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Help w/ consumer rights ?

  • 31-05-2004 7:55pm
    #1
    tylerdylan
    Registered Users, Registered Users 2 Posts: 223 ✭✭


    Hello
    I do apologise in advance should this not be the right board to post:confused:

    Anyway I have purchased an item from an Irish online company.
    Once out of the box the item failed to work correctly.
    I immediatly contacted the comp,who put me thru to there tech guy.
    now he was helpful but could not get said item to work correctly.
    There was a slight implication that I might have set item up wrong causing the
    problem.This is not the case.I then spent over an hour calling the manufactours
    who agreeded it was DOA and they sent email few days later saying they would replace.
    This was of course super news.
    However since then over 2 weks have passed and nothing.
    Phone calls not returned or emails.
    I then contacted the seller via email and ph calls.was told they would get back to me.
    I had filled out the sellers required return form on the day the item was recieved.
    They never replied to this nor anymore of the ph calls I made.
    I called the consumer dept they said the seller is responsible.
    I got a mail from the seller today telling me that I have to deal w/ the manufactour
    they cant(wont) help!
    I am sorry for this being so long winded,but can anyone advise my rights here?

    any and all help greatly appreciated
    Tylerdylan


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Originally posted by tylerdylan
    I got a mail from the seller today telling me that I have to deal w/ the manufactour
    they cant(wont) help!
    You have a contract with the seller, not the manufacturer.

    Tell them that if you don't have satisfaction within X days that you are going elsewhere and are goign to take them to Small Claims Court (small fee).


  • #3
    tylerdylan
    Registered Users, Registered Users 2 Posts: 223 ✭✭tylerdylan


    Hi again
    This is the mail I recieved from the seller today!

    Sorry about the delay with this. We have been intouch with D-Link trying to sort you out with a replacement product but to no success as the warrantee on this product is an End User warrantee carried by D-Link which means you will have to raise a return with d-link and they will organize a replacement for you. I have a contact number for you for you at D-Link
    it is 0044 208 731 5555

    What does that mean 'end user'?


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Originally posted by tylerdylan
    We have been intouch with D-Link trying to sort you out with a replacement product but to no success as the warrantee on this product is an End User warrantee carried by D-Link which means you will have to raise a return with d-link and they will organize a replacement for you. I have a contact number for you for you at D-Link it is 0044 208 731 5555
    The are basicly trying to offload the problem onto the manufacturer on the basis of a warrantee - however your claim is more fundamental than that the goods would appear not to have been of merchantable quality. Tell them that if you have to deal with the manufacturer that you will be billing them.*
    Originally posted by tylerdylan
    What does that mean 'end user'?
    You, the consumer (as opposed to them the seller / reseller). The "manufacturer" may be a branded manufacturer
    (who buys lots of equipment, puts it together in a package and puts their label on it) or and original equipment manufacturer (OEM).

    *Just make sure it's not in their terms and conditions that such queries are dealt with by the OEM


  • #5
    tylerdylan
    Registered Users, Registered Users 2 Posts: 223 ✭✭tylerdylan


    Actualy the 'seller' is Elara.ie
    Which I found out about right here on boards!

    This was my very 1st purchase of a router!:(


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Then go complain on the Elara.ie board, not here. :)


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  • #7
    Paddy20
    Closed Accounts Posts: 3,797 ✭✭✭Paddy20


    Victor is correct. If it was me I would give the seller 7 working days in writing, in which for them to put matters right, otherwise you will not hesitate in putting the matter in the hands of the 'Small Claims Court' at your local district courthouse, cost less than €10, and you do not need a Solicitor.

    You could have a look at ; www.oasis.gov.ie
    Which might help inform you about the "sale of goods acts " etc.


  • #8
    spongebob
    Closed Accounts Posts: 6,143 ✭✭✭spongebob


    and complain on The Elara Board too.

    The goods were not of merchantable quality, simple argument and you have the email from them to back that up.

    Demand an RMA on the Board (Return Note) and post it back to them in the original packaging when you get it.

    M


  • #9
    tylerdylan
    Registered Users, Registered Users 2 Posts: 223 ✭✭tylerdylan


    Thanks so much for all the replies.
    I did not post on the elara borad at first as I wanted to know where I stood.
    I also looked on the elara board and there was not really any complaints,so I was'nt
    sure it was ok to post there.

    But again thanks for all.
    Sorry if I was wrong for posting on this board:confused:


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