Refused refund on faulty product

Hi,

I recently purchased a product (hands free car kit) which turned out to be faulty. The vendor admitted the product is faulty but is refusing to give me a refund as I don't have the original packaging. The original packaging was a bubbled plastic casing which needed to be cut through with a scissors to access the product so I can't understand why it would be of any use to anyone.
I've tried complaining to a supervisor in the customer care department but she is standing her ground. I've also emailed consumer affairs, so waiting on a reply from them.
Does anyone know if they are entitled to refuse the refund on this basis?

Thanks

No.

According to this summary of the Sale of Goods and Supply of Services Act, 1980. on the [broken link removed]


If goods are not of merchantable quality or are not fit for their purpose or are not as described the consumer is entitled to a remedy.


If the reason for the complaint is not trivial and is discovered soon after purchase, the consumer is entitled to reject the goods and insist on a full refund provided prompt action is action is taken.

If the goods have been used for some time, or if there is undue delay in making the complaint, or if there is reason to believe that the goods have been accepted, the consumer's entitlement, at best, may be to a repair or to a partial refund.

If the goods were faulty then you are entitled to a refund regardless of the packaging issue. From what you've posted the vendor hasn't a leg to stand on. Check out or contact ConsumerConnect, [broken link removed] and/or for more information on your statutory rights. The is always an option if it comes to it.

Hi Helen,

Here is a reply I received from the concumer affairs which you might find useful.
Thank you for your e-mail, concerning your faulty television.
The Sale of Goods and Supply of Services Act, 1980 gives various rights
to consumers, in particular, that goods should be of merchantable
quality, that is fit for their purpose and reasonably durable. Where
these conditions are not met, you may be entitled to a repair,
replacement or refund.
I would point out that disputes involving the quality of goods and
services are matters of civil law, and, as such, must be resolved by the
parties themselves, if necessary by recourse to the courts. As the
retailer has offered a repair you may accept this once it is of a
permanent nature and satisfactory. It must also be completed within a
reasonable period of time. However the retailer is not obliged to
provide a replacement while repairs are being carried out. Should you
not be happy with the repair on return of your television you may then
seek a replacement or refund.
For more information on your rights as a consumer all our publications
can be viewed on our website at [broken link removed]

Here is the mail of the person who dealy very quickly with my query: [email protected]..

Good luck!

Poor show on the ODCA's part not to point out the Small Claims Court option here!

Return of the product with packaging will only be relevant if you happen to change your mind about the good and it may well be a term of the sale.

However, the good is faulty and so you are entitled to your consumer rights.

Marion

Helen said:

The vendor admitted the product is faulty but is refusing to give me a refund as I don't have the original packaging.

Click to expand...

Are they planning to knowingly resell a faulty product to someone else?

I'd be very insistent, and I'd ask the supervisor who has so far wasted your time to confirm her full name, so that you can be sure of spelling it correctly in your letter of complaint to company headquarters.

ClubMan said:

Poor show on the ODCA's part not to point out the Small Claims Court option here!

Click to expand...

Hi Clubman,

They did in fact point out small claims court, I thought my message was too long hence probably edited too much..here is the rest:

In this regard, the small claims procedure is a special mechanism for
dealing with small claims within the District Court structure and is
designed to handle consumer claims cheaply and informally without
involving a solicitor. Claims involving amounts up to €1,269.74 may be
dealt with through this procedure and details of the District Court
Offices and Small Claims Registrars are given in the telephone book.
Applications forms can be downloaded from the Courts Service website
www.courts.ie

Fair enough - thanks for the clarification. Note that the SCC limit was recently increased to €2K although the fee was also increased (from €9 to €15 I think).

Thanks gauloise for posting your reply from the ODCA.

I had read the summary of the sale of goods act and spent 30 minutes on the phone to a supervisor arguing about it but she is insistent that the act covers them if I don't have the packaging.
After 30 minutes I just had to give up and am going to pursue it through other avenues.

When I get a reply from the ODCA (and if it confirms my position), I will forward it to her as I have her email address and see what her reply is.

Am I allowed to post the name of the shop as naming and shaming would allow me to let off some steam!

We have a separate forum for that...

Why not wait until you see how you get on?

I don't see anything wrong with naming the shop. I can't believe they are stll being so insistant even after you have quoted the Act to them. Stick to your guns and don't let it go!

No, there's no reason not to name the shop. They don't seem to have provided a very good service so far...

Hi Helen,

Good luck with your case.. I am sure that you will find that you are within your rights..keep us posted!

Shop in question is the Car Phone Warehouse ... I feel better already!

Personally I would have held back on naming them now and used this as a bargaining tool in enforcing the relevant statutory rights - i.e. mention that you might highlight their name and approach to statutory rights on this popular discussion forum called AAM.

I did inform her of my intention to post here at the end of my 30 minute discussion but she wasn't the slightest bit bothered.
Maybe her sales and marketing division would have a different reaction though. Don't think the negative publicity is worth the 100 euros we're talking about.

When mext talking to the supervisor remind her of these:
[SIZE=-1][/SIZE]
[SIZE=-1]At Carphone Warehouse everything we do is based around you, our customer. With this in mind we have five fundamental rules that we aim to live by:[/SIZE]

1. [SIZE=-1]If we don’t look after a customer somebody else will.[/SIZE]
2. [SIZE=-1]Nothing is gained by winning an argument but losing a customer.[/SIZE]
3. [SIZE=-1]Always deliver what we promise. If in doubt under promise and over deliver.[/SIZE]
4. [SIZE=-1]Always treat our customers as we ourselves would like to be treated.[/SIZE]
5. [SIZE=-1]The reputation of the company is in the hands of each and every individual.[/SIZE]

and tell her that you have forwarded copies of all dealings to
[email protected] the CEO and see if that doesn't get her/him moving!

Gauloise - that's brilliant!

I'm going to forward her response to the CEO in the UK. I had also lodged a complaint via email which luckily the same girl ended up answering. So I have a written record of the dispute

Let us know how you get on!