Rights on a faulty item bought online

run_Forrest_run

In January I purchased a pair of headphones. Last week they will no longer turn on. I contacted the seller (bought direct from the manufacturer). I was told the item can't be repaired and must be replaced. They said they didn't have any new stock so asked would I accept an older version of the same model (Re-package)…I presume this means refurbished.

I said since an identical item can't be provided I will request a refund. They told me they will refund me 70% of the price paid factoring in time of use.

Is this allowed?

Xterminator

you dont say what jusidiction this falls under. EH Temu in china wont be bound by irish law.

perfectly reasonable to offer a refurb in as new condition. Meets the 3rs under irish law. which is a very high standard of consumer protection. you could argue the 70% refund part, id ask for credt against a new model and see if they will give a better %, rather than a refund.

The Continental Op

The 70% refund shouts at me that the manufacturer thinks their products last less than 18 months.

Its fairly clear what your rights are

https://www.citizensinformation.ie/en/consumer/shopping/problems-with-faulty-goods/

Within 12 months its repair, replace or refund (not a %).

Del2005

https://www.boards.ie/discussion/comment/122245149#Comment_122245149

That's only if they bought from an Irish retailer and I don't know many Irish headphone manufacturers. Even a .ie site doesn't guarantee you are buying from an Irish retailer, you need to check the T&Cs to see what jurisdiction they are trading in.

run_Forrest_run

my apologies, I should have added more information. So I bought from Soundcore Europe ( https://eu.soundcore.com/ )

So in the terms of replace, does a replace with a refurb suffice or are they obliged to offer a brand new unused item?

Hoboo

I went through something similar not so long ago.

First I would check the site and see if the item is actually sold out, and if there is a restock date.

To avoid a drawn out process of emails and arguing points of law with a customer service rep who’s computer says no, I’d ask for a new pair, like for like, when new stock arrives, and take a gift voucher or credit for now.

Honestly, it’s not worth it if you can get a half decent result with no effort.

The Continental Op

Nothing in the sellers Warranty info on the percentage refund

https://eu.soundcore.com/pages/exchange

Dav010

https://www.boards.ie/discussion/comment/122245506#Comment_122245506

The op should take whatever they are offering, the headphones advertised on the site are relatively cheap compared to the more expensive brands, and this term on the site seals the deal:

17.1 This Agreement is governed by the laws of the People's Republic of China.

The Continental Op

https://www.boards.ie/discussion/comment/122245536#Comment_122245536

What laws ;-)

Dav010

https://www.boards.ie/discussion/comment/122245603#Comment_122245603

Exactly.

run_Forrest_run

thanks for the feedback folks…after this I'll go back to Sony

JVince

https://www.boards.ie/discussion/comment/122245099#Comment_122245099

TEMU is an Irish based company.

PDD Holdings, Temu's parent company moved its HQ to Ireland last year and therefore all purchases on TEMU in the EU are subject to EU law.

Xterminator

yes but arguably not because of the reason - they moved their HQ to Dublin. They moved the corporate HQ, but claim they act as a digital marketplace so the sellers are separate and dont have HQ's in Ireland.

Its irrelevant now because they have been designated as a VLOP by the EU in may 2024.

As you said that means they are subject to EU rules but funnily enough not Irish rules, which are more stringent than EU rules.

At the same time, as a Regulation, the Digital Services Act applies directly superseding overlapping national laws that follow the same objective. Besides, as the DSA is a full harmonisation instrument, EU Member States cannot go beyond the Regulation in their national laws.

run_Forrest_run

so an update on this, they have dispatched a replacement pair. A refurb I suspect. At this rate I will just take it and see how long they last. The headphones were excellent, especially for the price but I will learn from this and stick to the well known established brands in future.

Xterminator

good news. i would say issues can happen with any brand. its how they handle the issues that makes the difference between bad retailers and good.

run_Forrest_run

https://www.boards.ie/discussion/comment/122268716#Comment_122268716

true…well I will hold off on praising them until I receive the item. It's a pity though, after 5 months they just stopped working. Funnily enough they told me I don't need to send them back, I can hold onto them (not that it's much use to me).

Oscar_Madison

https://www.boards.ie/discussion/comment/122257706#Comment_122257706

did you try to go back to Sony in a bricks and mortar shop? They MAY have entertained you as long as you had the receipt /proof of purchase.

Dav010

https://www.boards.ie/discussion/comment/122269171#Comment_122269171

Considering they aren’t Sony headphones, and weren’t bought from Sony, visiting a Sony shop would seem pointless.

Oscar_Madison

https://www.boards.ie/discussion/comment/122269395#Comment_122269395

The OP said they were Sony- they also mentioned contacting Sony

run_Forrest_run

https://www.boards.ie/discussion/comment/122269406#Comment_122269406

no, I said in future I will go back to buying from reputable makers like Sony

Oscar_Madison

https://www.boards.ie/discussion/comment/122269444#Comment_122269444

oh right