MicksGarage.ie Returns Policy??

eire2009

I had been working on my car for a couple of months because I was having an intermittent problem with the engine cutting out it turns out it was a new part I had installed was faulty and causing the problem. I have sent and received the following e-mails.
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Dear Sir/Madam

I had bought an Airflow Meter off you some time ago as I was having problems with my car cutting out at the time. I had fitted your airflow meter and as there was no change continued adding parts which have included, New spark plugs,temperature sensor,crank sensor,diagnostic test and changing of the parameters(50 euro) and a lot of labor. All to reverted back to a faulty airflow meter which was bought from you some time ago. The part was suppost to be for an alfa 156 1.8 TS (2000) I'm not sure if the part is wrong or faulty but it was the problem with my car. I still have the original packaging and I am wondering where I can go from here with it. I have in-closed the receipt.

Regards,

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[/FONT]Date: Fri, 23 Jul 2010 10:28:31 +0100
From: info@micksgarage.ie
To:

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@hotmail.com
Subject: TID 011168 Re: RE: Your order has been received by MicksGarage.ie

Hi

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,

We have a seven day return policy here and as such do not accept any returns back outside of that period. However all electronic parts, like air-flow meters, do come with a one year warranty. If you can provide diagnostic print outs from a main dealership (in this case a Fiat/Alfa dealer) showing a fault code relevant to a faulty air flow meter we will return the part to the manufacturer in England (along with said diagnostic paperwork) and have them do their own investigation. Should they deem it to be a faulty part due to the fault of the part itself and not that of any outside influences (like a faulty ECU) then a replacement part will be supplied to you. Should they deem that the part is operating as it should be or has been contaminated by an outside influence then the original part will be supplied back to you.

Also, it is important to note that no return for an examination can be proceed without the diagnostic paper work and that this proceedure can take upwards of 6/8 weeks to be completed.

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Regards,

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Me,

If I put your new meter in the car it cuts out intermittently when it heats up. Put the Old meter in problem goes away I originally thought it was a problem with the throttle body or a sensor had went seen as I was working on multiple objects at the same time. I hadn't expected that a new part could be faulty.
You hardly expect me to put the faulty MAF back in the car, waste time,petrol and 50 euro on a diagnostic test to prove that there is a problem with the car with your faulty MAF sensor attached. Even if I was stupid enough to do that there is no fault code relevant to the MAF sensor on alfa 156 from my knowledge.

I have deemed your part to be faulty it has cost me a lot of time and money fault finding this problem I dont deal with your suppliers you do. When I made the purchase, the contract is with the seller of the goods you and if there is a problem with the product it is up to you to put things right. By supplying your customers with such faulty parts you are endangering your customers with such negligence that you could leave leave yourself open to legal action if an accident does occur. I cannot be expected to wait 2 months for a new MAF sensor I have already lived with the burden of a sub standard sensor for 2 months are you suggesting that I should have to put up with another old one for another 2 months because of your suppliers faulty equipment.

Do you honestly think I am seeking a replacement because the MAF supplied is fully functional.

Your policies do not effect my rights as a consumer what ever they are or however they are stated. I will take this further if my simple rights as a consumer are not adhered to. It will end up costing your company more than a simple replacement of a faulty good.

Regards,

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I am fairly sure I am within my rights their request and response is unacceptable especially if I have to wait 2 months for a new one. The part only cost 70 euro its the principle of the matter and the fact that it has caused me so much bother.

What do you guys think ..


Can they put a time limit on their returns of faulty equipment?
Can they demand a diagnostic report?
Can they make me wait 2 months for a replacement?

dudara

You should not publish correspondance between you and a third party without approval from that third-party.

dudara

eire2009

Your saying I cant discuss what response I am getting from a legitimate claim. I looking for advice on if they are acting appropriately. I didnt post the name, if that's the way they are treating their customers why should it be kept a secret.

If you get a new set of break pads off them and they fail after 2 weeks and nearly kill you .. And there response is pay a garage to get a print out to make sure that they are broken and we`ll sent them off to our suppliers if the suppliers think they are faulty we`ll replace them in 8 weeks. WTF like

dudara

eire2009 wrote: »

Your saying I cant discuss what response I am getting from a legitimate claim. I looking for advice on if they are acting appropriately. I didnt post the name, if that's the way they are treating their customers why should it be kept a secret.

