Deceptive sales practices re: 2 week "cooling off" period. €450 cancellation fee

Kelly06

Saipanne wrote: »

Wow. What a bunch of con men.

Agreed, steer clear of eircom so. 14 day cooling off Period was over before he could even avail of the service, shambles

paulheu

Starokan wrote: »

I understand that your policy is your policy end of but this should be looked at instead of trying to simply fob the customer off. 

Their policy is in direct violation of European Consumer Law and thus void. If their reps tell you that you have 14 days to cancel for whatever reason once you receive the package they are actually making a correct statement. It's the support staff and (apparently) legal dept who should get educated.

Rachiee

Wonder if any eircom staff are going to wade in here again? maybe you should go to Joe Duffy not to be facetious but it does seem to work

Daisy 55

Took us WAY more than 14 days between the order and the installation !

oisin52

Just to let everyone I kept shouting and after many hours of calls I found that they breached their own terms and conditions by not having the service installed within 14 days of purchase so they had no choice but to cancel my order Thank god for that never again will I even look at eircom what a shower buyer beware

oisin52

Rachiee wrote: »

Wonder if any eircom staff are going to wade in here again? maybe you should go to Joe Duffy not to be facetious but it does seem to work

All sorted no thanks to eircom but thanks to a mate who said check their terms and conditions

Hank Scorpio

Good to hear you got it sorted?

Threads like these doesn't surprise me anymore, their entire company and business model is rotten to the core

Beaner1

oisin52 wrote: »

Rachiee wrote: »

Wonder if any eircom staff are going to wade in here again? maybe you should go to Joe Duffy not to be facetious but it does seem to work

All sorted no thanks to eircom but thanks to a mate who said check their terms and conditions

Nice one. Any more details on the contract side? 

hdowney

Fantastic news. You really do have to fight hard with companies like this though, they hope that if they stand their ground - even if in the wrong - people will just accept it and move on. Need to show them we are NOT pushovers

whiterebel

paulheu wrote: »

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

14 days to withdraw when purchasing goods

In the EU, for contracts concluded as of 13 June 2014, you have the right to withdraw from your online purchase as well as from purchases made elsewhere than in shops (e.g. from a salesman on your doorstep; by phone or mail order) within 14 days.

This “cooling off” period expires 14 days after the day you received your goods. However, if this period expires on a non-working day, your deadline is extended till the next working day.

You can choose to withdraw from your order for any reason within this timeframe - even if you simply changed your mind.

Good luck trying to enforce your view here when European law tell a very different story!

You are talking about a delivery of product, not a service. Further down n the document it refers to service contracts:


[font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif][font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif]"Service contracts[/font][/font]
[font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif]You may also withdraw from a service contract - for instance a telephone subscription - concluded online or with a door-to-door salesman. You have 14 days to withdraw once the contract has been concluded.[/font]
[font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif]If you want the trader to start providing the service - e.g. to connect your phone - directly without waiting for the 14-day period to lapse, you must expressly request this. If you nevertheless choose to withdraw after starting to receive the service, you must pay for the time you used it. If the service contract - for example, repainting a room - has been fully executed before the end of the 14-day withdrawal period, you can no longer withdraw as the work has been finished."[/font]

DesperateDan

This is a legal oversight, I'm sure UPC and all the rest would behave the same if they took 12 or 14 days to get broadband out to you and people wanted to cancel a week after receiving. 

Until it's sorted, the moral of the story is to totally cancel the contract with any of these providers if you don't get anything before 14 days, and give yourself lee-way to fully test the service. In fact if I didn't get fully set-up within 5 days I'd cancel, especially after situations like this.

Glad you got out OP!

dbit

The sad part about this thread is that it does not reach its intended audience , Eircom are doing this on a viscious level . Think of all the non tekky minded that are being hammered by this behaviour and abused by eircom Bullish behavior , a provider is supposed to provide not rape.

I have seen many freinds in the past get stung by 14 day and cancelled anyway - thus they DD his remaining contract price - COMREG got it all back for them , What about all those poor people who know nothing about comreg , or about Boards or googling your rights . Eircom are in breech of practically every retail law out there and yet the run around as if they are still state owned ?



I feel a you tube video in my loins ......

lawred2

whiterebel wrote: »

paulheu wrote: »

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

14 days to withdraw when purchasing goods

In the EU, for contracts concluded as of 13 June 2014, you have the right to withdraw from your online purchase as well as from purchases made elsewhere than in shops (e.g. from a salesman on your doorstep; by phone or mail order) within 14 days.

This “cooling off” period expires 14 days after the day you received your goods. However, if this period expires on a non-working day, your deadline is extended till the next working day.

You can choose to withdraw from your order for any reason within this timeframe - even if you simply changed your mind.

Good luck trying to enforce your view here when European law tell a very different story!

You are talking about a delivery of product, not a service. Further down n the document it refers to service contracts:


[font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif][font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif]"Service contracts[/font][/font]
[font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif]You may also withdraw from a service contract - for instance a telephone subscription - concluded online or with a door-to-door salesman. You have 14 days to withdraw once the contract has been concluded.[/font]
[font=Verdana, Arial, Helvetica, 'DejaVu Sans', sans-serif]If you want the trader to start providing the service - e.g. to connect your phone - directly without waiting for the 14-day period to lapse, you must expressly request this. If you nevertheless choose to withdraw after starting to receive the service, you must pay for the time you used it. If the service contract - for example, repainting a room - has been fully executed before the end of the 14-day withdrawal period, you can no longer withdraw as the work has been finished."[/font]

surely the contract has been 'concluded' when the service has been delivered?

lawred2

oisin52 wrote: »

Rachiee wrote: »

Wonder if any eircom staff are going to wade in here again? maybe you should go to Joe Duffy not to be facetious but it does seem to work

All sorted no thanks to eircom but thanks to a mate who said check their terms and conditions

what part of the terms and conditions?