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they don't take it back!

  • 12-09-2003 4:32pm
    #1
    Registered Users, Registered Users 2 Posts: 5,558 ✭✭✭


    is there a customer right that if you don't like the product you can return it? like Gernamy?

    i was buying a video card, and there was 2 choice there, i asked the sales person which is better? and he couldn't answer, no advice nothing! so i chose myself and when i got home i realized that it wasn't what i wanted, i didn't like it, and when i took it back they said that they won't take it back, no way!

    how to make them return it? i'd even hire a lawyer to return it


Comments

  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    If you don't like a product, but it still is of "merchandable(?) quality ", aren't you entitled to a credit note? The shop is under no obligation to return your money.

    This is dredged up from the memory of my Commerce classes from the Junior Cert. Trade Descriptons Act or something.


  • Registered Users, Registered Users 2 Posts: 1,611 ✭✭✭Corben Dallas


    you have standard Consumer Rights. I think the place to contact here is The Office of Consumer Affairs, and get some advice.

    You have every right ot get satisfaction for a product that u've spent hard earned cash on. Complain, Loudly.

    particularly if the assistant could not offer any advice on which one suited yur needs


  • Registered Users, Registered Users 2 Posts: 10,304 ✭✭✭✭koneko


    Kick up a fuss in the store. No store likes complainy customers. Demand to speak to a manager and ask why the guy in the store isn't capable of answering a simple question (ok maybe don't phrase it like that).

    It's a cliche, but true. A happy customer will tell 1 or 2 others. An unhappy customer will turn it into a personal vendetta and tell everyone he knows to avoid the shop.


  • Registered Users, Registered Users 2 Posts: 3,177 ✭✭✭oneweb


    If the product is damaged or faulty when you open it, you have a right to a full refund or replacement.

    However, just because you don't like it or it doesn't suit doesn't mean you have any right to a refund or recompense. It's up to you to fully research a product's suitability before you buy it. And it's up to the shop's goodwill whether they'll give you any sort of refund/exchange. Sorry, that's the way it is.

    It is what it's.



  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    If it's a matter of "its the wrong colour, I don't like it" you have no recourse. However, If let us say you bought a printer with only a serial port when you specificly needed a parallel port, you might have some grounds.


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  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    CyberGhost,

    Have a look at the Citizens Information website as follows:- www.oasis.gov.ie
    Here you will find *consumer issues, click on the relevant link.

    If that site proves unsatisfactory. Then type Sale of Goods Acts in to the search engine Google, Ireland Search and it will produce the complete government document on the Sale of Goods & Supply of Services Acts. A mighty tome!.

    However, if you are prepared to settle for my opinion!. When you purchased the goods from the shop you voluntarily entered in to a contract whereby you agreed to buy and the shop agreed to sell to you a product for an agreed price. Unless the goods prove not to be fit for the purpose for which they were intended!,i.e. they are faulty. Then you have no legal right to return the goods -simply because you have decided the product is not to your liking.

    Some, posters have suggested kicking up a fuss etc?..in my experience the best approach is simply too explain your problem in a quiet manner too the shop assistant or Manager, and hopefully they will reach a compromise solution that will satisfy both parties. Otherwise, imho - you literally do not have a leg to stand on. Sorry.

    Be lucky. Buyer beware.

    P.


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 93,579 Mod ✭✭✭✭Capt'n Midnight


    Consistantly the best piece of advice for the last two millenia..
    caveat emptor, quia ignorare non debuit quod jus alienum emit.
    “Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.”

    If the sales person lied or gave you blatently incorrect information then you might have a leg to stand on. However, you did say that he did not know which was better... If it was a case where yer man said - it's great for 3D rendering and it's a 2D card - gotcha. If it's a case where one of the cards if faster than the other in a particular game - pffff....

    Retail computer shops charge more than commercial ones for two main reasons, better location means higher rent, and the extra hassle of people not knowing what they want..

    As Paddy20 said - ranting may not be the best course - especially if the card works. You bought the card without confirming that it did what you wanted/needed to do (did you ask on the forums BTW ???)

    Argus do a 16 day money back - but most of the stuff they sell can't be damaged by static electricity & ESD damage can be eratic and not appear for bloody ages...

    PS. out of curiousity is it foreign owned company ??

    Your best course might be to try something like upgrading it to a better card. - lick up to them if necessary.


  • Closed Accounts Posts: 5,564 ✭✭✭Typedef


    There is no technical obligation on the merchant to take back goods which are of so-called "merchantable quality".

    However, I'm with koneko on this one, if you absolutely cause a 'huge' scene in store, in front of many other customers some 99% of store managers will capitultate, especially if you find some outlandish (and loud) way of blaming the store.


    Not that I'd condone that sort of thing......


  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    Ahem,

    If anyone for any reason causes a "Huge" & "Loud" outlandish scene in a retail outlet. Then they run the risk of being arrested and charged with - Causing a breach of the peace - in Law.

