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Refund versus Exchange

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  • 05-06-2010 9:24pm
    #1
    Je ne sais pas.
    Registered Users Posts: 65 ✭✭


    Hi all,

    Hope this is ok here.

    I bought an MP3 on my Laser card in a shop, took it home, charged it fully as instructed, put music on etc.

    Anyway after a day realised the battery is not working properly. Tried letting it run down completely, re-charging etc.

    No good, have had it nearly 2 weeks now, battery after "full charge" last max 1.5 hours.

    In my eyes this product doens't work and I am intitiled to a refund, correct?

    I checked the receipt and it says "exchange only", I thought they couldn't do that?

    Haven't had a chance to go back to the shop but will in the next few days, just wanted to know where I stand.

    Many thanks


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    #2
    Shellygoose
    Registered Users Posts: 155 ✭✭Shellygoose


    The "exchange only" on your receipt is the companies own policy on returns. If it was a case where you just simply changed your mind about the product and wanted to return it, then company policy would apply and be to exchange it only, which they are perfectly in their rights to do.

    But because the item is faulty you can argue for a repair, replacement or refund under the Sale of Goods and Supply of Services Act 1980. That states that goods should be of merchantable quality, be as described, be fit for their purpose and have a reasonible lifespan.

    In your case you can state that the battery has not had a reasonible lifespan or is fit for its intended purpose. The act doesnt state which of the 3 R's (repair, replacement, refund) a consumer is entitled to...thats something you'll have to agree with the store, but if your not happy with their offer you can argue it further.

    Check out www.consumerconnect.ie for more info

    Hope that helps :D


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    #3
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    If the product isn't as described or is faulty, you're entitled to a repair, replacement or refund. It's up to the shop which one they offer you (I'd hazard a guess that it'd be a replacement because of the policy on their receipts), and while you're not obliged to accept that, you'd be hard pressed to find any court that'd agree with you if you took it further, because if the shop offers a solution that is legal and fair (such as a replacement or repair), it'll look bad on you to not accept it.


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    #4
    Je ne sais pas.
    Registered Users Posts: 65 ✭✭Je ne sais pas.


    Thanks for the replies.

    Just to let you know, went back there earlier and got a full refund no questions asked. Happy days, I suppose it just depends on the shop.

    I was prepared to argue for a refund because I wouldn't be around for a repair or replacement but didn't need to in the end.

    Thanks again


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