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Does A Company Get To Decide If They Return Or Repair an Item?

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  • 03-09-2012 4:33pm
    #1
    UCDVet
    Closed Accounts Posts: 2,894 ✭✭✭


    I ordered a computer monitor from a retailer in Ireland (online/delivered to my house). It was defective when it arrived. I contacted them the following day.

    I've sent it back (paid out of pocket) and I'm asking for a refund of the sale price.

    The company says I don't have a choice and that they will repair it. I'll get it back 'a few weeks, maybe six at the most'.

    I'm new here and don't know all the laws; is this true?


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    #2
    Micky Dolenz
    Registered Users Posts: 44,080 ✭✭✭✭Micky Dolenz


    This is correct. They can decide which of the three to provide. Shoot a bit louder though and you may get it the way you want it.


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    #3
    PogMoThoin
    Closed Accounts Posts: 13,874 ✭✭✭✭PogMoThoin


    Consumer law says they have to repair or replace. You have no right to ask for your money back unless they fail to repair or replace


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    #4
    Micky Dolenz
    Registered Users Posts: 44,080 ✭✭✭✭Micky Dolenz


    Moved from After Hours


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    #5
    humbert
    Registered Users Posts: 5,238 ✭✭✭humbert


    Is there some caveat that it may not have been fit for the purpose at the time of sale?


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    #6
    stimpson
    Registered Users Posts: 7,821 ✭✭✭stimpson


    You can cancel an online order within 7 working days with no reason:

    http://europa.eu/youreurope/citizens/shopping/online-shopping/returning-unwanted-goods/index_en.htm


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    #7
    UCDVet
    Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    stimpson wrote: »
    You can cancel an online order within 7 working days with no reason:

    http://europa.eu/youreurope/citizens/shopping/online-shopping/returning-unwanted-goods/index_en.htm

    They are saying that because I provided a reason; and plugged in the monitor - I can't.

    I was trying to do the 'right' thing and since the monitor was broken, I didn't want it to end up on the shelf again/shipped to someone else. I marked the checkbox that said 'Defective' instead of 'Cooling Off'.

    They said:
    This applies only to unused items. In this case you have used the item and found it to be defective. As a result of this, the cooling off period automatically becomes null and void and only DOA can be applied.


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    #8
    skinny90
    Registered Users Posts: 2,477 ✭✭✭skinny90


    does that apply in ireland tho?as irish consumer law applies over eu law??


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    #9
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    Micky Dolenz wrote: »
    This is correct. They can decide which of the three to provide.
    That's only partially correct. While the retailer has the right to choose, which of the three Rs (Repair, Replace, Refund) he is going to offer, the customer has the same right to reject this offer.
    If the retailer and customer can't agree, it's going to the SCC and a judge will decide (he will most likely go with what the retailer offered, unless the customer has a very good reason why he rejected the offer).


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    #10
    UCDVet
    Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    mdebets wrote: »
    That's only partially correct. While the retailer has the right to choose, which of the three Rs (Repair, Replace, Refund) he is going to offer, the customer has the same right to reject this offer.
    If the retailer and customer can't agree, it's going to the SCC and a judge will decide (he will most likely go with what the retailer offered, unless the customer has a very good reason why he rejected the offer).

    I'm not sure what is considered 'very good'; but I went out of my way to order an 'in-stock' item because I need to be able to use my computer for work and school. I can't 'not use it' for 'up to six weeks' while I wait for the retailer to fix the monitor they sold me.

    I could understand if I had used the monitor for several months or something.

    Anyway, because I do need to have access to a computer at home; I purchased a new monitor before I sent back this defective one.

    It's not the end of the world - but I don't want two monitors if I can avoid it....but it sounds like I can't. In the future I'll have to be more aware of these things.

    Thanks for all the info.


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    #11
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    UCDVet wrote: »
    They are saying that because I provided a reason; and plugged in the monitor - I can't.

    I was trying to do the 'right' thing and since the monitor was broken, I didn't want it to end up on the shelf again/shipped to someone else. I marked the checkbox that said 'Defective' instead of 'Cooling Off'.

    They said:
    This applies only to unused items. In this case you have used the item and found it to be defective. As a result of this, the cooling off period automatically becomes null and void and only DOA can be applied.
    That's incorrect. The cooling off period applies especially to used items. It was specifically invented, so that the buyer has the same opportunity as he would in a shop, to try out the item before he buys.

    Are you still within the 7 days period after delivery?
    If you are, contact them immediately and tell them that you want your money back, because you changed your mind.
    If you outside the 7 days period, I'm not sure what the procedure is, as you tried to invoke it in time, but they refused. You should try and contact a citizen advice bureau, to get legal advice for this.


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    #12
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    A few points:

    Distance Selling Regs allow unpacking to the minimum standard required to inspect the goods. Plugging it in finding its faulty is probably that but who knows - I wouldn't be returning it under distance regs as you'd have to pay for post.

    An item can be repaired or replaced. The refund thing is something you can negotiate as you them sending around Penelope Cruz. It's not a right per se. What is your right is the repair or replacement within a reasonable time frame. Six weeks to me seems unreasonable.

    I would suggest you write a letter stating if you don't have a resolution and a refund of your postage, within ten working days, you will be taking it to the matter to the Small Claims Court.

    BTW without naming them - would this be a crowd with a .ie website based in France or the one with a Talk To:Forum here and based in the Netherlands?


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    #13
    UCDVet
    Closed Accounts Posts: 2,894 ✭✭✭UCDVet


    Procrastastudy wrote: »
    A few points:

    Distance Selling Regs allow unpacking to the minimum standard required to inspect the goods. Plugging it in finding its faulty is probably that but who knows - I wouldn't be returning it under distance regs as you'd have to pay for post.

    An item can be repaired or replaced. The refund thing is something you can negotiate as you them sending around Penelope Cruz. It's not a right per se. What is your right is the repair or replacement within a reasonable time frame. Six weeks to me seems unreasonable.

    I would suggest you write a letter stating if you don't have a resolution and a refund of your postage, within ten working days, you will be taking it to the matter to the Small Claims Court.

    BTW without naming them - would this be a crowd with a .ie website based in France or the one with a Talk To:Forum here and based in the Netherlands?

    They do have Talk To forum here.

    I did pay the post (20 euro), but hadn't figured I'd go through the hassle of trying to get it refunded. They say they'll refund it if I ship it via the cheapest method - but they also say I'm liable for damages if it gets lost. So I paid 20 euro instead of 17 for the registered post option.

    To be fair to them, they said it would 'probably' be only a week or two - but could be as long as six weeks.


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    #14
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    UCDVet wrote: »
    They do have Talk To forum here.

    I did pay the post (20 euro), but hadn't figured I'd go through the hassle of trying to get it refunded. They say they'll refund it if I ship it via the cheapest method - but they also say I'm liable for damages if it gets lost. So I paid 20 euro instead of 17 for the registered post option.

    To be fair to them, they said it would 'probably' be only a week or two - but could be as long as six weeks.

    Its up to them to get it back though what ever RMA system they have - the complication with these guys is their pick up point if its who I think it is. Don;t let them bugger you about - to be fair people who buy PC components are too patient for their own good in my experience.


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