Is she entitled to full refund

mazdagirl

Hi,
I work in a shop that sells laptops, and last week a lady bought laptop from me in the shop, this morning she comes back into the shop the laptop is fine no fault and is happy with it except she saw the exact same laptop spec and model cheaper in another shop and wants a full refund as she wants to buy the cheaper one or she wants to get refunded the difference she is calling back tomorrow once I have spoke to the manager, any replies would be gratefully accepted I don't think she is entitled to get a refund as the product is not faulty would like to hear what other people think before she comes back.

penexpers

No way is she entitled to a refund.

Cabaal

She's certainly not entitled to any refund to a full amount of a percentage, its upto her to shop around before buying something and thats something the consumer agency has advertised alot

Of course its upto the shop if they wanted to give anything as a goodwill gesture but yoyu certainly don't have to do a thing under law just because she's unhappy she paid more.

She's chancing her arm and if she says anything about it being a law or under consumer rights then she's talking out her back side

sunnysoutheast

Unless the shop offers a price match policy and the customer has met the terms of that policy the customer is entitled to nothing, although the shop may offer an informal partial refund out of goodwill, as Cabaal says, perhaps if the customer makes an additional purchase.

You may want to watch for the development of any "mysterious faults" in the goods once the customer is advised of this decision.

SSE

ScouseMouse

She isn't due anything. You may at your discretion, offer a discount but she has no rights whatsoever.

Saruman

At most, give her a free laptop bag or something but by law she is not entitled to it.

mazdagirl

Thanks for the replies,
I have worked in shops for 10 years and have never had anyone chance that one, we dont have a price match policy and it is clearly stated on the wall in the shop that we do not give cash refunds we give replacements, repair of credit note she said she will come back tomorrow with her husband looking forward to that one.

Nody

Excluding the credit part you're home free but do expect them to try to claim their "rights". I'd recommend that you print out the relevant parts from citizeninformation.ie or similar location in advance of them coming in, it will save you a lot of grief.

enda1

Is there not a "cooling off period" for this kinda big purchase of 7 days? Or does it need to be a car or house or something?

Red Alert

I think this may apply when an item is bought online.

Gary ITR

Red Alert wrote: »

I think this may apply when an item is bought online.

Only applies to online purchases or where the seller has solicited the sale... ie a door to door double glazing salesman

eth0_

enda1 wrote: »

Is there not a "cooling off period" for this kinda big purchase of 7 days? Or does it need to be a car or house or something?

That's for mail order and internet purchases, not stuff bought in a shop.

Mazdagirl - stand your ground, don't give this woman anything. She's a chancer and not entitled to a refund if there's nothing wrong with the laptop.

drunkmonkey

If there is no fault the customer can not just return it because she changed her mind...

http://www.consumerassociation.ie/rights_knowrights.html

If she insist's you have to take it back charge a restocking fee of 15% or above....

axer

The customer in that instance is not entitled to any refund or anything basically since there is nothing wrong with the product sold.

Your sign saying that you do not give any cash refunds and only credit notes or exhanges is illegal however and conflicts with consumer statutory rights since consumers have the right to reject goods under certain circumstances thus being entitled to a refund (in cash or whatever way they paid) when those circumstances arise.

Sale of Goods and Supply of Services Act 1980 wrote:

S.11 (3) For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1).

35notout

mazdagirl wrote: »

Thanks for the replies,
I have worked in shops for 10 years and have never had anyone chance that one, we dont have a price match policy and it is clearly stated on the wall in the shop that we do not give cash refunds we give replacements, repair of credit note she said she will come back tomorrow with her husband looking forward to that one.

I love these people who bring "back-up" in other words, the mouthy one is coming in!

Please let us know how you get on! Don't let them bully you and give them nothing!

axer

35notout wrote: »

Please let us know how you get on! Don't let them bully you and give them nothing!

Yes, there is nothing worse. OP stand your ground. If they start quoting any law tell them they can lodge a claim with the small claims court if they feel their rights have been infrindged upon (the claim won't even reach your shop).

If they stay giving out then politely ask them to leave the store (threaten to ring the gardai if necessary). Basically don't put up with their shi't but stay calm and courteous at all times (which will probably piss them off even more ).

Cabaal

An update would be nice tomorrow
Stay calm and just clearly and calmly state the stores policy and what the store has to do by law,

Your credit note sign is however illegal as already noted.

Saruman

One thing though. Perhaps make up a form stating the reason they wish to return the item and have the customer sign it...Then refuse on the grounds its not a valid reason. If she is stubborn she may contact the small claims court claiming the laptop was DOA and cause you some hassle.

axer

Saruman wrote: »

One thing though. Perhaps make up a form stating the reason they wish to return the item and have the customer sign it...Then refuse on the grounds its not a valid reason. If she is stubborn she may contact the small claims court claiming the laptop was DOA and cause you some hassle.

Yeah, maybe don't mention the small claims court at all. Just tell her that she has no entitlement to a refund under law.

