Two questions - one about Des Kelly's, one about Meteor

mackmuffin

Sorry for asking two things but I figured it's better than clogging the place with two threads when only one is necessary

So, Des Kelly's - My mother purchased some bunk beds from them. She saw the ones she liked on display, asked the assistant about them, he agreed to sell her a set of those particular beds (obv not the display ones!), she paid, arranged delivery, all done.

Beds arrive while my mother is out. Pre-arranged for myself to be in the house (I had not been in the shop buying them) and for a carpenter to put them up. Beds put up, mother arrives in the door and realizes that they're the wrong beds!

They're similar to the ones she ordered, but not the same. The packaging photograph is of the ones she paid for, but what's in the box is different. She called Des Kelly's up and they said that before they could do anything, they needed to come to the house and take photographs of them. They also said that the kids could not sleep in them (which is understandable of course), but left us waiting 2 days so the kids had to sleep on a couch and in my bed. They were meant to be here first thing this morning to take these pics but haven't shown up yet. When my mum was talking to the manager, he claimed that the beds are an "upgraded" version of the ones my mother ordered. If anything, they look worse than the picture displayed on the packaging. My mother hates the beds because they look quite different to what she had ordered, the color is different so it doesn't match the other furniture she bought, etc.

What are her rights here? She doesn't want a refund, she just wants the beds that she paid for and that were displayed in the store and displayed on the packaging. They say that they don't stock them anymore, so she would like a replacement for a different set of beds. They refuse to give an answer until they've seen the beds and taken photos of them. Is she within her rights to ask for the beds to be replaced, what with them having been erected? Nobody has slept in them and we still have all of the original packaging.



Anyway, Meteor - I bought a phone from them about 2 weeks ago. They have a 28 day refund policy if there's a fault. Do they have to honour this if you don't have the packaging? I don't have all the original packaging but I have all the boooklets and whatnot that came with the phone, the fault is very evident and I have a dated receipt with the time and seller on it. The phone freezes non stop when I'm texting, using the net, etc, and freezes for a good 20 minutes, until I eventually get sick of it and remove the battery. I've not passed the 28 day time limit for their policy but don't have the packaging. In the case of something being faulty, do you NEED the packaging?


Sorry for the super long thread!

jor el

mackmuffin wrote: »

What are her rights here? She doesn't want a refund, she just wants the beds that she paid for and that were displayed in the store and displayed on the packaging. They say that they don't stock them anymore, so she would like a replacement for a different set of beds. They refuse to give an answer until they've seen the beds and taken photos of them. Is she within her rights to ask for the beds to be replaced, what with them having been erected? Nobody has slept in them and we still have all of the original packaging.

If they don't stock the one's she wanted, then she'll get a refund or a replacement with something she does want. They should do this in a reasonable time frame, but there is no specific definition of this in law, as it would depend on the circumstance. You're always better putting any complaint in writing too, and specify a time in which you want a resolution.

On the phone question, you don't need the packaging to return a faulty item.

tommy21

mackmuffin wrote: »

Sorry for asking two things but I figured it's better than clogging the place with two threads when only one is necessary

So, Des Kelly's - My mother purchased some bunk beds from them. She saw the ones she liked on display, asked the assistant about them, he agreed to sell her a set of those particular beds (obv not the display ones!), she paid, arranged delivery, all done.

Beds arrive while my mother is out. Pre-arranged for myself to be in the house (I had not been in the shop buying them) and for a carpenter to put them up. Beds put up, mother arrives in the door and realizes that they're the wrong beds!

They're similar to the ones she ordered, but not the same. The packaging photograph is of the ones she paid for, but what's in the box is different. She called Des Kelly's up and they said that before they could do anything, they needed to come to the house and take photographs of them. They also said that the kids could not sleep in them (which is understandable of course), but left us waiting 2 days so the kids had to sleep on a couch and in my bed. They were meant to be here first thing this morning to take these pics but haven't shown up yet. When my mum was talking to the manager, he claimed that the beds are an "upgraded" version of the ones my mother ordered. If anything, they look worse than the picture displayed on the packaging. My mother hates the beds because they look quite different to what she had ordered, the color is different so it doesn't match the other furniture she bought, etc.