    An offence that could result in the accused appearing in Court before a judge, receiving a heavy fine/and or imprisonment together with getting themselves a "Criminal record!" on top.

    The law is an ASS! Just ask any Solicitor. So be warned.

    P.;)


  • Registered Users, Registered Users 2 Posts: 5,558 ✭✭✭CyberGhost


    "It's up to you to fully research a product's suitability before you buy it"

    no it's not mate, why are there sales persons and assistants? maybe i don't have internet, maybe i don't have friends which know something about computers, it's up to sales person/assistant to help me to choose the product, why do they get paid then?, when i entered the shop, the guy who sits there and searches for products in a computer, couldn't find what i asked him, and told me they don't have that product!, and then i found it myself on of the shelves!, can you imagine that if wouldn't have searched myself the whole store shelf by shelf, the guy didn't do anything! he said they don't have that card! then i chose 2 cards, so now i'm holding 2 cards and i don't know what to choose, he calls some fat guy, who comes up with a very clever physiognomy, and i ask him, "sorry, i can't choose which card to buy could you help me please, and tell me, which one to buy, can you tell me the difference between these 2 cards? the guy looks at me, like i'm talking chinese with him, then, when he didn't move, i asked if i could have a look at the manuals inside the box? he said i could only if the box wasn't sealed, so i looked(from outside, because one of them was sealed) at the box of one cards, Captures in DivX was written there, the other one had snapshot 1600x1200 and MPEG2 capture on it, so i say to my friend, "this one can capture video in MPEG2 format, and the other one can in DivX, and MPEG2 can also take snapshot with 1600x1200" and then that helpless tech maniac pops into our conversation, and rephrases absolutely the same what i said! so finally after 20 mins of choosing(it was very hard because one had some detail written that the other didn't have like 1600x1200 capture for example, the other box didn't have that detail) i go with one of them, i come home, but when i run it, it comes out the different, i mean the card works and stuff, but it's not what i wanted!

    so now i went to their website and saw there written with little gray color(chosen with a purpose not to be clearly seen with white) "Return Policy", and there is written that, they won't take it back, if you just don't like it, so i guess, i can't return it

    and about making a scene, it's a very very little store, and they don't have much people there max 1,2, and plus, i can't make a scene and shout and stuff, i just can't! i have implosive anger, and when i get very very angry i just black out! and i can seriously beat someone very badly there, that's what i really don't want to do(just because i'll go to jail for that, but i really wanted to make a bloody mess out of that a**)

    so i guess they ripped me off for 100 euros :( , because of their lack of knowladge, and mine too!, well... i got another prove, that in Ireland our shop services are just plain bad! sales people don't know anything about their products, no resposibility whatsoever...

    oh yea another point! i know what i wanted! and when i did a search on their website, it was written that they had that product(why would anyone put up anything on their website which they don't have), so i went, i was in desperate need of that detail, and what? whoa! they don't have it! and even more, i asked the guy something, and he is chatting on MSN! he closes it very slowly and can't find anything!, i ask him to find, different model, he can't find it too! then i found one myself on the shelf, and while i was there, what could i do? i had to chose something(i didn't know much about the other model that i asked, so i needed help which i didn't get!), tell me please shouldn't i trust the sales person? shouldn't a sales person know what he is selling? what is in his shop?

    and yet another thing, while i was there, one guy came in, really shy and calm guy, he asked that he wanted to buy parts to build a gaming machine, but he doesn't know which parts to buy, and that fat(f****r) just ignores the guy, tells him to go to tomshardware and find something there, damn it's your shop! it's in your interest to sell stuff! and bring in customer , how the hell does that guy know what is tomshardware, is it a shop? is it a website, what is it?, so finally, after this poor guy was standing there without attention, i went up to him and told him what he had to buy to build a gaming machine

    well... that's life!, 100 euros lost :(, honestly i'd pay 300 to someone, just to make them return it, not because the card is bad(it's not really bad, but i didn't like it, this wasn't what i wanted), just for the sakes of feeling good!

    Thanks Guys!

    Case Closed!


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  • Registered Users, Registered Users 2 Posts: 5,558 ✭✭✭CyberGhost


    and sorry forgot to mention! the shop is Itdirect! and it's very bad! i won't shop there again EVER!, i'll tell anyone who i meet that they are plain bad!

    just in case someone is looking for cheap stuff go with elara.ie they are better, they take stuff back! (with 10% cut, damn we can't run away off rip off in Ireland :))
    and they know at least something about what they are selling

    and honestly, when i was in Germany on a vacation, our services are a way far from theirs! when u enter the shop every seles person is smiling and they are happy to see you and to help you, and when you leave the store you leave happy! and when you are turn something(i didn't return anything but my friend had to), they take it back without any problems! and of course you won't need to return anything because they give you all information about their products!

    it's such a shame, that we have so bad service!


  • Registered Users, Registered Users 2 Posts: 3,177 ✭✭✭oneweb


    Sheesh :rolleyes: Your question has been answered by many people in different forms. Try the For Sale board, maybe you could sell it on. And/or just buy another card out of the €300 you're willing to pay for a solicitor or whatever :confused:

    You were burnt. Lots of us have been and learnt our lessons. The hard way, unfortunately.

