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Bought car from Garage, Bluetooth missing

  • 11-08-2008 7:39am
    #1
    Registered Users, Registered Users 2 Posts: 106 ✭✭


    Hi all,

    I recently bought a car from a well known dealer on Friday last. I loved the car. So much so i missed that they had removed the bluetooth car kit from it, it had been advertised as having a bluetooth kit and CD player!!!! Now I've bought it there is only a Tape deck and no Bluetooth kit. I have to bring the car back anyway to get Spare key recoded, i was gonna ring them this morning and complain about this, the reason i didn't say anything on friday when i collected it was a forgot to bring the Advertisment with me when collecting the car!!!

    Do i have any come back here? could a demand them supply a Bluetooth Kit?

    Advise needed

    Thanks


Comments

  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    Hi all,

    I recently bought a car from a well known dealer on Friday last. I loved the car. So much so i missed that they had removed the bluetooth car kit from it, it had been advertised as having a bluetooth kit and CD player!!!! Now I've bought it there is only a Tape deck and no Bluetooth kit. I have to bring the car back anyway to get Spare key recoded, i was gonna ring them this morning and complain about this, the reason i didn't say anything on friday when i collected it was a forgot to bring the Advertisment with me when collecting the car!!!

    Do i have any come back here? could a demand them supply a Bluetooth Kit?

    Advise needed

    Thanks

    Yes. If it was advertised as having those things, and you bought it on that basis, you should ask politely but firmly that the bits be replaced. Provide a copy of the ad.

    p.s. Another example of check carefully before driving away.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    Print the ad for evidence.

    Check your orderform, see if it mentions the Bluetooth kit & CD player.

    Insist firmly but politely that they supply you with both.

    Edit: HFIII beat me to it


  • Moderators, Politics Moderators Posts: 41,235 Mod ✭✭✭✭Seth Brundle


    From what the OP has said, I take it that its a used car and that the OP read (e.g. online) that it had the bluetooth and CD).
    AFAIK, there is nothing legal the OP can do as they didn't look for these items when buying the car and the advert was just an invitation to buy, not a concise and definite list of what you get if you buy it.
    Maybe Im wrong.


  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    kbannon wrote: »
    From what the OP has said, I take it that its a used car and that the OP read (e.g. online) that it had the bluetooth and CD).
    AFAIK, there is nothing legal the OP can do as they didn't look for these items when buying the car and the advert was just an invitation to buy, not a concise and definite list of what you get if you buy it.
    Maybe Im wrong.

    I'd say you are tbh. Car was advertised as having these bits, and low and behold it had them when viewed.

    Would have been reasonable to assume they wouldn't be removed therefore.

    OP made a common error in not checking his new purchase over fully. Never ever take a car unless it's 100%. It's much easier sort issues before concluding the transaction.


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    kbannon wrote: »
    From what the OP has said, I take it that its a used car and that the OP read (e.g. online) that it had the bluetooth and CD).
    AFAIK, there is nothing legal the OP can do as they didn't look for these items when buying the car and the advert was just an invitation to buy, not a concise and definite list of what you get if you buy it.
    Maybe Im wrong.

    Legally, I'm sure you're correct kbannon, an advertisement is merely "an invitation to treat" and is not binding.

    My first port-of-call would be the contract/order form to see if it mentions Bluetooth or CD. After that I'd be appealing to the dealer's conscience (that's going to open a can of worms...) to get the bits re-instated in the car if appropriate.


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  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    AudiChris wrote: »
    Legally, I'm sure you're correct kbannon, an advertisement is merely "an invitation to treat" and is not binding.

    It can also form the basis for fraudulent missstatement and also for an action based on sale by description. It is incorrect to say an advert is merely an invitation to treat and as such as no legal standing. The fact the advert is an invitation to treat becomes irrelevant once the contract is made and it generally will become part of the contract once it comes into being.

    Also I assume the Cd player etc was there when the car was first viewed, so the advert is really irrelevant other than a proof that there was at one point a cd player and bluetooth kit present.


  • Registered Users, Registered Users 2 Posts: 106 ✭✭robbie2003ie


    Well Lads,


    Just been onto the Dealer and they have agreed that they will fit a bluetooth Kit. Not worried about the CD Player.

