Does he have to accept repair?

Midnight Sundance

Hi all, I'm hoping someone can help me.
My dad bought a strimmers there last week, he took it home and put in the fuel and it fired on for one second and then wouldn't work. He took it back to the building providers that he bought it from and they offered him a repair.
I went mad when he came home because he didn't even get to use the product so should he not have been given a replacement straight away?

He's been waiting now for over a week for the repaired item to come back and he's still no strimmers that he can use at home. They told him they wouldn't give him a new one or a refund.
Am I wrong for thinking that this isn't fair?
What should he do? Or is there anything he can do?
I know he's entitled to repair replace or refund but when the item was brand new and never even had a chance to be used should he not be entitled to replacement or refund?
Thanks

( oh and he's been using strimmers and electrical products for the last 40 years -he's a builder so he knows how to use them properly)

dudara

A repair isn't entirely unreasonable. It shouldn't take an unreasonable length of time to repair though, or else he could look for a replacement or refund.

Depending on the contract that the shop has with the manufacturer, they may not be allowed offer replacements, but instead must try to repair first.

Midnight Sundance

Thanks for the reply
I just think it's a bit unreasonable to expect someone who has bought something brand new, took it home and it doesn't work to accept a repaired version of their brand new product
The only way I can relate is, if I bought a kettle, took it home, filled it with water and it didn't work , I'd expect a new one straight away. I shouldn't have to wait a couple of weeks to make my cup of tea.
To me it should be the same with a strimmers.
Sorry I just think it's very unfair that they can sell you a brand new item and expect you to put up with a fixed version . If he had had it weeks then absolutely take the repair.

GerardKeating

Midnight Sundance wrote: »

Hi all, I'm hoping someone can help me.
My dad bought a strimmers there last week, he took it home and put in the fuel and it fired on for one second and then wouldn't work. He took it back to the building providers that he bought it from and they offered him a repair.
I went mad when he came home because he didn't even get to use the product so should he not have been given a replacement straight away?

He's been waiting now for over a week for the repaired item to come back and he's still no strimmers that he can use at home. They told him they wouldn't give him a new one or a refund.
Am I wrong for thinking that this isn't fair?
What should he do? Or is there anything he can do?
I know he's entitled to repair replace or refund but when the item was brand new and never even had a chance to be used should he not be entitled to replacement or refund?
Thanks

( oh and he's been using strimmers and electrical products for the last 40 years -he's a builder so he knows how to use them properly)

The Store has three options (the so-called 3 R's)

• Repair
• Replace
• Refund

And it is the store which decided this, not the customer.

Some stores give the customer more options, like a "14/30/60/90" money back guarantee, but some would insist that the item is unopened for this, so might not apply in this case.

The Store is legally correct, but not the best for customer service, if you dad has already "accepted" the repair option, no real choice, other that to express displeasure and take further business elsewhere

foggy_lad

GerardKeating wrote: »

The Store has three options (the so-called 3 R's)

• Repair
• Replace
• Refund

And it is the store which decided this, not the customer.

Some stores give the customer more options, like a "14/30/60/90" money back guarantee, but some would insist that the item is unopened for this, so might not apply in this case.

The Store is legally correct, but not the best for customer service, if you dad has already "accepted" the repair option, no real choice, other that to express displeasure and take further business elsewhere

The store has to offer to repair replace or refund but they do not get to decide which they offer or which will be accepted by the consumer. The consumer can reject an offer to repair on several grounds including if a new items will be significantly devalued by being repaired.

The choice of redress is for the retailer and consumer to work out and decide upon between them.

P. Breathnach

foggy_lad wrote: »

The store has to offer to repair replace or refund but they do not get to decide which they offer or which will be accepted by the consumer. The consumer can reject an offer to repair on several grounds including if a new items will be significantly devalued by being repaired.

The choice of redress is for the retailer and consumer to work out and decide upon between them.

In effect, however, the retailer has the choice: if an aggrieved customer resorts to court (SCC or other) and the retailer's defence is that a repair was offered. the chance of the consumer winning is approximately zero - unless a proper repair is manifestly impossible.

[In a situation like the one described here, there is the possibility that the workshop might detect a user-induced problem such as using the wrong fuel mix. That would be a game-changer.]

delahuntv

The fault could be a very simple issue - as in the kettle example, if it was just a faulty fuse, would you still expect a brand new kettle?

So until the fault is diagnosed it's not possible to say whether a repair is the right option. And if a repair is done and the strimmer does what it's supposed to do there's no "devaluation "

Btw - did he mix the fuel with the required 2 stroke oil? The manual will give the details. This may be the problem and if so then any warranty would be void.