You posted a private conversation online. Instead you should have posted a synopsis of the conversation rather than the actual text.

Guy:Incognito

eire2009 wrote: »

If you get a new set of break pads off them and they fail after 2 weeks and nearly kill you .. And there response is pay a garage to get a print out to make sure that they are broken and we`ll sent them off to our suppliers if the suppliers think they are faulty we`ll replace them in 8 weeks. WTF like

Well you would obviously have to prove the brake pads were responsible.

You dont think you just email them telling them you bought pads off them , then crash 2 weeks later and asking for an amount to send you do you?

They are entitled to proof that their parts caused the problem.

eire2009

Sorry Dudara I will know the next time..

eire2009

Stekelly wrote: »

Well you would obviously have to prove the brake pads were responsible.

You dont think you just email them telling them you bought pads off them , then crash 2 weeks later and asking for an amount to send you do you?

They are entitled to proof that their parts caused the problem.

I get what you are saying if it was in response to a claim for negligence or duty of care then definitely you would need an independent professional opinion..

But this part is an electronic part and all I want is a replacement because it is faulty ..

If you bought a tv and after evey few hours it knocked off and you had to turn it back on again, you return the tv asking for a replacement and they tell you to go off and pay for a print out from a tv repair guy to say its broken and its not the electricity cutting out every few hours.. The print out costs 70 the tv cost 100 and even with the print out your left without a tv for 2 months ..

They are not exactly giving me many options .. The faulty part should be just replaced

ejmaztec

eire2009 wrote: »

I get what you are saying if it was in response to a claim for negligence or duty of care then definitely you would need an independent professional opinion..

But this part is an electronic part and all I want is a replacement because it is faulty ..

If you bought a tv and after evey few hours it knocked off and you had to turn it back on again, you return the tv asking for a replacement and they tell you to go off and pay for a print out from a tv repair guy to say its broken and its not the electricity cutting out every few hours.. The print out costs 70 the tv cost 100 and even with the print out your left without a tv for 2 months ..

They are not exactly giving me many options .. The faulty part should be just replaced

I see in your email response that you mentioned there being no MAF fault code. I'm pretty sure that there is a code for all cars with a MAF, including Alfa 156s.

From Mick's Garage point of view, they've no way of telling whether the MAF was defective when they sold it to you, or became defective during fitting, or even whether it has a defect.

If I knew that I hadn't damaged the MAF, I'd be pretty pissed off having to fork out for a diagnostic print-out. The whole idea of buying after-market parts is so that you can save on garage bills, and not be forced into one to prove that a part was defective.

I would telephone them and try and reason with them.

mdebets

eire2009 wrote: »

I get what you are saying if it was in response to a claim for negligence or duty of care then definitely you would need an independent professional opinion..

But this part is an electronic part and all I want is a replacement because it is faulty ..

If you bought a tv and after evey few hours it knocked off and you had to turn it back on again, you return the tv asking for a replacement and they tell you to go off and pay for a print out from a tv repair guy to say its broken and its not the electricity cutting out every few hours.. The print out costs 70 the tv cost 100 and even with the print out your left without a tv for 2 months ..

They are not exactly giving me many options .. The faulty part should be just replaced

But your case is much more complicated than a TV.
With a TV it's very easy. If it is faulty, you return it, they check it and if the fault wqas not caused by you, they repair, replace or refund you.

In your case, it's much more complicated. You have bought a part and fitted it in a larger object (your car). There are several things that could have happened. The part you bought could be faulty, you could have fitted it incorrectly, some other parts in your car could cause the fault, or a combination of all of them. |
The company you bought from doesn't need yo take your word that their part is faulty. They have to check it for themselves. They could either request that you send them your car, so that they can check it themselves (they might not have the facilities for this or it might be inconvenient for you). Instead they offer that you get the test done yourself and provide them with the result. If the result confirms the error being their part, they will repair, replace or refund you. So far their procedure seems correct to me.
The only thing you should clarify is that they have to pay for the test if it proves that the fault was caused by their part.

mdebets

ejmaztec wrote: »

If I knew that I hadn't damaged the MAF, I'd be pretty pissed off having to fork out for a diagnostic print-out. The whole idea of buying after-market parts is so that you can save on garage bills, and not be forced into one to prove that a part was defective.

If they would just take his word for it, everyone who had bought from them and damaged the part while fitting it, would call them and claim that the part was defective.

