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Faulty goods, no receipt, what are my rights?

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  • 04-01-2010 12:35pm
    #1
    Registered Users Posts: 318 ✭✭


    I bought a belt in a well known high end retailers with a gift voucher card received through work. When I went to use it it didn't clasp closed properly and it's basically un useable.

    As I said I bought it with a gift card but I've lost the receipt and when i went to return it the store manager tried to pull the "no receipt, no refund" trick even though she admitted that they sell the belt there and that it was faulty. I pointed out I had the gift card and that they should be able to pull the transaction up once they swiped it. I know the day, time, person who served me etc and there is CCTV cameras all over the place that would have me buying the belt. I have to go back when the "gift card person" is in work (which is today) and they'll look at the card. If this fails where do i stand in relation to a refund?


Comments

  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    You're entitled to repair/replacement or refund (whatever the shop decides). They will most likely just replace the belt with another. It's unlikely you'll get a refund, but may get a store credit instead.

    I'm sure they'll be able to dig up your info and the transaction, if you have all your details to hand.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    If it was paid by gift card, then they'll have proof of the transaction somewhere. The manager should have been able to find that herself.

    Anyway, once you establish that, you'll be entitled to a refund/replacement/repair. Refunds are usually issued via the original method of payment.


  • Moderators, Technology & Internet Moderators Posts: 7,404 Mod ✭✭✭✭pleasant Co.


    Once you have your proof of purchase you will be entitled to a repair, a replacement (of the same belt) or a refund. You cannot demand any one of these options over the other, much like the shop cannot force any one of these options on you.

    Where the refund is concerned, as you used a giftcard the value will either be refunded to that giftcard or you may be offered store credit.


  • Registered Users Posts: 7,953 ✭✭✭_Whimsical_


    If you buy something that you immediately find to be faulty and report it to the store in good time then you are entitled to chose a refund over the other two options. It will be refunded in the form you payed in however so it will be another gift card.


  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    chilly wrote: »
    If you buy something that you immediately find to be faulty and report it to the store in good time then you are entitled to chose a refund over the other two options. It will be refunded in the form you payed in however so it will be another gift card.

    Where did you hear that?? Do you have any link/legislation to back that statement up?


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  • Registered Users Posts: 2,859 ✭✭✭Duckjob


    Unfortunately the onus lies with you to provide proof of purchase. By having to rely on the shop to help you provide that proof of purchase your position is significantly weakened.

    Until you can provide proof of purchase, you have no enforcable rights under the Sale of Goods act.

    Moral of the story is always keep your receipts...

    Chilly wrote:
    If you buy something that you immediately find to be faulty and report it to the store in good time then you are entitled to chose a refund over the other two options.

    Absolutely incorrect.

    Neither side has an automatic right to dictate the form of redress. If the 2 sides can't agree, and you decide to pursue it, it will go to Small Claims where it will be adjudicated on.

    However, all of this is academic if OP cannot provide proof of purchase.


  • Closed Accounts Posts: 1,493 ✭✭✭mcaul


    Don't forget that the OP says that he has no receipt so unless he can show some way that the item was purchased in that particular store, then the store does no have to do anything - though in these times I'd be very surprised if a repair or replacement was not offered.

    Even if theer was a receipt, the chances are a small adjustment by a leather specialist would fix the problem and the OP would have to accept that once it is repaired in a way that it can be used for its original purchase. (we don't all hand back cars if the exhaust breaks!)

    The giftcard may be a one for all card, so there will be no specific information regarding a specific purchase made with any specific card.

    If I were the OP, I'd simply look for a repair or a replacement product.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    chilly wrote: »
    If you buy something that you immediately find to be faulty and report it to the store in good time then you are entitled to chose a refund over the other two options. It will be refunded in the form you payed in however so it will be another gift card.


    To the best of my knowledge, this is not true. It is up to the consumer and the retailer to come to an agreement on a replacement/refund/repair. There is no immediate entitlement to one of the three options.


  • Closed Accounts Posts: 208 ✭✭macy9


    The serial number on the back of the voucher (if its a card) is traceable (well it is in our store anyway) and they should be able to look up what purchases were made with the gift card. I would ask for their floor manager/operations manager if it is a big store or write to them. If they have any decency they might at least oblige you with looking up the gift card on their system.


  • Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    if it is one of those mastercard type gift cards that many of the shopping centres give, you may be able to trace the purchases yourself - either by tracing the transactions online (only available on some cards) or by contacting the SC customer service and asking them to give a print off of the transactions on that card.


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