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Refund or Replacement

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  • 25-05-2013 1:39pm
    #1
    Closed Accounts Posts: 31,152 ✭✭✭✭


    I bought a lawnmower about 3 weeks ago. It was only used 3 times. It's a self propelled one, the problem is that it won't stop going now and it cant be pulled backwards even when its not running :/ I've had a look at the drive and the pulley but I can't see any problem. Anyway my question is, I'm returning the item today, can I ask for a full refund or do I have to accept a replacement/repair? I have the reciept and CC reciept


Comments

  • Registered Users Posts: 69,083 ✭✭✭✭L1011


    You can ask - but the shop is not obliged to give you a refund. Replacement or repair is allowed.

    Most chain DIY stores, supermarkets and catalogue shops will however refund fairly handily and you probably bought it one of those...


  • Registered Users Posts: 49 Obro


    I bought a lawnmower about 3 weeks ago. It was only used 3 times. It's a self propelled one, the problem is that it won't stop going now and it cant be pulled backwards even when its not running :/ I've had a look at the drive and the pulley but I can't see any problem. Anyway my question is, I'm returning the item today, can I ask for a full refund or do I have to accept a replacement/repair? I have the reciept and CC reciept

    Leave it back to them and if they won't give you a refund then just let your Credit Card company take it up with them.


  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    MYOB wrote: »
    You can ask - but the shop is not obliged to give you a refund. Replacement or repair is allowed.

    Most chain DIY stores, supermarkets and catalogue shops will however refund fairly handily and you probably bought it one of those...

    Thanks, yeah it was a large DIY chain store


  • Registered Users Posts: 7,690 ✭✭✭whippet


    Obro wrote: »
    Leave it back to them and if they won't give you a refund then just let your Credit Card company take it up with them.

    :rolleyes: sure why bother with any sort of consumer law!!!

    in essence you are telling the OP to lie to their credit card company and hope that they swallow the lies and stiff the retailer?


  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    whippet wrote: »
    :rolleyes: sure why bother with any sort of consumer law!!!

    in essence you are telling the OP to lie to their credit card company and hope that they swallow the lies and stiff the retailer?

    I won't be doing that. Brought it back, they said it should be fixed in a week. Cheers for the replies


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  • Registered Users Posts: 49 Obro


    whippet wrote: »
    :rolleyes: sure why bother with any sort of consumer law!!!

    in essence you are telling the OP to lie to their credit card company and hope that they swallow the lies and stiff the retailer?


    If its not of merchantable quality then give it back to them. If they don't refund him then let the credit card company sort it out. That's all I'm saying.


  • Registered Users Posts: 49 Obro


    Glad you got sorted.


  • Closed Accounts Posts: 1,594 ✭✭✭sandin


    Obro wrote: »
    If its not of merchantable quality then give it back to them. If they don't refund him then let the credit card company sort it out. That's all I'm saying.

    Stupid way of dealing with a problem.

    The credit card company would rightly tell you where to go.

    People making ridiculous and stupid posts like this cause immense problems for other well intentioned people who believe such rubbish.

    At least the op seems reasonable and didn't in gung ho. Probably a minor issue which will be fixed easily.


  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    Sorry to drag this back up but I'm just wondering, at what point can I ask/demand* a refund. I'm sure it'll be fixed and thats fine but if something happens again, I mean the last thing I want is to be up and down to the store with a lawnmower trying to get the thing fixed

    *when I say demand, I mean when am I within my rights to ask for and receive a refund, i.e they cant refuse the refund

    Cheers again for all the replies


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


    Sorry to drag this back up but I'm just wondering, at what point can I ask/demand* a refund. I'm sure it'll be fixed and thats fine but if something happens again, I mean the last thing I want is to be up and down to the store with a lawnmower trying to get the thing fixed

    *when I say demand, I mean when am I within my rights to ask for and receive a refund, i.e they cant refuse the refund

    Cheers again for all the replies
    There is no clear line clearly drawn in the law beyond the repair should be of a permanent nature (i.e. if you get the same problem again and they can't fix it a second time you've got a stronger case but not bullet proof; if they fixed A now, three months later you have problem with B you're entering a grey zone of merchantable quality instead but neither is black or white decision).


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  • Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    Nody wrote: »
    There is no clear line clearly drawn in the law beyond the repair should be of a permanent nature (i.e. if you get the same problem again and they can't fix it a second time you've got a stronger case but not bullet proof; if they fixed A now, three months later you have problem with B you're entering a grey zone of merchantable quality instead but neither is black or white decision).

    Thanks for the reply :)


  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    The general understanding is that if a repair is ineffective, the seller can not force you to accept a further repair (within reason - you can't reject a car because of a faulty courtesy light).

    The seller can then offer you a replacement or refund. You would have a hard time in court if you refused a replacement without good reason.

    Generally speaking, your remedies are repair, replace, or refund. The seller generally can choose which to offer, and gets one shot at each class of remedy.


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