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"Items sold as seen and do not come with warranty"

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  • 10-07-2017 8:05am
    #1
    Registered Users Posts: 1,917 ✭✭✭


    Assume your normal consumer rights would still apply even if this was visible on purchase? But would they be limited or constrained any if you had to go to SCC?


Comments

  • Registered Users Posts: 7,593 ✭✭✭theteal


    Private sale? Retailer?

    Warranty is irrelevant in Ireland and has nothing to do with your consumer rights.


  • Registered Users Posts: 1,341 ✭✭✭ssmith6287


    is it not more a case of if you have a laptop with a dodgy space bar, the shop informs you of this problem before purchase, you cant come back in 2 months saying that you want the space bar replaced.


  • Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    theteal wrote: »
    Private sale? Retailer?

    Warranty is irrelevant in Ireland and has nothing to do with your consumer rights.

    Retailer - prompted by thread in BA about old laptops

    @ssmith6287 - its more of a case about general issues with something


  • Registered Users Posts: 69,024 ✭✭✭✭L1011


    It can come with no warranty but that doesn't impact consumer rights.

    However, if directed to inspect something, or issues are specifically called out and you purchase the item its going to be slightly hard to claim the item isn't as sold/failed due to a manufacturing fault you didn't already accept


  • Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    L1011 wrote: »
    It can come with no warranty but that doesn't impact consumer rights.

    However, if directed to inspect something, or issues are specifically called out and you purchase the item its going to be slightly hard to claim the item isn't as sold/failed due to a manufacturing fault you didn't already accept

    so if nothing explicitly pointed I should expect it to work as normal. e.g. its just an older model phone not supported by any manufacturer any more but has never been used or on display and is in a sealed box.

    Or if something happens different to the "pointed out" this should be covered. e.g. Display model has scratches but should work as normal


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  • Registered Users Posts: 69,024 ✭✭✭✭L1011


    Pretty much. Needs to be fit for purpose and if a limitation to the expected purpose isn't made clear they havent for a defence


  • Registered Users Posts: 25,457 ✭✭✭✭coylemj


    so if nothing explicitly pointed I should expect it to work as normal. e.g. its just an older model phone not supported by any manufacturer any more but has never been used or on display and is in a sealed box.

    If the retailer is claiming to sell it without a warranty then in your example of an old model of mobile phone, what he might be saying is that he cannot organise an exact replacement if the phone turns out to be faulty.

    In which case I would tell him that I understood the situation but remind him that you still have consumer rights and ask him what he would propose to do if you brought back the phone because it was faulty and assuming it could not be repaired.

    And I would ask it as an open question i.e. do not ask a yes/no question such as: 'would you give me my money back?' because a lot of sales people are more or less programmed to say what they think you want to hear and will reply 'yes' to that question without even thinking. Make him come up with an answer and if it's not satisfactory, do not buy the goods.


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