Right to Refund After Repair Didn't Work

redsheeps

Bought a medical device online from an EU country and store in July '23. When first using it, there was a clear fault and it was sent back for repair. After they received it, they said there was no fault and were about to send it back to me, but I provided a video I took demonstrating the fault and they then sent it for an official inspection that confirmed the fault and they replaced the part.

I received the device back and the part that was replaced is causing a different, but almost identical fault (I won't bore you with the detail). The company are digging in saying no way it could be faulty a second time. I brought it to the device maker's Irish branch and they confirmed it's faulty and supplied a letter confirming the fault. The EU company initially further dug in and made one/two remarks in emails indicating they thought I had certain "intentions" which I'll just say suggest they think I'm making up the issue (even after providing them with the letter from the Irish company confirming it's faulty).

My question is whether I have a right to a refund at this stage? I have no confidence in this company getting this repaired properly and they are making this extremely difficult to even acknowledge the second fault. It's a medical device that was purchased in July '23 and I have not been able to use it at all throughout this time because of the faults. Throughout this time I've been paying to rent an identical device to manage the medical condition.

Xterminator

refund or replacement.

you dont have to accept another repair.

muffler

https://www.boards.ie/discussion/2058327897/right-to-refund-after-repair-didnt-work

Contact the European Consumer Centre in Dublin. They specialise in that type of issue.

JVince

https://www.boards.ie/discussion/comment/121522648#Comment_121522648

Can you show where this is in EU law - I'd love to see it.

Remember the original fault has been repaired and a new similar but unconnected fault has appeared. There is no absolute right to a refund or replacement.

redsheeps

https://www.boards.ie/discussion/comment/121522648#Comment_121522648

https://www.boards.ie/discussion/comment/121526702#Comment_121526702

Genuinely curious if I do have any right to a refund. It's 6 months since I bought it and because of the issues (and the issues with the company acknowledging the faults) I have not been able to use the device. It seems mad that I would have no recourse for a refund when I purchased a product and cannot use it for 6 months because of faults.

https://www.boards.ie/discussion/comment/121522777#Comment_121522777

Cheers for this steer. I was planning to submit an EU Small Claims application due to the 6 months without having a working device. I'll contact them first.

astrofool

It sounds like SCC is the next step here, most companies will settle up quickly enough. You already have independent verification of the fault as well (complication is that it's at the EU level rather than Ireland). What (rough) value is the device?

redsheeps

https://www.boards.ie/discussion/comment/121533633#Comment_121533633

From what I can see on the EU SSC, it's pretty much the same process so hopefully it will go reasonably smoothly. Costs €25 but I get that back if the claim is successful.

From my reading, there appears to be a 'hierarchy' of options available to the company, starting with a repair and only moving to refund if the repair then replacement options are not a goer. That's where I hope I don't get stung, I don't want to have the device linked through this company since they've been such a PITA to deal with, so if something else goes wrong this will just repeat.

I did get in contact with the parent company of the company I bought the device off, and they were very professional in their response and immediately offered a repair on the second issue without question. Problem is it's taken 6 months to get to this point.

It cost €700.