TheDriver

Its the same as someone going into Brown Thomas and buying something which is available across the street for cheaper (not saying your shop is expensive or anything!) but its buyer beware, its her tough sh*t that she didn't shop around. Also I am sure you gave her a decent sales pitch and walk through whereas the cheaper place could be more of a larger store with no experienced personnel. Its her tough luck and stand your ground.

Sam Vimes

Nody wrote: »

Excluding the credit part you're home free but do expect them to try to claim their "rights". I'd recommend that you print out the relevant parts from citizeninformation.ie or similar location in advance of them coming in, it will save you a lot of grief.

i second this advice. print out this page:

http://citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland

You have no grounds for redress if

* You were told about the defect before you bought the item (for example, if the goods were marked 'shopsoiled')
* You examined the item before you bought it and should have seen the defect
* You bought the item knowing that it wasn’t fit for what you wanted it to do
* You broke or damaged the product
* You made a mistake when buying the item (for example, if you bought an item of clothing thinking it was black when it is actually navy)
* You change your mind

Saruman

axer wrote: »

Yeah, maybe don't mention the small claims court at all. Just tell her that she has no entitlement to a refund under law.

I was not suggesting he tell her to go to the small claims court The signed document was for the shop in case she does decide to go that route and lie saying the goods were faulty.

Gillo

TBH I'd say it could make the situation worse getting the customer to sign the document, if I was asked to sign something I'd assume that the refund was being processed and then to be told that I wasn't getting one, I'd be well pi$ed off.

Remember the joke we all used to do as kids, "Do you want some sweets?" / "Well there's nothing wrong with wanting". I could well aggravate the situation.

Puteq

I dont know much about these issues but i thought if you bought something and then simply changed your mind for no reason, that you were allowed to return it for money back up to 14 days after purchase?

Saruman

Puteq wrote: »

I dont know much about these issues but i thought if you bought something and then simply changed your mind for no reason, that you were allowed to return it for money back up to 14 days after purchase?

what on earth ever gave you that idea?

Some stores have a policy like that but its up to them. Argos or Heatons are an example.

MysticalSoul

No, she has no legal entitlement here. Some stores do offer a goodwill policy, but that is at their discretion.

Puteq

Saruman wrote: »

what on earth ever gave you that idea?

sorry i dunno, i always had that impression (lucky I never had cause to test it out!), i just read the links above and see that its totally nonsense, from

http://snipurl.com/3bsp5

'You have no grounds for redress if ... You change your mind'

Fighting Irish

give her fook all, i hate people like that

mikemac

mazdagirl wrote: »

Thanks for the replies,
I have worked in shops for 10 years and have never had anyone chance that one, we dont have a price match policy and it is clearly stated on the wall in the shop that we do not give cash refunds we give replacements, repair of credit note she said she will come back tomorrow with her husband looking forward to that one.

Firstly take down that sign. If I bought a laptop off you and a day later it went on fire (like those Dell laptops) I wouldn't accept anything less then a refund. Why do you force your customers to take replacements or credit notes? Sure if you're a small busines you might shut down overnight and what good is a €1000 credit note then?
So get rid of that sign!

In this case, tell that customer to fook off, she is only chancing it

miju

micmclo wrote: »

In this case, tell that customer to fook off, she is only chancing it

excaltly. She is 100% not entitled to a refund for changing her mind, so no matter how much she huffs and puffs when she comes back in with her husband stand your perfectly 100% legally correct ground.

It's gas the people who do their shopping around AFTER they buy something. It's quite frankly bewildering and no wonder such a profiteering attitude has existed here over the course of the boom

Sam Vimes

micmclo wrote: »

Firstly take down that sign. If I bought a laptop off you and a day later it went on fire (like those Dell laptops) I wouldn't accept anything less then a refund. Why do you force your customers to take replacements or credit notes? Sure if you're a small busines you might shut down overnight and what good is a 1000 credit note then?
So get rid of that sign!

In this case, tell that customer to fook off, she is only chancing it

it doesn't really matter what you'd accept or not. Consumer law says that he's within his rights to offer a replacement or repair and if you're not happy with either you can have a judge decide

axer

Sam Vimes wrote: »

it doesn't really matter what you'd accept or not. Consumer law says that he's within his rights to offer a replacement or repair and if you're not happy with either you can have a judge decide

I think what that poster meant is that the sign would attempt to limit his rights if he had a reason to demand a full refund for a laptop purchased there which is illegal.

Gillo

Saruman wrote: »

what on earth ever gave you that idea?

Some stores have a policy like that but its up to them. Argos or Heatons are an example.

AFAIK, in the UK you are legally entitled to seven days remorse, the problem is Irish people watching UK consumer TV program's and forgetting that these shows quote British law.

LolaDub

There is a difference between statutory rights and store policy. Statutory rights do not cover refunds for customers just changing their minds. That comes down to store policy. In this case the store policy is no refund, replacement or credit note.

Flamed Diving

mazdagirl wrote: »

Hi,
I work in a shop that sells laptops, and last week a lady bought laptop from me in the shop, this morning she comes back into the shop the laptop is fine no fault and is happy with it except she saw the exact same laptop spec and model cheaper in another shop and wants a full refund as she wants to buy the cheaper one or she wants to get refunded the difference she is calling back tomorrow once I have spoke to the manager, any replies would be gratefully accepted I don't think she is entitled to get a refund as the product is not faulty would like to hear what other people think before she comes back.