    Another note, there is no spare tyre. He said that some BMW's don't come with spare tyres!!!!! Can you believe that!! But they have agreed to Fit new Bluetooth and get me a spare tyre. so I'm happy with that.

    What a result.

    Thanks everyone for the replies


  • Moderators, Politics Moderators Posts: 41,235 Mod ✭✭✭✭Seth Brundle


    BMWs with RFTs (Run Flat Tyres) dont come with a spare because technically they don't need one (they don't have (much of) a toolkit either for this very reason). I don't recall you saying what model you have bought so I'm guessing that it is a newer model with RFTs.

    Did you actually look at the car before buying it?
    maidhc wrote: »
    It can also form the basis for fraudulent missstatement and also for an action based on sale by description. It is incorrect to say an advert is merely an invitation to treat and as such as no legal standing. The fact the advert is an invitation to treat becomes irrelevant once the contract is made and it generally will become part of the contract once it comes into being.

    Also I assume the Cd player etc was there when the car was first viewed, so the advert is really irrelevant other than a proof that there was at one point a cd player and bluetooth kit present.
    If an article is advertised at a certain price, it does not have to be sold at that price (but if agreement is made on the price then it sticks).
    I believe the same principles apply to other items mentioned in the advert. However, whatever is mentioned in the advert is not proof of anything.


  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    kbannon wrote: »
    If an article is advertised at a certain price, it does not have to be sold at that price (but if agreement is made on the price then it sticks).

    Correct. Although there are certain rights in consumer law which are in this case irrelevant.
    kbannon wrote: »
    I believe the same principles apply to other items mentioned in the advert. However, whatever is mentioned in the advert is not proof of anything.

    Incorrect. If the purchaser relies upon the advert in purchasing the car then it can be held to form part of the contract. This can be avoided if for instance the purchaser saw clearly when viewing the car there was no cd player, but continued. However if the advert said "never crashed" or "one careful owner", and if this was not readily apparent from viewing the car, then the advert could form part of the actual contract to buy the car.
    That is my understanding of the princples in Harlingdon v. Hull, but you are free to differ.

    What could not happen is for the purchaser to walk into the showroom and force the dealer to sell a particular car, at the advertised price and with what ever is specified in the ad. There is a subtle difference, and people should NEVER assume an advert is irrelevant or that they can not be sued on foot of it.

    When I say the advert could be of evidential use, I mean to say if the CD player was present at the time of viewing (when the contract was made), but gone at the time of collection, the the advert could be produced in court as evidence as to what was once in the car.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito



    Would have been reasonable to assume they wouldn't be removed therefore.
    .

    I'd say it's more likelyt that the car didnt have it (wrong box ticked, txt copied from another ad) than that they actually went to the bothr of removing the kit.


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  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    Would have gone for the CD player instead. Sure better hope its a decent bluetooth kit. or its just a waste.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    listermint wrote: »
    Would have gone for the CD player instead. .


    I assume this is the reason there are still so many eejits goign around with phones to the ears or holding them in front of their faces.


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    jebus, what kind of BMW has run flat tyres but no CD player. are you sure there isn't a CD changer in the boot on the left hand side?


  • Closed Accounts Posts: 690 ✭✭✭VH


    what year and model is it?


  • Moderators, Politics Moderators Posts: 41,235 Mod ✭✭✭✭Seth Brundle


    colm_mcm wrote: »
    jebus, what kind of BMW has run flat tyres but no CD player. are you sure there isn't a CD changer in the boot on the left hand side?
    I was the one who raised the possibility of RFTs. Until we know the answer to VH's question, we are just speculating.


  • Registered Users, Registered Users 2 Posts: 106 ✭✭robbie2003ie


    Its a 318 ci coupe mSeries 2002

    There is 4 screw holds on the side of the center console where the Bluetooth was, so they defo went through the bother of removing it!! And wires hanging everywhere, it just looks messy. Anyway i know fellas working in Garages have a list from different friends requesting this and that,wonder if the fella in the garage comes across Bluetooth Kit can the get it for them. I'm not saying everyone in a garage does this but i do know a few fella's who do this.

    It was just unfortunate that he took out the bluetooth kit out of my car after the person advertised the car!!!

    Anyway they have said they will replace bluetooth and Spare tyre.

    Thanks for all the replies


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    surprised a 3 series coupe doesn't have a CD changer in the boot.