They need to make sure that they only refund parts that were really defective. The only way to do this is to do a proper diagnostic print-out.

ejmaztec

mdebets wrote: »

If they would just take his word for it, everyone who had bought from them and damaged the part while fitting it, would call them and claim that the part was defective.

They need to make sure that they only refund parts that were really defective. The only way to do this is to do a proper diagnostic print-out.

ECU code readers are available for all manner of cars for a few quid, and would be a necessary piece of equipment for the DIY motorist.

I would expect the retailer to have it tested if the fault code was still there, and I would feel justified in sending it back to him. The retailer in this case hasn't got the proper equipment, or he wouldn't be sending the MAF back to his supplier for testing.

Whether the MAF was defective when it was bought, or made defective during fitting, the fault code would be the same. It would need specialist test-equipment (e.g., the manufacturer's) to prove whether the damage was self-inflicted or not.

Sam Hall

I bought a faulty product (snow socks) from Micksgarage.ie and they are insisting that they will only provide me with a replacement rather than a refund.

Their T&Cs state that refunds are only offered for faulty goods if returned within 7 days. In my case I discovered and reported the problem within 3 days of receipt and offered to return the goods. However, they told me that they would have to await the manufacturer’s decision so I held on to the goods until a month later when they finally acknowledged that the goods were defective.

They firstly tried to fob me off by stating that under the manufacturer’s warranty I am only entitled to a replacement not a refund. Their second line of defence is that I did not return the goods within 7 days so it is outside their T&Cs, even though it was through their advice that I delayed returning the goods.

I should be grateful for any advice that anyone can give as to my right to a refund rather than replacement.
Would I be likely to succeed in the Small Claims Court or am I wasting my time?

It is not about the money (€87 including return postage) it is a matter of principle as I do not think they have acted in a customer focused manner.

dudara

You have no automatic right to a refund. You should be offered one of the 3 Rs - Repair, replacement or refund. It is at the retailer's discretion which one is offered, but it must be reasonable.

91011

eire2009 wrote: »

By supplying your customers with such faulty parts you are endangering your customers with such negligence that you could leave leave yourself open to legal action if an accident does occur.

You're accusing them of negligence & endangering their customers??? - Do you expect them to fit every item they sell onto a car and test it before sending it out to you??

Unless you are an expert in law, I wouldn't include crap like this in any correspondance. - It will simply mean they will stand by their exact T&C's and won't budge for you.

Can you say 100% that you fitted the part and all the relevant attached parts 100% correctly???

dudara

@91011 - Please note that this thread has been resurrected by another poster. The original topic has expired.

dudara

eire2009

91011 wrote: »

You're accusing them of negligence & endangering their customers??? - Do you expect them to fit every item they sell onto a car and test it before sending it out to you??

Unless you are an expert in law, I wouldn't include crap like this in any correspondance. - It will simply mean they will stand by their exact T&C's and won't budge for you.

Can you say 100% that you fitted the part and all the relevant attached parts 100% correctly???

negligence & endangering their customers??? They are if they are knowingly selling faulty equipment although the main liability would be with the manufacturer if they didnt know ..

their exact T&C's and won't budge for you. Their T&C don’t mean a thing legally as they still have to comply with consumer law..



Yes I am 100% sure its was their new faulty part causing the problem. And no the part is easily fitted a bit like a fuse and definitely wasn’t damaged by me putting it in..

I was going to take them to small claims court, although I figured it would take a while and the chances of me being in the country were slim ..


I am currently abroad..

Sam Hall

Thanks Dudara.


Not the answer I wanted to hear but I thought the Sale of Goods Act was a bit vague about who has the discretion on the remedy. I should have posted before I got so arsey with them!


Is it ok to resurrect an expired thread or should I have started a new one?

slimjimmc

Sam Hall wrote: »

Thanks Dudara.


Not the answer I wanted to hear but I thought the Sale of Goods Act was a bit vague about who has the discretion on the remedy. I should have posted before I got so arsey with them!


Is it ok to resurrect an expired thread or should I have started a new one?

The Sale of Goods and Services Act says that the business can choose which remedy they offer, but there is no obligation on the consumer to accept that offer. Neither party can impose a specific remedy, the remedy should be negotiated. If the consumer is not satisfied he/she can ask the SCC to make a binding ruling.

