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Advice needed!

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  • 04-10-2011 11:48pm
    #1
    joker87
    Closed Accounts Posts: 32 ✭


    Hi all, hopefully someone here can help me out because im clueless with this stuff. My girlfriend recently went into a shop looking for a camera i was going to buy her for her birthday, they were out of stock but they said if she wanted they could hold one for her when they came in, she said grand and also put a 50 eur deposit down. now that was about a month ago , the camera still has not come in, her birthday is nearly here so she went t try get the deposit back so we culd buy the camera elsewhere and they refused to give it back to her.

    Where do we stand on this does anyone knw?


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    #2
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Deposits are normally not refundable, unless it's allowed for under the terms of the deposit. If no terms were stipulated, then you haven't a lot to go on. Change of mind is not allowed for under consumer law.

    Having said that, it seems that the shop are being unreasonable in not getting the camera as promised, and as such should either get it immediately, or refund the deposit. Did they say how long it would take? Did you get a receipt for the deposit, and were there any conditions attached?


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    #3
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    OP:

    go back in and demand the deposit back. If they say no, tell them you will take them to small claims court. If they still refuse, have your girl take them to court.

    Or else just sit back and take it up the jacksey.

    The shop has not right to retain the deposit this long.


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    #4
    Pkiernan
    Registered Users Posts: 4,310 ✭✭✭Pkiernan


    jor el wrote: »
    Deposits are normally not refundable, unless it's allowed for under the terms of the deposit. If no terms were stipulated, then you haven't a lot to go on. Change of mind is not allowed for under consumer law.

    This does not apply. OP, ignore this post.

    The original party to the contract has not changed her mind; rather the shop has failed to reasonably live up to the contract it entered into with the purchaser when it took a deposit.


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    #5
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Pkiernan wrote: »
    This does not apply. OP, ignore this post.

    The original party to the contract has not changed her mind; rather the shop has failed to reasonably live up to the contract it entered into with the purchaser when it took a deposit.

    It does apply, completely. Deposits are generally non refundable, unless otherwise stated. 1 month may or may not be an unreasonable time frame, it all depends on what was originally agreed to, and if that agreement can be proven. You're stating your opinion as hard fact, which is completely not the case. You cannot demand anything, and a small claims case may or may not be successful.


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    #6
    MonsterCookie
    Registered Users Posts: 957 ✭✭✭MonsterCookie


    Not entirely sure of the legal stance here but I can tell you that a logical conversation with someone in authority in the shop should be all that you need to get this sorted.

    Unless the shop can give you a date by which the camera will be in, and that date satisfies you and your gf, then I think it's only fair that they return the deposit...

    If they don't sort you out, it's bad business in the long run from their point of view and that is why you should deal with someone senior who has the discretion to refund the money, and hopefully the cop on to do the right thing.


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