    It is what it's.



  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    CyberGhost,

    Glad to read that you have finally named the shop in question. I was wondering if you would ever get around to that. I am also delighted too read that Quote:- " Its a very very little store" No doubt that is what it will remain, if it survives in business at all.

    You say "Case closed". Are you sure!. Have you considered going too have a chat with your local - Citizens Information Centre , a free service as listed in your telephone directory. If they were to make a phone call or even send a letter to the shop on your behalf. You might be surprised just how quickly some shops have a change of heart.

    Another alternative approach also springs to mind. Have you heard of the *Small Claims Court, usually based in your nearest Circuit Court. For a set fee of only €8.00, the Clerk of the Court will write to the shop explaining that if the matter is not resolved within a set number of working days. Then the owner will be called before a Judge in the Small Claims court. This letter alone, very often resolves the issue. No need for a Solicitor for the Small claims court either, you can sit in Court and watch the owner and or his assistant squirm as the Judge baffles them with legal eagle words. After reading your more detailed report on "exactly" what happened. It now appears that you may well have a case on the grounds that you purchased the item "In good faith" based on some assistance from two people in the shop. You are now as a result not happy, and I assume you have not even been offered a credit note, or an upgrade or replacement product that will satisfy your genuine needs.

    Well, maybe you will get some satisfaction by calling in to see the *Clerk of the court, handing out only €8 (That was the cost the last time I checked!) then leave the matter in the hands of the Court. Whats, too lose. *Win or Lose, You win!, If you know what I mean?..

    Good luck.

    P.;)*You win!,


  • Registered Users, Registered Users 2 Posts: 5,558 ✭✭✭CyberGhost


    Thanks very much Paddy! i'll do exactly what you told me!

    it's just not right to rip off people like that!


  • Registered Users, Registered Users 2 Posts: 6,913 ✭✭✭Absolam


    Caveat Emptor..the truest words on this thread! Cyber, the Store staff had no responsiblility to you..their job is to sell stuff for their employer (albeit they seem to do even THAT appallingly). You chose to buy the product, without even the slightest encouragement from the sales guy, so you can't hold it against them. It was your decision, and your loss. Maybe you'll think a little more next time you part with your cash..if so I'd say it was worth the money for the lesson! You really can't blame other people for your own mistakes.....


  • Closed Accounts Posts: 132 ✭✭marrakesh


    Hi CyberGhost IT Direct what plonkers they are in there my guess is it was the round lad who dealt with you (i had a similiar issue witha graphics card asked him a question he couldnt answer). They are fuk all help there site is out of sync with gear in the shop. I use them as they are cheapest components without going into peats / pc world / dixons cowboys.. If you want to get it returned just start ringing up and keep hassling the manager with letters and telephone calls until u get him to see the error in his staffs ways and he should refund enough hassle for him and he will get so pissed he will just give u a refund to shut u up.. U should be able to get a credit note just dont lose the head when u go in...:D


  • Closed Accounts Posts: 781 ✭✭✭Jorinn


    Hmm, I went and bought something from it direct before, realised when I got back to the office it was thw rong one, brought it back and they exchanged it no problems.


  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    CyberGhost,

    Any positive developments or results yet ?..

    P.


  • Registered Users, Registered Users 2 Posts: 5,558 ✭✭✭CyberGhost


    not yet, sent the email complaint, no reply yet, very busy at work right now, don't have time to go to their office. Paddy, thanks for asking mate!

    Jorinn, you didn't open the product you bought did you? then of course they'd exchange

    marrakesh, right :) it was round fat guy who i talked to

    i'll try to manage to go to their office, next week


  • Closed Accounts Posts: 843 ✭✭✭DaithiSurfer


    I wont be shopping there then.
    Thge returns policy plays a big part in my decision to spend money somewhere.
    I ALWAYS say to the seller 'If it isn't what i need can i return it?'.
    If they say no then i say '**** off then, i'll shop somewhere else.'
    even if i'm almost 100% sure its what im after.


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  • Closed Accounts Posts: 465 ✭✭bloggs


    Got a piece of advice for ya.

    If you are buying something for your computer, tell them (act dumb) you aren't fully sure it you machine is compatible. Get the product and then you can jsut come back (ask for the same person who sold it to you) and tell them it wasn't compatible.

    I bought a graphics card from www.marx-computers.com (great people) they let me return a GC the next day as i was a AGP and not a PCI (d'oh)

    Try to avoid places like PC World or Dixons as they haven't a clue and will try to fog you off.


  • Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    CyberGhost,

    What,or who, Quote:- "sent the e-mail complaint, no reply yet"did you send this e-mail too ?...

    Also, remember that you as customer relied on the advice you requested from those two shop assistants/plonkers, as to which particular item would meet with your needs, but the idiots sold you the wrong thing. Right ;)

    P.


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