The T&Cs form part of the contract and they must honour them. It would help if you have any record that they advised you to delay returning the goods rather than you deciding to keep possession until they got back with an answer.

91011

eire2009 wrote: »

negligence & endangering their customers??? They are if they are knowingly selling faulty equipment

Do you really think a reputable company is going to knowingly sell a piece of faulty equipment?????????

Sam Hall

The T&Cs form part of the contract and they must honour them. It would help if you have any record that they advised you to delay returning the goods rather than you deciding to keep possession until they got back with an answer.[/QUOTE]


Thank you for your advice, much appreciated.

Reviewing the correspondence I can see that there was actually no specific instruction from the retailer advising me not to return the goods. The advice they gave was that I would have to await the decision of the manufacturer. I interpreted this to mean that there was no point in sending back the goods unless the manufacturer agreed that the goods were defective.
The reason I do not want a replacement is that the product failed me when I really needed it (during the snow). Providing me with a replacement now is just too late. I'm tempted to spend my €15 at the SCC and see what happens.

renaldowal

hi , i am trouble with these guys too heres my problem...
i purchased 3 parts worth 103E and due to a site crash i reordered them again . i recieved the parts twice and was charged twice , obviosly the first order went through. so, told them about it and yea no problem they sent a returns number. i decided to return them personally so with my friend i drove into them walked into their office handed it over and was told thats grand refund will be given either that day or the next.
Now they have lost the parts i have no proof i gave it too them , they have no cctv and no one remembers, their answer to this was that i do a line up with them to find the culprit , customer service sent that to me in an email .what a joke, anyway i refused . thing is that they have my money and my parts are somewhere in their possesion, they refuse to pay my refund on the grounds that they cant find them.
In court obviously i would win ,or would i??????? as i have a witness and they have no proof that they have not recieved them

any one have any advice pls

slimjimmc

It's up to you to prove you returned the parts, they've no record you did so that's strengthens their position that you didn't. I'm not sure if the SCC will rule on this , I expect they will but I can guess the first question they'll ask is why didn't you get a returns receipt when you returned the parts.

eire2009

renaldowal wrote: »

hi , i am trouble with these guys too heres my problem...
i purchased 3 parts worth 103E and due to a site crash i reordered them again . i recieved the parts twice and was charged twice , obviosly the first order went through. so, told them about it and yea no problem they sent a returns number. i decided to return them personally so with my friend i drove into them walked into their office handed it over and was told thats grand refund will be given either that day or the next.
Now they have lost the parts i have no proof i gave it too them , they have no cctv and no one remembers, their answer to this was that i do a line up with them to find the culprit , customer service sent that to me in an email .what a joke, anyway i refused . thing is that they have my money and my parts are somewhere in their possesion, they refuse to pay my refund on the grounds that they cant find them.
In court obviously i would win ,or would i??????? as i have a witness and they have no proof that they have not recieved them

any one have any advice pls

These guys are gansters,I would have taken them to the small claims court onlyfor I wasnt in the country long enough. Its only a few quid to register a claim. The fact you have a witness and receipt/credit card that you were charged twice should suffice. Think its a 6 month waiting list.

Nody

eire2009 wrote: »

These guys are gansters,I would have taken them to the small claims court onlyfor I wasnt in the country long enough. Its only a few quid to register a claim. The fact you have a witness and receipt/credit card that you were charged twice should suffice. Think its a 6 month waiting list.

Far from it, all he got is proof he ordered a part twice, nothing else. His only proof of returning it is his friend as a witness, want to guess how many they can line claiming they have not received it?

eire2009

Nody wrote: »

Far from it, all he got is proof he ordered a part twice, nothing else. His only proof of returning it is his friend as a witness, want to guess how many they can line claiming they have not received it?

The fact he paid for two, obviously contacted them regarding the return, has a witness, was willing to take them to court regarding the matter, the fact they have no cctv footage should be enough in a civil court to gain 51% of the verdict which is a win in his case.

It will go against him that he refused to do a lineup though. As the company needs to know who received the goods.

Its only 18 euro Id definitely chance it for the money forgetting about the principle.

renaldowal

thanks for the replies. i have decided to do the line up i know there is nothing stoping them denying they got the parts back, but if they do then its on to the small claims court.

renaldowal

well maybe they read this post or their own manager steped in but thankfully they have refunded me without me having to do a line up so problem solved !!!:rolleyes: