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A New replacement item?

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  • 13-01-2012 11:05pm
    #1
    ppink
    Registered Users Posts: 1,458 ✭✭✭


    Are you entitled to a brand new replacement item for an item that was faulty.?


Comments

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    #2
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    You're entitled to one of the following: a refund, replacement or repair.

    It is up to the retailer and you to come to a mutual agreement. You are not automatically entitled to a replacement.


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    #3
    ppink
    Registered Users Posts: 1,458 ✭✭✭ppink


    ok thanks. the shop had already agreed to a new replacement item but gave us a second hand one instead.


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    #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,320 CMod ✭✭✭✭Nody


    ppink wrote: »
    ok thanks. the shop had already agreed to a new replacement item but gave us a second hand one instead.
    Nothing in the law states that your replacement has to be new.


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    #5
    Nonoperational
    Registered Users Posts: 7,401 ✭✭✭Nonoperational


    Could be refurbished but would have to be in good condition.


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    #6
    Ronin247
    Registered Users Posts: 1,256 ✭✭✭Ronin247


    ppink wrote: »
    Are you entitled to a brand new replacement item for an item that was faulty.?
    ppink wrote: »
    ok thanks. the shop had already agreed to a new replacement item but gave us a second hand one instead.

    From the sticky on your consumer rights


    Your rights when things go wrong

    If goods are not of merchantable quality or are not fit for their purpose or are not as described the consumer is entitled to a remedy.

    If the reason for the complaint is not trivial and is discovered soon after purchase, the consumer is entitled to reject the goods and insist on a full refund provided prompt action is action is taken.

    If the goods have been used for some time, or if there is undue delay in making the complaint, or if there is reason to believe that the goods have been accepted, the consumer's entitlement, at best, may be to a repair or to a partial refund.

    There are no hard and fast rules as each case has to be considered on its merits.

    You are entitled to a new item if the original item was faulty when purchased. Ask for your money back and purchase a brand new item yourself.Do not accept a second hand item if you don't want to.


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    #7
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Ronin247 wrote: »
    ...
    You are entitled to a new item if the original item was faulty when purchased. Ask for your money back and purchase a brand new item yourself.Do not accept a second hand item if you don't want to.
    That's too strong a position to take on the basis of the small amount of information given by OP. The last line of the bit you quoted is worth reading again:
    There are no hard and fast rules as each case has to be considered on its merits.


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    #8
    ppink
    Registered Users Posts: 1,458 ✭✭✭ppink


    Thanks all. It is a tablet pc and would not hold its charge at all so really could not be used except when plugged in which would defeat the purpose. Shop offered refund or new item and we went with new item, had to wait 2 weeks as they had none in. Got it home and it was already open, protective screen removed and screen marked and filthy.......but held its charge.
    unfortunately for someone else it also had their photos on it!


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    #9
    jjanderton
    Closed Accounts Posts: 19 ✭jjanderton


    I think it's quite unfair from a consumer's point of view as if you bought a new piece then replacement should be of equal quality, I mean item should not be second hand as you have paid the price for a brand new item.


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    #10
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    jjanderton wrote: »
    I think it's quite unfair from a consumer's point of view as if you bought a new piece then replacement should be of equal quality, I mean item should not be second hand as you have paid the price for a brand new item.

    Indeed, however the OP doesn't mention how old his tablet pc was.
    It's not unreasonable to be offered one of equivalent price and age but if it was only a couple of months old I would expect a new one in a factory sealed box.


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    #11
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Given that you had a new tablet PC, then I would expect the replacement to be comparable.

    It's a different story if you had the tablet for a while, as you would have taken some economic advantage from it.

    Regarding the photos, I would get back to the retailer and let them know about the photos - it could be regarded as a breach of privacy.


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    #12
    Ronin247
    Registered Users Posts: 1,256 ✭✭✭Ronin247


    Ronin247 wrote: »
    There are no hard and fast rules as each case has to be considered on its merits. [/B]

    You are entitled to a new item if the original item was faulty when purchased. Ask for your money back and purchase a brand new item yourself.Do not accept a second hand item if you don't want to.
    P. Breathnach wrote: »
    That's too strong a position to take on the basis of the small amount of information given by OP. The last line of the bit you quoted is worth reading again:

    It is not too strong IF the item was faulty when purchased.It is your right to request a full refund.


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    #13
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Ronin247 wrote: »
    It is not too strong IF the item was faulty when purchased.It is your right to request a full refund.

    You are entitled to request anything; the question is whether you are entitled to receive it.

    You can refuse a replacement that is below an appropriate standard; the trader might then offer a suitable replacement (new for new; nearly-new for nearly-new, whatever is appropriate).


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    #14
    Ronin247
    Registered Users Posts: 1,256 ✭✭✭Ronin247


    P. Breathnach wrote: »
    You are entitled to request anything; the question is whether you are entitled to receive it.

    You can refuse a replacement that is below an appropriate standard; the trader might then offer a suitable replacement (new for new; nearly-new for nearly-new, whatever is appropriate).

    OK let me simplify this.

    You have a legal right to a full refund of your money IF the goods are faulty at time of purchase.

    It is a legal right enforceable in small claims court.

    You may refuse replacements,repairs and store credit notes or vouchers,you are Legally entitled to cash or cheque or if purchased by card to have the amount refunded to that card.

    http://www.nca.ie/nca/faultygoods


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    #15
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Ronin247 wrote: »
    OK let me simplify this.

    You have a legal right to a full refund of your money IF the goods are faulty at time of purchase.

    Actually, I would beg to differ. You have a legal right to a replacement, repair or refund. You can of course refuse repairs or replacements, but the refusals have to be on reasonable grounds. If you take the case to the SCC, and it transpires that you declined reasonable offers, then it will be hard for a judge to find in your favour.

    The law is a little vague here, so as to allow room for manoeuver between the retailer and consumer in order to find the "reasonable" agreement.


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    #16
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    dudara wrote: »
    Actually, I would beg to differ. You have a legal right to a replacement, repair or refund. You can of course refuse repairs or replacements, but the refusals have to be on reasonable grounds. If you take the case to the SCC, and it transpires that you declined reasonable offers, then it will be hard for a judge to find in your favour....

    I would go so far as to say that it is a near-certainty that a judge would find against you[1]. The repair/replace/refund set of remedies has existed since the Sale of Goods Act 1893 (perhaps even before that, but I am too young to remember that far back) and there is plenty of precedent that establishes that the seller has the option of choosing which remedy to apply - subject to its being reasonable in the circumstances of the particular case.

    [1] Given the proclivities of some judges, I say near-certainty when I really should be in a position to say certainty.


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