Kenny Bania

I certainly wouldn't be accepting a repair of a brand new item I literally just bought. Maybe if I used it & then it broke. But faulty straight out of the box?? No way.

Tigger

was it expensive ?
did he order it in or do they stock it
would the shop sell 10 100 1000 a year of this particular strimmer?

ytpe2r5bxkn0c1

Tigger wrote: »

was it expensive ?
did he order it in or do they stock it
would the shop sell 10 100 1000 a year of this particular strimmer?

That's quite irrelevant to the query or remedy.

slimjimmc

Tyler Magnificent Shootout wrote: »

That's quite irrelevant to the query or remedy.

Actually it's not. A particular remedy can be denied if it is disproportionate. e.g if it places an excessive cost on the seller. If the cost to the seller of providing a replacement is unreasonably disproportionate to that of a repair then the consumer is not entitled to the replacement. Not only is the value of the item considered, the nature of the fault and the inconvenience to the consumer of other remedies are factors.
See Article 7 SI 11/2003

ytpe2r5bxkn0c1

Sorry what I meant was it was a petrol strimmer in a builders providers, so not cheap and not a high volume sales item.

theteal

Kenny Bania wrote: »

I certainly wouldn't be accepting a repair of a brand new item I literally just bought. Maybe if I used it & then it broke. But faulty straight out of the box?? No way.

Don't ever buy an iphone from one of the networks so!

The OP's dad didn't "literally just" buy it, he brought it home, anything could have happened in the time it left the shop before it was brought back. It's crap situation but the shop does have the right to verify the fault.

The OP's dad doesn't have to accept the repair but he'd have to open a case with the SCC in an attempt to force through his desired remedy. This is where the shop would state that they fulfilled their obligation by offering one of the 3 Rs. Big waste of time for all involved.

KidMeNotA1

The consumer has the choice of refund, repair or replacement. Your contract is with the shop where it was bought, not the manufacturer. As a repair was accepted, a 'reasonable' time must pass before going to one of the other steps. Consumer help in the E
.U. office in Dublin can give full advice. Small claims court can be a great incentive for the store to settle (it costs €25 & can be done on-line)

AudreyHepburn

Midnight Sundance wrote: »

Thanks for the reply
I just think it's a bit unreasonable to expect someone who has bought something brand new, took it home and it doesn't work to accept a repaired version of their brand new product
The only way I can relate is, if I bought a kettle, took it home, filled it with water and it didn't work , I'd expect a new one straight away. I shouldn't have to wait a couple of weeks to make my cup of tea.
To me it should be the same with a strimmers.
Sorry I just think it's very unfair that they can sell you a brand new item and expect you to put up with a fixed version . If he had had it weeks then absolutely take the repair.

It's not unreasonable in the slightest tbh....all shops offer to either repair, replace or refund faulty items.

And without actually knowing what the fault was, how can anyone possibly say whether the length of time taken to repair it is wrong.

I do understand that realising the item you've just bought is faulty can be frustrating but really, shouting and stamping your feet, threatening the small claims court etc when the shop have done absolutely nothing wrong is just unreasonable and unfair and smacks of a sense of self entitlement.

P. Breathnach

AudreyHepburn wrote: »

...
And without actually knowing what the fault was, how can anyone possibly say whether the length of time taken to repair it is wrong....

A repair must be effected in reasonable time, and without undue inconvenience to the consumer. If the fault such that it takes an inordinate time to repair, the seller cannot offer that as a remedy.

Midnight Sundance

Hopefully it has been sorted. The building providers rang to say that they "only noticed " it had never been started so they are refunding him his money.

Thabks for the replies guys!!

Midnight Sundance

delahuntv wrote: »

The fault could be a very simple issue - as in the kettle example, if it was just a faulty fuse, would you still expect a brand new kettle?

So until the fault is diagnosed it's not possible to say whether a repair is the right option. And if a repair is done and the strimmer does what it's supposed to do there's no "devaluation "

Btw - did he mix the fuel with the required 2 stroke oil? The manual will give the details. This may be the problem and if so then any warranty would be void.

I mentioned to him about the fuel and I won't tell you the reply I got. Needless to say I was told in uncertain terms that he's no ejit! Lol.
Also in regards to the faulty kettle with perhaps a fuse gone, I guess yeah I'd expect a new one if I'd literally taken it home and it didn't work.
I used to work in a department store and if someone brought something back and said it was faulty , they were offered refund or exchange , no question. Some of the items like shoes were well worn but who was I to question them. I kind of thought the same logic would apply in that sort of situation.

Del2005

Midnight Sundance wrote: »

Hopefully it has been sorted. The building providers rang to say that they "only noticed " it had never been started so they are refunding him his money.

Thabks for the replies guys!!

This is why the shop has to send it away for repair and not offer a straight refund, very easy for people to fill with pure petrol and destroy it and claim it was faulty.

Midnight Sundance wrote: »

I used to work in a department store and if someone brought something back and said it was faulty , they were offered refund or exchange , no question. Some of the items like shoes were well worn but who was I to question them. I kind of thought the same logic would apply in that sort of situation.

Big stores build the cost of replacements into their pricing so they can offer refunds straight away and they have a large volume so a few returns don't really affect bottom line. A small store is working off tighter margins so needs to protect themselves from consumers, for someone who worked in retail you must know what a lot of customers can be like.

Midnight Sundance

Del2005 wrote: »

This is why the shop has to send it away for repair and not offer a straight refund, very easy for people to fill with pure petrol and destroy it and claim it was faulty.



Big stores build the cost of replacements into their pricing so they can offer refunds straight away and they have a large volume so a few returns don't really affect bottom line. A small store is working off tighter margins so needs to protect themselves from consumers, for someone who worked in retail you must know what a lot of customers can be like.

Yeah and from working in retail I was always taught that the customer is always right. ( within reason obviously) and from what I gathered , the retailer sent back the faulty goods to get a refund from the suplier .
So am I to gather from this that if in future I was to buy an electrical good for example, I should test it out in the shop before I take it home, otherwise I'll have to put up with a repaired item if it doesn't work when I get home??

P. Breathnach

Midnight Sundance wrote: »

...
So am I to gather from this that if in future I was to buy an electrical good for example, I should test it out in the shop before I take it home, otherwise I'll have to put up with a repaired item if it doesn't work when I get home??

I can't see that as practicable for most electrical goods.

AudreyHepburn

P. Breathnach wrote: »

A repair must be effected in reasonable time, and without undue inconvenience to the consumer. If the fault such that it takes an inordinate time to repair, the seller cannot offer that as a remedy.

Agreed.

But my point was that without knowing what the fault actually was how can you claim to know how long it should reasonably take to repair it?

Del2005

Midnight Sundance wrote: »

Yeah and from working in retail I was always taught that the customer is always right. ( within reason obviously) and from what I gathered , the retailer sent back the faulty goods to get a refund from the suplier .

The retailer only gets a refund from the supplier if the product is faulty, if the retailer returns it and it's user induced the retailer is out of pocket if they've already refunded the customer, so the retailer has to protect themselves from loss and the only way is to wait for the manufacturer to confirm it was faulty and not user damaged. What's unreasonable about a company trying to stay in business?

Midnight Sundance wrote: »

So am I to gather from this that if in future I was to buy an electrical good for example, I should test it out in the shop before I take it home, otherwise I'll have to put up with a repaired item if it doesn't work when I get home??

It depends on the fault and item. If you go back to a shop with a faulty screen on a new TV/monitor a straight replacement is unlikely, since you could have damaged the screen easily. Also a mechanical item which requires specific mixing of fuel and lubricant, or just lubrication, can be a user induced fault. Where as if you buy a hair-dryer and it doesn't blow hot air if's very unlikely it could have been user induced.

The shops which give instant refunds have built this into their pricing structure so you are paying extra for the privilege of instant refunds, they can usually sell it cheaper because of volume.

What you're confusing is what some shops do as a marketing policy, instant refunds, as opposed to what this shop did which was offer you your consumer rights.

zom

Del2005 wrote: »

The retailer only gets a refund from the supplier if the product is faulty, if the retailer returns it and it's user induced the retailer is out of pocket if they've already refunded the customer,

I wish it would work like that. I bought $200 item with on of biggest Irish retailers and recently claimed warranty repair on it. The item couldn't be repaired and they are not stocking it anymore - they offered me replacement and reject refund. Offered item is no match with original one - it's like offering Android phone someone with broken Iphone. I consider Small Case Court way now.

KidMeNotA1 wrote: »

Consumer help in the E
.U. office in Dublin can give full advice. Small claims court can be a great incentive for the store to settle (it costs €25 & can be done on-line)

Can anyone explain me what is "Consumer help in the E.U. office in Dublin"? I wish to get advice before going to SCC.