  • Closed Accounts Posts: 690 ✭✭✭VH


    did the 318 ci not come with a cd player in 2002? surely by then bmw must have been fitting them - I'd check into this if I were you

    4 screw holes in the dash/console from my experiece is where a phone cradle used to be - I presume that kit is aftermarket then?


  • Moderators, Politics Moderators Posts: 41,235 Mod ✭✭✭✭Seth Brundle


    AFAIK the multichanger was a prewired option.
    As for the holes, defo sounds like they were from a previous phone kit.


  • Registered Users, Registered Users 2 Posts: 106 ✭✭robbie2003ie


    Yeah defo there was a Phone kit there before hand.


    As for the CD Player, Was surprised myself when i seen cruise control in the car and no CD Player!!!!!

    Any how, its being sorted now so thanks again to everyone who replied, will let you know what happens.

    Dropping the car in this afternoon.Hopefully i'll have it back on Friday afternoon,

    Rob


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  • Registered Users, Registered Users 2 Posts: 3,570 ✭✭✭rebel.ranter


    Forget the CD player, get one of these:

    http://www.europeanautosource.com/product_info.php?products_id=1621


    It plugs into your existing CD changer cable in the boot. It works a treat. The set up is relatively straight forward too. It will cost about the same price as a 2nd hand BMW CD changer unit, that's allowing for delivery costs from States too.

    Very surprised that there was no spare in the boot. Finally are you sure the car had a Bluetooth phone kit or just a normal car kit with cradle.


  • Registered Users, Registered Users 2 Posts: 106 ✭✭robbie2003ie


    Forget the CD player, get one of these:

    http://www.europeanautosource.com/product_info.php?products_id=1621


    It plugs into your existing CD changer cable in the boot. It works a treat. The set up is relatively straight forward too. It will cost about the same price as a 2nd hand BMW CD changer unit, that's allowing for delivery costs from States too.

    Very surprised that there was no spare in the boot. Finally are you sure the car had a Bluetooth phone kit or just a normal car kit with cradle.

    Hey ya Rebel,

    so let me get this right, i connect this product to the CD Changer connections . Then i connect my ipod to it and leave it in the Boot, So when i'm driving it will show text on the radio like shuffle songs , Artists, album, i can select what album i want to play or song?

    That is brilliant if it works like that.

    Can you explain exactly how it works?

    Rob


  • Registered Users, Registered Users 2 Posts: 3,570 ✭✭✭rebel.ranter


    Yes you could leave it in the boot but there is enough cable to run it all the way from the boot into the glove box. (I installed mine this way). It just means you can access the iPod easier & it is not sitting in the cold boot). There are two little connectors in the boot in where the CD changer is mounted.

    By buying this kit it mean you will be able to control the iPod from your steering wheel controls & the stereo controls themselves. Also the Artist/Album/Track name displays on the BMW stereo.

    What this unit does is it fools the BMW stereo into think that your iPod is a giant CD Multichanger, each play list is a "CD" as far as the stereo is concerned. It also charges the iPod too.

    The browse through songs on a play list by selecting "1" on the stereo & for browsing playlists select "2". Use up and down button for browsing.

    There is a pretty good support forum for this unit which is regularly visited by Tom the guy that works at EAS.

    The set up is pretty easy to do. One important step is to disconnect both terminals of the battery & touch them off each other.This is important to clear down the CAN bus of the car. I thought it was a load of rubbish but it actually does make a difference. Failure to do this may result in the unit not working (I had a problem initially but doing above solved it instantly).

    Optional
    If you want to make it even cooler & if you are really clever you can save "text to speech" wav files for the title of each playlist. Then ave this wav file as the first track in your playlist. When you scroll through playlists then the title of the playlist will play first.
    It took a bit of time to do this bit but I did it with mine. It is actually quite cool. I have it set up with an iPod Nano full time but my iPhone also works with it.
    There is also an Aux port on the box should you wish to plug in another device.I haven't used this for anything, yet.

    I have had mine for nearly two years without hassle. Here is a guide to how it is installed. Ignore how this guy's display works, the unit in mine displays on the stereo (MID display).
    http://www.gunsmoke.com/cars/540i/dice/index.html


  • Registered Users, Registered Users 2 Posts: 106 ✭✭robbie2003ie


    Cheers man really appricate it.

    Thanks again
    rob


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