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Issue with online retailer

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  • 04-10-2013 8:59am
    #1
    zzzzzzzz
    Registered Users Posts: 1,431 ✭✭✭


    Bought a set of bike pedals from a German online retailer.

    After a couple of months the left pedal stopped working, so I contacted the retailer and they told me to ship it back to them and they would look in to it. (They provided a shipping voucher to cover the cost of shippping)

    Eventually, after a few months, I got the pedals back from them. They said they had sent the pedals back to the manufacturer who repaired them by replacing the bearings in the left pedal.

    That was all fine, until about 2 months later - with not a huge amount of usage the right pedal failed in the same way. I sent the pedals back again and said this time I wanted a refund. They advised me that they were entitled to try to repair the item 3 times before having to offer a refund by law.

    So about a month or so passes and I get an email saying that the manufacturer had repaired the pedal - and that the bearings were rusted and had no grease on them insinuating that I had used a high pressure hose on them (I have not). They said the manufacturer charged 12.50 for the repair and the shop would charge me 15 euro to ship the pedals back. 27.50 total

    I thought this was a bit out of order, so I've told them that I wanted a refund under the sale of goods and supply of services act, as the goods were faulty, but they don't seem to be forthcoming.

    Any recommendations what should I do in this situation?


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    #2
    the_syco
    Registered Users Posts: 37,302 ✭✭✭✭the_syco


    zzzzzzzz wrote: »
    I thought this was a bit out of order, so I've told them that I wanted a refund under the sale of goods and supply of services act, as the goods were faulty, but they don't seem to be forthcoming.
    The shop gets to decide which of the 3 R's (repair/replace/refund) they use. You can refute that you caused the damage, but it's your word against theirs.


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    #3
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    If the shop is located in Germany (and the website is not just a front for an Asian shop), then it's my understanding that you need to go by German law.
    There the retailer has 2 tries of either repair or replacement (can be 2 repairs or 2 replacements or a mix), but its the buyer choice which ones he want (unless its unreasonable for the seller, e.g. if you buy a TV for €2000 and the repair would cost €10, it would be unreasonable to expect the seller to replace the TV). If this doesn't work, the buyer can than choose to either get a part or full refund on the price.
    However there is one more thing to look out for. If the defective good is older than 6 months, the buyer has to proof that the fault wasn't caused by him. In the first 6 month, the seller is responsible to proof that the fault was caused by the buyer.


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