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Returning a defective item purchased in Sept. 2014

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  • 06-02-2016 5:03pm
    #1
    gnolan
    Registered Users Posts: 1,486 ✭✭✭


    I purchased a coffee machine in September 2014, this one.

    Can anyone tell me if I am within my rights to ask for a refund or replacement from Amazon? The reason I think I may be is the Directive 99/44/EC of the European Parliament, which states:
    Traders selling consumer goods in the European Union (EU) are obliged to remedy defects which existed at the time of delivery and which become apparent within 2 years. EU rules guarantee consumers a minimum level of protection, especially if the goods do not meet the standards promised.


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    gnolan wrote: »
    I purchased a coffee machine in September 2014, this one.

    Can anyone tell me if I am within my rights to ask for a refund or replacement from Amazon? The reason I think I may be is the Directive 99/44/EC of the European Parliament, which states:

    What did Amazon say when you contacted them about it?

    Was the defect there on delivary?


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    #3
    gnolan
    Registered Users Posts: 1,486 ✭✭✭gnolan


    davo10 wrote: »
    What did Amazon say when you contacted them about it?

    Was the defect there on delivary?

    I haven't yet contacted them, I wanted to try to confirm what my rights were.

    The leak has only started today so I can't say if the defect was there on delivery. The machine has been used normally though since September 2014.


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    #4
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    gnolan wrote: »
    I haven't yet contacted them, I wanted to try to confirm what my rights were.

    The leak has only started today so I can't say if the defect was there on delivery. The machine has been used normally though since September 2014.

    It doesn't sound like it was defective on delivery if you have used it for well over a year.

    Contact Amazon. They may repair the item for you, but you may have to pay for postage.


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    #5
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Best thing to do is contact amazon first, they offer decent customer service.


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    #6
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    gnolan wrote: »
    I purchased a coffee machine in September 2014, this one.

    Can anyone tell me if I am within my rights to ask for a refund or replacement from Amazon? The reason I think I may be is the Directive 99/44/EC of the European Parliament, which states:

    Do you live in Ireland or the non-existent country of Europe?

    If it's Ireland you need to consult Irish laws. I'm all for people reading up on their rights, but if you hear hooves think horses not zebras.

    Under Irish law you are within your rights to ask for a repair/replacement, Amazon are also free to refuse and you are free to avail yourself of the courts to adjudicate who is in the right. To my mind you're in the right here with the limit information you have given us. I've found Amazon's support to be second to none.


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    #7
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    MarkAnthony wrote: »
    Do you live in Ireland or the non-existent country of Europe?

    If it's Ireland you need to consult Irish laws. I'm all for people reading up on their rights, but if you hear hooves think horses not zebras.

    Under Irish law you are within your rights to ask for a repair/replacement, Amazon are also free to refuse and you are free to avail yourself of the courts to adjudicate who is in the right. To my mind you're in the right here with the limit information you have given us. I've found Amazon's support to be second to none.
    It might turn on where Amazon lives. The site linked by OP was that of Amazon.co.uk. So it is quite possible that the sale is subject to UK law rather than Irish law.

    In my opinion. when you purchase items by mail order from a seller outside Ireland, you take on the risk that your rights are subject to the law in another country and, if you need to invoke the law to vindicate your rights, it can be very burdensome - and probably not worth the effort.


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    #8
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    P. Breathnach wrote: »
    It might turn on where Amazon lives. The site linked by OP was that of Amazon.co.uk. So it is quite possible that the sale is subject to UK law rather than Irish law.

    In my opinion. when you purchase items by mail order from a seller outside Ireland, you take on the risk that your rights are subject to the law in another country and, if you need to invoke the law to vindicate your rights, it can be very burdensome - and probably not worth the effort.
    European Small Claims Court process makes it fairly easy. It can be done through the Irish courts (or courts of whatever jurisdiction you reside in) and is enforceable by the seller's jurisdiction.
    http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/BE71CDF8FCA10C8C80257559005F5C59?opendocument


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    #9
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    P. Breathnach wrote: »
    It might turn on where Amazon lives. The site linked by OP was that of Amazon.co.uk. So it is quite possible that the sale is subject to UK law rather than Irish law.

    In my opinion. when you purchase items by mail order from a seller outside Ireland, you take on the risk that your rights are subject to the law in another country and, if you need to invoke the law to vindicate your rights, it can be very burdensome - and probably not worth the effort.

    UK Consumer rights are based on the same law that ours are. The sales of goods acts date from before the separation of Ireland from the UK (or it's proper designation at that time). The advantage of the UK, or as I should say, law English and Wales is there has been work done to make it more accessible.

    Items bought for Ireland would probably come under Irish law, but I bow to the superior knowledge of anyone who wants to investigate that one. It's perfectly possible for a contract to be concluded in another country to the seller. In fact I'd be very surprised if there was not consumer law to that effect (probably instructed by an EU directive). As I say though that's conjecture.

    +1 on the EU small claims procedure - it's very easy to use, not overly easy to enforce but then neither is the Irish SmCP.

    All this said - Amazon are my go to for anything electrical, with Komplett a close second (for PC components) as the service I've received has always been excellent. They never cease to impress me with the way that they will go way beyond my entitlements as a consumer to provide good service.

    Edit: Quite right in what you're saying in relation to enforcing rights outside of the EU though.


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    #10
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    Amazon has amazing customer service. I imagine they will ship out a brand new item without question. I have phoned them about a faulty laptop with the same timeframe as you and they offered to send out a new one with zero issue.

    Amazon is probably the most customer centric company ever


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    #11
    acon2119
    Registered Users Posts: 144 ✭✭acon2119


    Yes totally agree with previous comments that said Amazon offers very good customer service.

    Don't panic about the correct law until you contact Amazon and see if you get a satisfactory result from them.

    As regards the law, all E.U. member states have a harmonized law system regarding consumer protection.

    good Luck


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    #12
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    That particular piece of EU legislation was not en acted in Ireland. Best thing to do is contact Amazon.


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