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item not ready-no refund policy

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  • 19-12-2018 6:12pm
    #1
    soups05
    Registered Users Posts: 1,086 ✭✭✭


    Hi all, just a quick question. My daughter purchased a wedding ring for her fiance a couple of weeks ago. they assured her it would be ready by this Friday as she is leaving the country to get married in the US and staying there.

    she rang to check today that it would be ready on time and they forgot to order it. She went nuclear on the phone with them. (not my way of doing things but I was not here).

    They are saying she has two choices, order now to be ready by the 16th, a week after the wedding, with none of us here to collect it. or take store credit.

    now store credit is of no use as A) she will not be here and B) she will not be spending €1500 on anything else. she had ordered a very specific ring.

    so now she is at a loss and their attitude is no refunds under any circumstances. they told her if she does not like it to see a solicitor.

    any advice on what she can do? I understand the no refund policy, but in this case it was the shop that messed up and made promises re delivery date that they could not meet.

    she fly's out in the next few days without a ring or the money.


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    #2
    Cerco
    Registered Users Posts: 2,039 ✭✭✭Cerco


    Do you or your daughter have something in writing confirming the delivery date?


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    #3
    Thoie
    Registered Users Posts: 6,344 ✭✭✭Thoie


    That's really upsetting, not surprised she went nuclear at them.

    How would she feel about getting married with a "token" ring and having the shop send the real one, at their expense, with proper insurance, when it arrives?

    Another option is if she paid by credit card, to contact the bank and talk to them about a charge back for non-delivery. It's not automatic that a charge back will be accepted, that's why I'd talk to someone first. It's not what she needs just before the wedding though!


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    #4
    soups05
    Registered Users Posts: 1,086 ✭✭✭soups05


    she has a receipt which states collection on 21/12/18.


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    #5
    soups05
    Registered Users Posts: 1,086 ✭✭✭soups05


    i thought a charge back was only if an online item failed to arrive. can that be done with a b&m shop? what if the shop refuses?


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    #6
    SusieBlue
    Registered Users Posts: 8,029 ✭✭✭SusieBlue


    If they cannot fulfill the terms as per the receipt she is entitled to a refund.

    It is no concern of hers that they forgot to order it, the only facts that matter is that they agreed in writing to have it ready for collection on 21/12 and they cannot fulfill their end of the bargain.

    I would email them outlining the above, to have it in writing, and say that unless the issue is resolved and the refund processed by 21/12 you will be filing a claim with the small claims court, contacting a solicitor and publicising your disappointment and inconvenience of being let down so badly at the last minute on social media.
    She should not be inconvenienced so badly due to THEIR error.
    I normally hate when the threat of social media is used, but in this case its warranted.

    They are being utterly unreasonable and I don't blame her for going nuts at them. Hope ye can get something sorted.


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    #7
    soups05
    Registered Users Posts: 1,086 ✭✭✭soups05


    thank you all, i will pass that advice onto her. I will come back and update when it is resolved. I hate when a thread ends on a cliffhanger lol.


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    #8
    Thoie
    Registered Users Posts: 6,344 ✭✭✭Thoie


    soups05 wrote: »
    i thought a charge back was only if an online item failed to arrive. can that be done with a b&m shop? what if the shop refuses?

    No, they're not just for online purchases, they can be applied if the goods/services haven't been supplied.

    https://www.irishtimes.com/news/consumer/chargeback-your-credit-card-s-built-in-protection-1.967775


    https://www.ccpc.ie/consumers/shopping/disputed-card-transactions-chargeback/

    The bank will probably suggest "waiting a while" or "try sort something out with the vendor", but insist that they start proceedings immediately. They are supposed to reverse the transaction (but keep a hold in place on your card) almost immediately (same day, within a few days). They may try to tell you it will take a month or whatever. That's not true. The merchant may dispute it within 30 (or 10, or some) days, but the money should go back to you pretty much straight away.


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    #9
    Thoie
    Registered Users Posts: 6,344 ✭✭✭Thoie


    And for goodness sake - take multiple multiple photocopies of that receipt, and take photos of it, and don't lose it. It's your only "proof", and with the fuss of a wedding, it's too easy for one bit of paper to disappear.


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    #10
    SteelyDanJalapeno
    Registered Users Posts: 14,322 ✭✭✭✭SteelyDanJalapeno


    Very surprised they put their hands up saying they forgot to order it, complete liability there.


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    #11
    GerardKeating
    Registered Users Posts: 7,667 ✭✭✭GerardKeating


    soups05 wrote: »
    i thought a charge back was only if an online item failed to arrive. can that be done with a b&m shop? what if the shop refuses?

    It is for your daughter card issuers (AIB/BoI/PTSB/AvantCard/WhatEver) to decide on a chargebank and not the shop.

    Suggest to her that she ring her card issuer, explain the situation (Store cannot supply item on agreed schedule and refuse refund) and most likely they will agree to raise a chargeback. The Store can of course object and try to defend the chargeback. In the unlikley event of them winning the chargeback, a trip to the small claims court would be next stop.

    Perhaps a calmer letter or phone call to the store outlined the proposed actions which make them refund. Losing a chageback will cost them more than the refund.


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    #12
    ArthurG
    Registered Users Posts: 1,306 ✭✭✭ArthurG


    soups05 wrote: »
    she fly's out in the next few days without a ring or the money.

    Please tell us she didn't hand over cash?


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    #13
    soups05
    Registered Users Posts: 1,086 ✭✭✭soups05


    lol arthur, no she paid using her debit card. bank is sorting it now, they are going to contact the shop to see why it was not ready, she flys out 26th so no hope it will be done. her refund should be processed in next few days according to bank.


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    #14
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    soups05 wrote: »
    she has a receipt which states collection on 21/12/18.

    ok, if she has this and the shop cannot fulfill the order as agreed, then she has an open & shut case. A specified part of the order is to deliver on 21st.

    my biggest worry is the shop going bust before she gets the ring or her money back.


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    #15
    GerardKeating
    Registered Users Posts: 7,667 ✭✭✭GerardKeating


    soups05 wrote: »
    lol arthur, no she paid using her debit card. bank is sorting it now, they are going to contact the shop to see why it was not ready, she flys out 26th so no hope it will be done. her refund should be processed in next few days according to bank.

    Good to hear the Bank are on the case, unless they tell a different story to that they first told, she should get the chargeback.
    daheff wrote: »
    ok, if she has this and the shop cannot fulfill the order as agreed, then she has an open & shut case. A specified part of the order is to deliver on 21st.

    my biggest worry is the shop going bust before she gets the ring or her money back.

    Not a worry with a chargeback, the banks will "deal" with that.


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