What are her rights here? She doesn't want a refund, she just wants the beds that she paid for and that were displayed in the store and displayed on the packaging. They say that they don't stock them anymore, so she would like a replacement for a different set of beds. They refuse to give an answer until they've seen the beds and taken photos of them. Is she within her rights to ask for the beds to be replaced, what with them having been erected? Nobody has slept in them and we still have all of the original packaging.



Anyway, Meteor - I bought a phone from them about 2 weeks ago. They have a 28 day refund policy if there's a fault. Do they have to honour this if you don't have the packaging? I don't have all the original packaging but I have all the boooklets and whatnot that came with the phone, the fault is very evident and I have a dated receipt with the time and seller on it. The phone freezes non stop when I'm texting, using the net, etc, and freezes for a good 20 minutes, until I eventually get sick of it and remove the battery. I've not passed the 28 day time limit for their policy but don't have the packaging. In the case of something being faulty, do you NEED the packaging?


Sorry for the super long thread!

Can't really offer much concrete advise on the first matter. Was the carpenter from that shop or did you hire one herself? Did anyone sign for anything in her absence? I would feel that she is perfectly within her rights to demand the product she ordered. Give them time to sort it. If they won't play ball, put it all politely in a letter and send it via registered post to them asking for a manager to give a final decision on it, giving them 2 weeks to sort it. If not, then to the Small Claims Court you go. Hopefully won't come to this.

On the second matter, I am in the exact same situation. I bought a phone via Meteor Online, worked perfectly but the hold button was dodgy from out of the box. Sent it back Thursday so hoping they will sort it. You would need the original packing generally if sending it back online (for instance without the box I would not have had anywhere to place phone safely in transit). However, when I used to work in O2 retail, if a customer came back in your scenario, we would swap the handset only. So you keep all your accessories etc, get a new phone, and we would send the faulty phone back to O2 in the "new" box. Hopefully something similar. If your within 28 days with original receipt, demand a new phone. Do not accept a repair!

mackmuffin

Thanks guys.

Des Kelly's came out yesterday, with the exact same set of beds to replace what we had. We refused, obviously, because they were not the beds that we saw advertised and were not the ones on the picture on the box or the ones we had been told we were buying.

They've said there's nothing they can do, they refuse to replace, refund or remove the beds from the house.

Don't know what to do now, the mother asked them to get on to their head office but nothing has happened. this'll be the 5th night that the kids have to sleep on sofas because of this issue.

tommy21

mackmuffin wrote: »

Thanks guys.

Des Kelly's came out yesterday, with the exact same set of beds to replace what we had. We refused, obviously, because they were not the beds that we saw advertised and were not the ones on the picture on the box or the ones we had been told we were buying.

They've said there's nothing they can do, they refuse to replace, refund or remove the beds from the house.

Don't know what to do now, the mother asked them to get on to their head office but nothing has happened. this'll be the 5th night that the kids have to sleep on sofas because of this issue.

Strange they won't fix it, they are obviously banking on you just accepting their offer. Seems bizarre that they offer to replace the problem with the same problem - are the colours different or something?
You never answered two important questions:
1) Was the carpernter from the shop or hired seperately?
2) Did whoever in the house at the time the beds were delievered sign anything that stated the beds had been delivered intact etc. or words to that effect? (If they did then obviously case not as strong but follow the advice below anyway)

