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Money back rights

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  • 04-01-2013 5:17pm
    #1
    taylorconor95
    Registered Users Posts: 331 ✭✭


    Long story short I bought an electronics product at the start of December for a birthday present (the birthday being in January). After many phone calls where I was getting more and more anxious if it would come on time (birthday is 3 days away!!), and after being promised that it would arrive in time, I was told today that it would be 3 weeks. I was furious.

    I was told I could get a better model that the have in stock if I'm willing to pay extra for it, which I can't afford. I'm going in tomorrow.

    I'm only going to pay extra if I can bargain them down to me paying half the difference extra. If they refuse, can I ask for all of my money back even though the product has been ordered and the transaction made a month ago?


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


    IN GENERAL: If you had made it very clear at the time of purchase that the product would be required for January, then yes, I believe that you can cancel the order and seek a refund, as the retailer has failed up uphold their side of the bargain.

    Now as your case... did you get the promised delivery date in writing at the time of purchase, or anytime since?


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    #3
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    I'd choose a much simpler approach. A one-month delay, unless you were given fair warning at the time of purchase, is excessive. I'd simply ask for my money back and spend it elsewhere.


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    #4
    taylorconor95
    Registered Users Posts: 331 ✭✭taylorconor95


    dudara wrote: »
    Now.. did you get the promised delivery date in writing at the time of purchase, or anytime since?

    Unfortunately not


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    #5
    rubadub
    Registered Users Posts: 32,382 ✭✭✭✭rubadub


    So really you paid a full deposit in full.
    Paying deposits

    A deposit is a payment made to a supplier of a product or a service by a consumer which indicates an intention to buy a product or a service. The amount of the deposit and the timing of payment of the balance are a matter between the consumer and the supplier. When you pay a deposit for goods a contract is created between you as a consumer, and the supplier of the product or service. You should be clear at the time of paying a deposit what your obligations are (e.g. when you need to pay the balance, how much each payment is etc). You should also be clear about the duties of the supplier (e.g. when the product will be available).

    It is always easier to know what your rights and responsibilities are if you have details of the contract in writing, however, a verbal contract is also enforceable. If the supplier does not adhere to the terms of the contract (e.g. delivery of a product takes significantly longer than stated) you may have a right to ask for your deposit to be returned. If you pay a deposit to a supplier who, in return, holds an article for you and you change your mind about paying the balance the supplier may not in all these circumstances be obliged to return your deposit.
    http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

    If there was any trouble I would start quoting stuff, saying you were onto the NCA etc. or have that printed out


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