No refund.

Flamed Diving

axer wrote: »

The customer in that instance is not entitled to any refund or anything basically since there is nothing wrong with the product sold.

Your sign saying that you do not give any cash refunds and only credit notes or exhanges is illegal however and conflicts with consumer statutory rights since consumers have the right to reject goods under certain circumstances thus being entitled to a refund (in cash or whatever way they paid) when those circumstances arise.

It is not illegal once it is qualified with: this does not affect your statutory rights

axer

Flamed Diving wrote: »

It is not illegal once it is qualified with: this does not affect your statutory rights

It is not illegal once

it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1)

as is in my quote of the law above.

There is no indication that the OP has "this does not affect your statutory rights" in their sign.

Flamed Diving

Thats what I said, only neater.

:P

mikemac

axer wrote: »

I think what that poster meant is that the sign would attempt to limit his rights if he had a reason to demand a full refund for a laptop purchased there which is illegal.

axer wrote: »

There is no indication that the OP has "this does not affect your statutory rights" in their sign.

Yeah, that's what I meant, you explained it better then I did

Saruman

This discussion is getting off topic is it not? The OP is just an employee and the sign has nothing to do with the original post.

Flamed Diving

The question has been answered many times over. What could we possibly be discussing in relation to that matter without repeating ourselves?

Wannabe mod.

the_syco

sunnysoutheast wrote: »

You may want to watch for the development of any "mysterious faults" in the goods once the customer is advised of this decision.

+1. I'd say the DVD drive will stop working. That, or the Windows directory will delete itself...:rolleyes:

sam34

any update op?

Saruman

the_syco wrote: »

+1. I'd say the DVD drive will stop working. That, or the Windows directory will delete itself...:rolleyes:

Which is why i suggested a form for the customer to sign

anyway surely by now the matter is resolved? mazdagirl is there an update?

Cabaal

the_syco wrote: »

+1. I'd say the DVD drive will stop working. That, or the Windows directory will delete itself...:rolleyes:

repair, replace or refund at the shops discretion
still gets her nothing...except being without her laptop while its being fixed

Big_Mac

Puteq wrote: »

I dont know much about these issues but i thought if you bought something and then simply changed your mind for no reason, that you were allowed to return it for money back up to 14 days after purchase?

Gillo wrote: »

AFAIK, in the UK you are legally entitled to seven days remorse, the problem is Irish people watching UK consumer TV program's and forgetting that these shows quote British law.

Sorry guys, you are both wrong. This 'cooling period' only applied to distance selling. EG if you buy something over the phone or of someone calls you, you sign up online and so on so forth. Going into a shop to purchase something means tough luck if you change your mind. you parted with your cash and entered into a binding agreement

On another note, this is just typical of the nonsense that I have to put up with on a daily basis. I speak with a customer, and they don't like what they're being told and before you know it someone else comes in with their 'I'll talk to this guy and give him what for' attitude. Bunch of knobs with idle threats, it doesn't get you anywhere. In fact if anything, this behavior would make me less likely to do something for them

Stick to your guns OP, and let us know the outcome

craichoe

Big_Mac wrote: »

Sorry guys, you are both wrong. This 'cooling period' only applied to distance selling. EG if you buy something over the phone or of someone calls you, you sign up online and so on so forth. Going into a shop to purchase something means tough luck if you change your mind. you parted with your cash and entered into a binding agreement

On another note, this is just typical of the nonsense that I have to put up with on a daily basis. I speak with a customer, and they don't like what they're being told and before you know it someone else comes in with their 'I'll talk to this guy and give him what for' attitude. Bunch of knobs with idle threats, it doesn't get you anywhere. In fact if anything, this behavior would make me less likely to do something for them

Stick to your guns OP, and let us know the outcome

I don't believe so, i signed up for a Loan inshop with Bank of Ireland, there was a cooling off period and there was a waiver to negate this also.

Doctor DooM

craichoe wrote: »

I don't believe so, i signed up for a Loan inshop with Bank of Ireland, there was a cooling off period and there was a waiver to negate this also.

Thats a different thing again, to do with contracts.

axer

craichoe wrote: »

I don't believe so, i signed up for a Loan inshop with Bank of Ireland, there was a cooling off period and there was a waiver to negate this also.

That is something that was forced to be on the contract via the Consumer Credit Act - not applied to regular consumer contracts for sale of goods or services.

mazdagirl

Hi Guys, cheers for all the replys,
I had everything printed out I could find about returning goods and had all other staff informed about it, she didnt come back I think she saw a laptop cheaper somewhere else or had changed her mind about getting one and was chancing her arm at getting her money back.
anyway thanks again for all the replies.

Cabaal

mazdagirl wrote: »

Hi Guys, cheers for all the replys,
I had everything printed out I could find about returning goods and had all other staff informed about it, she didnt come back I think she saw a laptop cheaper somewhere else or had changed her mind about getting one and was chancing her arm at getting her money back.
anyway thanks again for all the replies.

Sure let us know if she comes back