Here is what I would do:
Send a registered letter (or fax if possible, it will be quicker) to the head office. Be polite but firm, outlining your case and that you wanted to sort it with the local branch but they would not fix the problem to your satisfaction. Explain that the children have now had 5 nights without a proper bed and that you will give them one week to either provide the original order as exactly specified (and remove the incorrect version) or to provide an immediate refund. Explain that otherwise you will make at a minimum a Small Claims Court application or in addition may seek legal advice if the matter cannot be rectified. Give as much detail on the dates, and people you dealt with, enclose copies (not originals) of receipts and orders to the head office. Above all be polite, and reasonable but at the same time make it clear you are not going to go away or be fobbed off with the lame excuse that "there is nothing we can do". Under law you are entitled to get what you paid for. Obviously as I said if you signed or someone signed that you received the goods (the small print in this case would usually release them from any liability in terms of damage etc. to the goods during delivery) then your case may not be so clear cut and you may have to depend on their goodwill, hence being polite in the letter (which is common decency anyway!). If you hired your own carpenter, then it may be more difficult to recoup this cost. If you want some advice on small claims court application, feel free to drop me a pm. Plenty of threads on boards.ie as well. Good luck!

mackmuffin

Whoops, sorry, here's the answers to those questions -

1) Was the carpernter from the shop or hired seperately?

Yes, he was separately. We don't expect them to pay for that or even want them to pay for it, we just want the right beds :P

2) Did whoever in the house at the time the beds were delievered sign anything that stated the beds had been delivered intact etc. or words to that effect?

Nope, they just handed us a receipt, which I've checked very carefully and it has nothing on it that would absolve them of any responsibility, it just says that we paid X amount for the beds and they were delivered on such a date. Nothing signed though, by us or by them.

We also have a recording of them agreeing that we were given the wrong beds. The set that they brought out was literally the exact same, same colour and everything

I'm going to send a letter by registered post as you suggested because it's gone beyond a joke now. Every time we call, the manager has his staff say he's not in today (funny that, because when I myself called and asked casually to speak to "John," I was told he was with a customer and could call me back, and they refuse to acknowledge us now when we do get through (like when I got through earlier).

tommy21

mackmuffin wrote: »

Whoops, sorry, here's the answers to those questions -

1) Was the carpernter from the shop or hired seperately?

Yes, he was separately. We don't expect them to pay for that or even want them to pay for it, we just want the right beds :P

2) Did whoever in the house at the time the beds were delievered sign anything that stated the beds had been delivered intact etc. or words to that effect?

Nope, they just handed us a receipt, which I've checked very carefully and it has nothing on it that would absolve them of any responsibility, it just says that we paid X amount for the beds and they were delivered on such a date. Nothing signed though, by us or by them.

We also have a recording of them agreeing that we were given the wrong beds. The set that they brought out was literally the exact same, same colour and everything

I'm going to send a letter by registered post as you suggested because it's gone beyond a joke now. Every time we call, the manager has his staff say he's not in today (funny that, because when I myself called and asked casually to speak to "John," I was told he was with a customer and could call me back, and they refuse to acknowledge us now when we do get through (like when I got through earlier).

Yeah definately time to send that letter - make sure its to the head office, sounds like you would just waste a week sending it to the local branch. Unfortunately your recording has no standing (and may in fact be illegal) as you have to get permission to record someone for it to stand up in court - hence any time you ring an insurance company you get the standard guff "calls may be recorded for quality ... blah"

lovelyhurler

Mackmuffin,

This is my first post here - had to sign up when i read about your troubles.
I had the same experience about 6 years ago when we moved into our new house.
We had ordered floor covering from Des Kellys which ended up being about 6 weeks late in arriving. When it did it was the wrong covering. Then we ended up having 3 installation dates and times in which the installers failed to show.

When everything did get installed we wrote a very strong worded letter of complaint to the shop in question and to head office.
We were basically ignored by the company.
We ended up writing a further 2 letters of complaint before other people had said to us that we were waisting our time.
We never got so much as an acknowledgement from them.

Basically what I'm saying is go ahead a write a letter of complaint to them, but do not expect any form of customer satisfaction in return from them - they're useless at that. It's almost as if they don't care.

We swore after that episode that we would never deal with them agan, and we haven't in the 6 years since. I'd sooner pay a bit extra and have decent customer friendly service.

dudara

The items are not as described. Therefore you are entitled to a refund, repair or replacement.

Registered letter to the store and HQ is the way to go now. Offer them 10 working days to resolve the issue, or you will lodge a claim in the Small Claims Court.