying for a dress that needs to be bloody repaired. Do I have a case?

Doctor DooM

Jeebus. Unfortunately it would be quite difficult to force them to refund money as the law states the shop can offer exchange, repair or refund, but in this case a repair seems fairly unsatisfactory (it's not like you have done anything wrong and the goods are faulty.)

knuth

Does the "or" grant the consumer the choice of the three? Thats what I had presumed.

Doctor DooM

lordlame wrote: »

Does the "or" grant the consumer the choice of the three? Thats what I had presumed.

It's not very clear. In practicality, I have never seen a case in retail where a customer managed to get a refund from that.

Bear in mind if you go in swinging quoting laws it will seriously not help. Managers hear it all the time and will instantly peg you as an irritant, as opposed to someone who is reasonable and can be met half way. Be polite but firm and state that a repair is not a satisfactory resolution to your issue, and if possible you wish the escalate the issue if that is the only remedy the store is able to offer.

knuth

Thanks. I remained calm whilst speaking to the manager and asked if she would refund the money instead of repair. She said no and I replied that i'd be in touch.

axer

lordlame wrote: »

Hi,

To cut a long story short:

a). Bought a dress in a store last Sunday.
b). Took it home, noticed the dress had a rip on the strap.
c). Never wore the dress, left the tags on it and brought it back to the shop.
d). I asked for a refund, shop said they'd do an exchange for another dress in the same size.
e). Shop does not have the same dress in the same size.
f). Shop offers to 'repair' the dress, does not offer to refund the money.

I would prefer to have the money back instead of paying for a dress that needs to be bloody repaired. Do I have a case?

It depends on firstly is the fault a minor fault and second whether you had legally accepted the goods when you bought them. I am not sure but to me the repair of the strap will restore the piece of clothing to full quality again i.e. you wouldn't have never known the item was damaged if you had seen the item after the repair. If you had time to inspect the goods before you bought them then it could be argued that you legally accepted the goods when you paid for them.

It may be hard to argue in the small claims court reasons why it is not fair/reasonable to accept the repair instead of a refund. I think a lot of shops possibly would refund your money but I think this case is not clear cut when it comes to the law. I would even think that it sways towards the reasonable thing being to accept the repair IF the repair is permanent and in no ways noticeable.

Just remember if you do not agree that it is the reasonable remedy then you can contest it in the small claims court for €9 if the shop won't budge.

With regards the "or" - it is just an "or". Neither the seller nor the consumer have the absolute power to enforce/demand either except where goods have not been legally accept (in which case a refund can be demanded). Otherwise it is what is reasonable and fair. If a seller cannot perform a replacement or refund then a refund or partial refund must be given. If repairs are not permanent then the consumer can demand a replacement or refund.

Doctor DooM

lordlame wrote: »

Thanks. I remained calm whilst speaking to the manager and asked if she would refund the money instead of repair. She said no and I replied that i'd be in touch.

In this case I would request a telephone/ written address for head office to further your issue.

knuth

Ok. I'll contact CA on Tuesday. I will have no problem in following up with a written letter.

Thanks for the advice.