Ringsportireland.com (Belfast based)

ozil8

I'm just looking for some extra advice. I've already used some links provided to look up info. As far as I can see under Irish, UK and EU law we're entitled to a replacement or refund.

Here's the story.

My OH bought me a free standing punching bag for Christmas from ringsportireland (UK based) and had it delivered to our home (in Dublin). It arrived on or around December 20th. We were away for a bit of Christmas and my Dad wasn't well, also with all the extra merriment, and I never got around to opening it until last night.

The base is to be filled with water or sand. I started to fill it with water but the floor got drenched. I had a look at the base and there was a massive crack in it so the product is not suitable for use as it can't be filled.

We took a picture of the crack and sent it in a mail, along with the order number etc... to ringsportireland informing them of the situation.

They have been less than helpful since and this is where I need some advice.

First off they replied back saying that there was no crack when it left their premises and they've never had a problem like that before. So we said fair enough but this one has a crack so we need a refund or replacement.

They replied saying if we sent it back to them they would ask the supplier if they might think about replacing the base but that was all they could do.

We replied in turn saying that it would cost €90 (half the price of the product to begin with, which is what we were quoted to ship it back to them because it was so large and that we wouldn't incur the cost willingly and especially not without any guarantee of having the matter sorted to our satisfaction.

Their reply was that we were to return it to them, at our own cost, and they would see if they could possibly get a replacement part but that all the parts had to be returned (no problem) in the original packaging.

Unfortunately I'm not the type who keeps the wrapping paper on his presents so I told them that the original boxes were ripped when opening and wouldn't be safe to return such a big item to them in. And that even if we were to agree to return it that it would have to be in a new box. I broke up the box and stuck in in the recycling bin as soon as I opened it as the bins went out last night.

At this point they said they would not accept any returns not in original packaging and, basically, we could go and whistle for a refund or replacement.

My simple questions (sorry for trying more experienced peoples patience)

1) Can anyone confirm I am entitled to a full refund or replacement product?

2) Am I liable for the shipping costs to send it back to them?

3) Would the product not being in it's original packaging box have any bearing on any of this? I can't see what difference that would make but maybe I'm miles off.

Some answer to those questions and suggestions on the best course of action open to me would be appreciated.

Cheers

dudara

(1) If the item was defective, you are entitled to a refund, replacement or repair (under Irish law)

(2) If the item is defective, then the retailer must bear the cost of return postage (not the buyer). This is EU law.

(3) If the item is defective, then the original packaging is not required. It always helps to have it, but is not required.

Remind them of these facts, and make sure to have a written record of all their responses.

I'm not sure though on how to proceed given that they are based in a different legislative country, i.e. they are in the UK. I don't know if the remit of the Small Claims Court extends there, or if you need a different course of action. Perhaps another poster might know?

Melendez

This post has been deleted.

ozil8

Thanks for the replies. Much appreciated.

I should have mentioned that in their returns policy they say

Please include a notification with the action that you wish for us to take, whether it is an exchange or refund etc. (Refunds are only available within a 14 day period from the dispatch date of your order) . We will contact you to discuss any actions we need to take on your request. Please make sure that a daytime telephone number is included.

Our Refund Policy Does Not Affect Your Statutory Rights.

That seems slightly contradictory as EU doesn't limit the period to 14 days. It seems to be an arbitrary length of time they have set themselves. Would I be correct in saying their policy cannot override my rights (whatever they may be) under EU law?

kc90

ozil8 wrote: »

Thanks for the replies. Much appreciated.

I should have mentioned that in their returns policy they say

Please include a notification with the action that you wish for us to take, whether it is an exchange or refund etc. (Refunds are only available within a 14 day period from the dispatch date of your order) . We will contact you to discuss any actions we need to take on your request. Please make sure that a daytime telephone number is included.

Our Refund Policy Does Not Affect Your Statutory Rights.

That seems slightly contradictory as EU doesn't limit the period to 14 days. It seems to be an arbitrary length of time they have set themselves. Would I be correct in saying their policy cannot override my rights (whatever they may be) under EU law?

Don't let this discourage you. That returns policy would be the cooling off period. You can change your mind about online purchases and return for a refund, it must be 7 days, but the retailer can decide on a longer time frame(I'm assuming you purchased online and had it delivered). It wouldn't be applicable to a defective product.

gallag

I pass this place all the time, it's on the antrim road just down from the water works at Cliftonville, it does not look like a very professional outfit.

dudara

ozil8 wrote: »

I should have mentioned that in their returns policy they say

Please include a notification with the action that you wish for us to take, whether it is an exchange or refund etc. (Refunds are only available within a 14 day period from the dispatch date of your order) . We will contact you to discuss any actions we need to take on your request. Please make sure that a daytime telephone number is included.

Our Refund Policy Does Not Affect Your Statutory Rights.

That seems slightly contradictory as EU doesn't limit the period to 14 days. It seems to be an arbitrary length of time they have set themselves. Would I be correct in saying their policy cannot override my rights (whatever they may be) under EU law?

What they say there is fine. Their policy applies in the case of a "change of mind".

However, when an item is defective (through no fault of your own), then that policy doesn't apply. This is what they mean when they say that it doesn't affect your statutory rights.