question about rights

ivnryn

I received goods that were bought online and have sent the product back to the merchant. However, they now tell me that it will take 2-3 weeks, plus another week for delivery before they send me a replacement.

Is there anything I can do? They say that they have to send the product to their testing department in Holland ? Is there some right to cancel if you do it immediately ? Ideally, I just want them to send the replacement without having to wait until they have checked the current item.

Should I contact my CC company and see what they say ? Another issue is that the product was part of a larger order, so I would presumably have to send it all back if I canceled payment (can I cancel just the one item?).

wyndham

More info?
What was wrong with the product and how long did it take you to send it back?
Where is the company that you bought from based?

ivnryn

I sent it back straight away. I got it on a Thursday and emailed them about it, they sent me a return number and I sent it back on the (last) Tuesday.

It was a monitor and it had a line of pixels that was darker than the ones near them. Not sure where the company is based, but their testing department is in Holland.

Their site says their main office is in Norway. Does that mean that laws in Norway cover it ?

ivnryn

Their site also says that they have an office in Ireland.

Beano

judging by the holland and norway references this is Komplett. You're pretty much stuck i'm afraid. They wont send out a replacement unless they have checked that the product is faulty. The site does say that they have an office but they really dont. The address they give is the address of their shipping company in ireland.

jor el

You have the right to get what you paid for, a working monitor, but the company also has the right to verify that the monitor is faulty before issuing a replacement. This would be the same if you bought and brought it back to a bricks and mortar shop, just the process is normally a lot quicker there. That's the cost of buying online. As such, they don't have to send anything to you before verifying the fault.

Some companies will send replacements while you return the faulty item (sendit.com have done this for me in the past) but it's up to them. For small cheap items like DVDs that's easily done, but for big expensive ones like monitors then it could get expensive for the company to offer replacement up front.

I'm guessing this is Komplett.ie too and I also know that's their policy and they won't change it.

ivnryn

I agree that they have the right to check that the monitor is faulty, but seems to be there is an assumption that they will not take that long to do it.

I was reading EU rights laws, if I send it back within 7 days, don't I have the right to an unconditional refund (even if it wasn't faulty)?

Would threatening to call my CC company make any difference ?

I don't see how there is that much risk to them, they know (or should know) that the depot in Dublin has received the parcel. I guess I could have sent something that weighs like a monitor to them.

Sangre

what could your CC company possibly do?

ivnryn

Cancel payment or maybe just put a negative mark on their merchant account? I was also thinking of threatening to call the European Consumer Centre.

Doctor DooM

ivnryn wrote: »

I agree that they have the right to check that the monitor is faulty, but seems to be there is an assumption that they will not take that long to do it.

I was reading EU rights laws, if I send it back within 7 days, don't I have the right to an unconditional refund (even if it wasn't faulty)?

Would threatening to call my CC company make any difference ?

I don't see how there is that much risk to them, they know (or should know) that the depot in Dublin has received the parcel. I guess I could have sent something that weighs like a monitor to them.

No. the company has the right to repair or replace before a refund must be offered. Sorry!

Beano

ivnryn wrote: »

...
I was reading EU rights laws, if I send it back within 7 days, don't I have the right to an unconditional refund (even if it wasn't faulty)?

...

If thats what you had done you could have got a refund. But you sent it back as faulty so this doesnt apply. Even if you had asked for a refund they wouldnt have refunded the shipping costs.

ivnryn

That's crazy, why should I have more rights if I send it back because I changed my mind than if they send me a faulty product ?

Is there a limit to how long they can take to send the replacement ? I think the rules would be reasonable if there was a limit on how long they can take to determine that it is faulty.

I was doing a bit more reading, it seems if you open the box, then you can only send it back if it is faulty.

Beano

there is no limit i am aware of. 2 to 3 weeks doesnt seem totally unreasonable though. especially when you factor in a couples to send it back to them and a couple of days to get it back.

ivnryn

Well, it was at their depot in Dublin within 2 days of me sending it. The entire delay is due to 'internal' delays associated with their system of just having a depot in Dublin rather than having even a simple testing department.

Also, the 2-3 weeks doesn't include them sending me a new one, so it is potentially 4 weeks including 1 week to send me the replacement.

Beano

fair enough. One of the perils of buying over the internet i suppose. not that the service you would get from a shop would be necessarily any better.

ivnryn

Beano wrote: »

fair enough. One of the perils of buying over the internet i suppose. not that the service you would get from a shop would be necessarily any better.

Well, they would presumably have replaced it immediately. Anyway, thanks for the info.

John R

ivnryn wrote: »

Well, they would presumably have replaced it immediately. Anyway, thanks for the info.

Not necessarily, some shops will but others (for example certain mobile phone chains) will send the products to their repair centres and have them checked before giving out a replacement.

The right to send it back within 7 days is a cooling-off period for distance selling, it only applies if you have not opened or used the product.

psicic

John R wrote: »

The right to send it back within 7 days is a cooling-off period for distance selling, it only applies if you have not opened or used the product.

Who is it that's telling people this? I see this mentioned twice in the thread so far. As far as I understand the legislation the only case where unwrapping or using a product nullifies the cooling off period is when it concerns an audio or video recording, computer software or something like a laptop or a pda where software is booted when you turn it on(and you could potentially interfere with or copy that software).

In Ireland, the only* legislation that affects cooling off is the Distance Selling Regulations. It's a laugh-a-minute, whirlwind read! (*Yes, I am aware I am ignoring legislation on Doorstep Selling and Credit Agreements as they are not relevant)

Having said that, common sense has to prevail. It doesn't mean someone has free licence to mistreat something for 7 days then return it, but it does mean a consumer can reasonably open the box on, say, a set of steak knives or a graphics card before deciding to return it. Many websites incorrectly state boxes have to be unopened for items to be accepted for return. It's up to each individual consumer to defend their rights, but consumer law in Ireland is exactly that - weighted towards consumers.

Of course, the contract has to be formed under Irish law for this to apply.

Back to the OP, if you had returned under cooling off, you would have been liable for the cost of returning the item to the seller and the seller would have had 30 days in which to refund your money. Again, this is all set out in the the Distance Selling Regulations.

ivnryn

psicic wrote: »

Back to the OP, if you had returned under cooling off, you would have been liable for the cost of returning the item to the seller and the seller would have had 30 days in which to refund your money. Again, this is all set out in the the Distance Selling Regulations.

If they decide that it isn't defective, can I point out that I returned it within the cool off period and that I don't want a replacement or does returning it as faulty nullify my cooling off period rights ?

Sangre

CC don't cancel payments. THey'd only refund you if there was a fraudulent transaction.