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Faulty Goods

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  • 04-11-2008 3:46pm
    #1
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭


    Could someone clarify something for me. I purchased a USB drive in a shop on a college campus which died after a few weeks usage. The item was purchased in a shop that doesnt take cash, but only a "WIT Card" (a student card where you load cash onto).

    On returning the item, I asked for a refund but was told they had no possible way to issue one (not cash or even back onto the WIT Card) and could only provide a credit note (to the value of €37). Thing is, I rarley go into the shop and only purchased the drive as I needed it urgently and nowhere else on campus had any in stock. Its a tiny book store so its going to take a while to spend the credit in that shop.

    Does Consume Law still apply to these cases?


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    #2
    rubadub
    Registered Users Posts: 32,381 ✭✭✭✭rubadub


    I expect it does apply but since it broke under warranty you are not entitled to a refund, they can repair or replace it, or in this case they gave you credit, not sure about that one.

    In these cases it is always best to say it was broken the moment you got it, AFAIK you are entitled to a full cash or CC refund if items are broken from the start.

    You might want to check the T&Cs of the card too.


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    #3
    cgarvey
    Registered Users Posts: 3,886 ✭✭✭cgarvey


    I better explain my response in some detail, or I'll be accused of all sorts!
    rubadub wrote: »
    since it broke under warranty you are not entitled to a refund
    Warranty has nothing to do with consumer law. Nothing.
    rubadub wrote: »
    they can repair or replace it, or in this case they gave you credit, not sure about that one.
    They can repair, replace or refund, at their discretion. Again, that is not affected by warranty.
    rubadub wrote: »
    In these cases it is always best to say it was broken the moment you got it
    Sure, lie your way out of it!
    rubadub wrote: »
    AFAIK you are entitled to a full cash or CC refund if items are broken from the start.
    Nothing like that mentioned in any consumer law I've read anyway. If it's faulty, and the retailer wishes to issue a refund, by way of resolution, then that refund does not "have" to be a credit note, and you are entitled to a usable refund (i.e. cash). It's also reasonable to accept a refund by the same means as the original payment.
    rubadub wrote: »
    You might want to check the T&Cs of the card too.
    T&C of the payment card have no bearing on consumer law.

    Sully, it's reasonable to expect a cheque or cash, or some usable payment method, if they can't furnish a refund by the means used in the original payment. Since they can't refund WIT Card, have accepted the fault, and have agreed to refund you, it's entirely reasonable to insist on a cheque, if you wish.

    Consumer law, most definitely, does apply in these cases!


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    #4
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    OP: Would they not replace the USB stick? since that would seem like the most obvious solution.
    cgarvey wrote: »
    Warranty has nothing to do with consumer law. Nothing.
    Except where the likes of the Sale of Goods and Supply of Services Act 1980 stipulates what warranties should contain and that they must be honoured but as cgarvey means they cannot take away from the other rights implied by consumer laws e.g. warranty period.
    cgarvey wrote: »
    They can repair, replace or refund, at their discretion.
    unless of course there is a good reason why a repair or replacement would not a be a fair and reasonable outcome.


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    #5
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    Iv already replaced the USB Drive, as it was needed as a mater of urgency and it broke over a period the shop was closed. They offered to replace it, but I said I didnt need another one I wasnt going to use. Plus, it was rather expensive for the size drive I got - I was annoyed at myself for getting it in the first place from them but was left with no choice.

    I wanted cash or card refund, they said they cant do it as the system doesnt allow them, so the only thing they could do was offer a credit note. Not best pleased, I accepted and have used a small (about 2euro) amount. God only knows how long it will take to spend, as its not really a shop that has much ill buy


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    #6
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Sully wrote: »
    I wanted cash or card refund, they said they cant do it as the system doesnt allow them, so the only thing they could do was offer a credit note. Not best pleased, I accepted and have used a small (about 2euro) amount. God only knows how long it will take to spend, as its not really a shop that has much ill buy
    The only other option was to bring them to the small claims court and fight your case there but I don't think you would have won since they did offer a reasonable resolution to the problem i.e. a replacement. Your reasons for not accepting the replacement had nothing to do with them.

    You would have a good case for a refund with good reasons such as: if this was already a replacement item that broke again or if the item was repaired and broke again. If you had a good case for a refund then they would have to (via the small claims court if necessary) give you a refund via your card and if that was not possible, a cash refund.


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    #7
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    So if you buy a dodgy item - they dont have to refund it?

    I wouldnt bother bringing them to court over €37 :p


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    #8
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Sully wrote: »
    So if you buy a dodgy item - they dont have to refund it?
    It totally depends on the circumstances and how long after purchasing that it broke etc. They can offer you a reasonable resolution, they could even offer you what you would consider an unreasonable resolution. There are no hard fast rules as to what should be the resolution thus it is up to the parties to negotiate. If agreement cannot be reached then the consumer must take it to the small claims court and fight his/her case there.

    Generally what would be reasonable is if there is a not a major fault or if the seller can make the item perfect again by repairing (in a reasonable time frame) then a permanent repair is a reasonable resolution (the repair job should not fail, if it does then you could demand a replacement or refund). If there is a reason why you don't want a repair (e.g. would take too long etc) then it would be reasonable to just take a replacement instead (if they can do that and if there would not be a delay). If there is a good reason to just look for a refund (e.g. if the seller cannot repair or replace the item) then a refund can be demanded - just remember the seller may not always agree with what the consumer thinks is reasonable and vice versa thus the two parties may have to bring in the law and let the small claims court decide. Its always about what is reasonable and fair.
    Sully wrote: »
    I wouldnt bother bringing them to court over €37 :p
    It would be a waste considering it would cost you €15.


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