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Defective product

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  • 21-05-2015 10:45pm
    #1
    Registered Users Posts: 65 ✭✭


    I bought a pc mouse from a large retailer on the 10th of April and now the tracking laser has gone on it.

    I contacted the manufacturer who advise returning it to the store for a replacement.

    The thing is, I no longer have the box.

    I still have the receipt, but all I have are that and that mouse.

    Can I still return it for a refund/exchange considering its defective?


Comments

  • Registered Users Posts: 69,038 ✭✭✭✭L1011


    You don't need the box to return an item that's defective. It is nearly entirely required for unwanted item returns under store return policies but it is not for statutory returns like this.

    It can be quite handy with things that are awkward to move otherwise but its really not needed.


  • Registered Users Posts: 65 ✭✭confusicus


    Great - thanks.

    So considering I was using it for a month and then the fault occurred, I'm not entitled to a refund, but am entitled to a replacement or repair?


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    confusicus wrote: »
    Great - thanks.

    So considering I was using it for a month and then the fault occurred, I'm not entitled to a refund, but am entitled to a replacement or repair?
    It's not a matter how long you have it; you're not immediately entitled to a refund if you can get a repair or replacement instead. If they offer a replacement then that is their obligation fulfilled. You can of course ask for a refund but they don't have to give it if they give you a repair/replacement.

    Because you have it less than 6 months the law assumes the fault was there at the time you bought it unless the seller can prove otherwise (essentially the seller can't require you to prove you didn't break it).


  • Closed Accounts Posts: 9,764 ✭✭✭my3cents


    On occasions like this where the original box has been thrown away I find a lot of retailers will just replace the item but ask you if they can keep the box the new item comes in so they have something to return the old one in.


  • Registered Users Posts: 32,382 ✭✭✭✭rubadub


    I think shops are also obliged to take back boxes if you do not want them. I got a blender which would not fit in my bag, I asked if I could leave the box in the shop and asked if it would effect any returns issue (I knew it shouldn't but wanted to be sure if it was DOA that I would have no issue).

    If you are looking to get boxes to pack things this is worth knowing too, go down to your local powercity or currys and they are usuaully happy to give you perfectly good sturdy boxes which they would otherwise have to pay to get rid of.

    In the early days of lidl I would see people leaving cereal boxes behind, taking the plastic bag out. It does not happen nearly as much anymore.


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  • Registered Users Posts: 69,038 ✭✭✭✭L1011


    rubadub wrote: »
    I think shops are also obliged to take back boxes if you do not want them.

    Not if they're a member of Repak, which is a ridiculous getout clause. Powercity are a notable non-member so they do.


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