faulty Item - consumer rights

bgengine

Hi,
Just a quick question..

I bought an electronic device from a shop ... it's gone faulty but still under warrenty. the shop told me that after the first 28 days they will look at it .. after that I can contact the manufacturer. It's 9 months since I bought it - but I have insisted that my contract is with them and I am not obliged to return the item to the manufacturer - the shop is ... they have now accepted this and will return the item....

my question now is ... what is the sequence I can expect from the shop...
First repair, then replace, then refund ?

Also, the shop tells me it would be much faster for me to return the item to the manufacturer ... I don't want to do this - I'm expecting the shop to do this but how long is it reasonable to allow for the shop to get the item repaired ... I'm afraid this could drag on for months ... at what stage can I say enough is enought I want a replacement or a refund ?

thanks

axer

Read this: http://www.boards.ie/vbulletin/showthread.php?t=291266

What type of electronic device?

Firstly, you do not have to deal with the manufacturer - you can choose to but you do not have to. I would deal with the shop unless there is some good reason not to e.g. shop closed down etc.

In this situation you could not really expect a refund since you have been using it for 9 months. I think a repair first (if possible) would be fair unless you can think of a good reason to demand a replacement instead. The repair must be permanent and must be carried out within a reasonable length of time. Agree this length of time with the shop before giving the item to them to be repaired (in writing is always better).

If they refuse to give a repair or replacement then demand a refund.

bgengine

Thanks axer,

It's a Nintondo DS Lite and yes I have insisted the shop go about returning it to the manufacturer .... they have agreed to do this.
As I say I'm just afraid it will drag on for months ... but your suggestions make good sense and I'll try and do this when I drop it back to the shop ...

thanks for your help

axer

bgengine wrote: »

Thanks axer,

It's a Nintondo DS Lite and yes I have insisted the shop go about returning it to the manufacturer .... they have agreed to do this.
As I say I'm just afraid it will drag on for months ... but your suggestions make good sense and I'll try and do this when I drop it back to the shop ...

thanks for your help

You do not have anything to do with the word manufacturer. All you are doing is returning to the seller - you want it back repaired in a reasonable time. Nothing else has anything to do with you.

Good luck.

LolaDub

Look at www.consumerconnect.ie This is the national consumer agency's website for customers and has a whole lot on faulty goods. The product breaking under warranty is different to it being sold as faulty. Your contract is with the shop, they have to know that and are probably just trying to pass on the hassle of dealing with a manufacturer and an annoyed customer. The seller has to either refund/repair/replace the item if it breaks under warranty, most times they will choose to repair it which is their choice. You have to allow them an opportunity to fix the mistake. As axer says get the date to have it back in writing. The repair must be permanent, if it is not then you get a replacement or refund. A lot of companies try to say they will replace after 3 repairs but don't let them, your statutory rights are that the first repair has to be permanent. Good luck!

Antigone05

With Nintendo they ask that the customer talk to them directly as they want to trouble-shoot it first with them over the phone.

if no success they will arrange a courier to come out and collect it. Turn over is about 5-7 working days.

you can of course go to where you purchased it and they can do this for you but in all honesty it will take more time, with directly talking to Nintendo it will be collected from your door and back.

As i said, you have every right to go back to where you bought it!

hope that helps

dilallio

Antigone05 wrote: »

With Nintendo they ask that the customer talk to them directly as they want to trouble-shoot it first with them over the phone.

if no success they will arrange a courier to come out and collect it. Turn over is about 5-7 working days.

you can of course go to where you purchased it and they can do this for you but in all honesty it will take more time, with directly talking to Nintendo it will be collected from your door and back.

As i said, you have every right to go back to where you bought it!

hope that helps

+1
the shop will return it for you, but it could take weeks, and depending on how well organised they are, you could be wasting a lot of time calling them to see if it has been returned. By contacting Nintendo, you will be given much better & timely info, and they will deliver it back to you direct. While the shop are responsible, what should be important to you, is how quick and painfree you can get it repaired & returned and from my experience dealing directly with the manufacturer works best.

teencitizen88

As a previous employee of a retailer which sells Nintendo products, we were always told to inform customers that they should only return the product to us within 28 days. Apparently the manufacturers themselves tell us this, so that they can determine the fault etc. Also, Nintendo have a very easy and quick online customer services page to help with returns. About 80% of customers did bring back their faulty DS or Wii after the 28 days though. We tried to help as much as possible (giving contact details of Nintendo and giving customers steps to take) but the majority of people really aren't happy doing this. I don't really know why though because it genuinely doesn't take as long if the customer sends the product straight back to the manufacturer. If anyone kicked up a real fuss, with the permission of the manager we'd send it to Nintendo ourselves, but it always took a lot longer. I do understand how frustrating that can be for the customer though.

foggy_lad

also it is under warranty at the moment and that warranty period freezes until the product is repaired so that if it takes some time to sort out a repair or replacement you will still have the same remaining warranty period.

Antigone05

dont know if thats true.

most companies offer 3-6 months extension to the existing manufacture warranty if its gone for repair and has been repaired.

please correct me if im wrong

craichoe

9/10 times the Retailer (middleman) adds 1-2 weeks on returns to the Manufacturer. Dealing direct is much quicker.

Repair is 3 months warranty on the product, or till the end of the warranty, whichever comes first.

Replacement product comes with the standard warranty as of new. However the Guarantee is no longer with the retailer in this case.