Peats wouldn't give me a refund

jackofnotrades

Hi Guys,

I bought a (purple, it had to be purple) digital camera for my girlfriend as an xmas present. To our delight when it was opened on Christmas day it didn't work. It makes a weird digital noise, clicks, the lens doesn't come out and the screen never lights up. I brought it back to the shop today looking for a refund. They told me that they couldn't give me a cash refund on items over 150 euro and I would have to come back on Monday for a cheque. Now I'm sure after looking up on: http://www.consumerassociation.ie/ http://www.irishstatutebook.ie/
that since the camera was faulty I'm entitled to a full refund. What I'm not sure about is this cheque business. I paid in cash and they want to give me a cheque. This means I have to go into them on Monday get the cheque then go to my bank and then wait for it to clear ... :[. This means not only was my Christmas present ruined but my girlfriend is probably going to be without a camera for new years as well. As it stands I have a broken camera, a receipt and no refund. Anyone know if I'm entitled to get the money back in the way I paid ?

Thanks for any help
Jack

the_syco

Sounds like a security policy that they can't give large cash refunds.

They will give you a cheque. Did you ask was there any other available options? Also, see if they have another purple camera. As far as I can see, they're not being a-holes about it, as they are giving you the full refund.

MagicMarker

They probably only have a max of 250 in the till, they can't very well give out all the money for a refund. Most people use a credit card for large purchases, therefore when they want a refund they get it charged back onto the credit card.

Sam Vimes

ask for a replacement instead?

As people have said shops don't keep that much money in the till generally

LiamD

jackofnotrades wrote: »

Hi Guys,
I brought it back to the shop today looking for a refund. They told me that they couldn't give me a cash refund on items over 150 euro and I would have to come back on Monday for a cheque. Now I'm sure after looking up on: http://www.consumerassociation.ie/ http://www.irishstatutebook.ie/
that since the camera was faulty I'm entitled to a full refund.

They are giving you a refund, albeit it's not the most convenient refund.

chrislad

People can be funny. I had a woman in today at 10:01am (and the shop opened at 10am) looking for a refund for an item worth 300e. I told her I didn't physically have the money to give her, and she got up on her high horse, saying it was her consumer rights to get a refund on a faulty item, which is was in this case, and I literally had to shout her down to explain that she could have the refund but not there and then as I had no money.

tk123

I got a refund off them a few years ago in cheque form - the cheque was drawn from either AIB or BOI in O'Connell Street (can't remember which one) so able to go to the branch and cash it on the spot- no need to lodge it and wait for it to clear.

Guy:Incognito

AS above, did you not just ask to swap it for a new one? Durely thats the easiest option all round?

JDxtra

Seems Peats are being fair to me. Take it and count yourself lucky they are taking it back so easily. They could insist on getting manufacturer to check it over. I am not saying this happened in this case, but the symptoms to me point towards a camera drop on a hard surface...

dudara

Peats did offer you a refund. Businesses these days are conserving cash, and therefore may not be keen on offering large quantities of cash. But they are offering you a cheque. Therefore you are incorrect in saying that they are refusing you a refund.

vincenzo1975

could they not swap it for a new one or give you credit to get a different camera to that amount , if you really need a camera that is?

XJR

Seems Peats are being reasonable enough to me although ti doesn't quite suite you.

I recently returned an €78 purchase because although it worked it didn't do exactly what I wanted - I got a no quibble refund on the spot. I've been shopping there years and always found it a good place to do business.

Red Alert

I've never had any trouble there with refunds - the cheque is as good as cash assuming that they're solvent.

EKRIUQ

The title to this thread and the complaint don't match, Peat's will give you a refund but in cheque form.

Tomk1

Seems very fair to me, it fact you will be doing better off, as now you can get a way better camera in the sales.

311

Thank your lucky stars you don't have to go through http://en.wikipedia.org/wiki/Return_merchandise_authorization

For the lenght it would take a cheque to clear ,you might get an authorization.

jackofnotrades

Thanks for all the comments. I just want to clear some things up. The title is correct I went into peats and they wouldn't give me a refund as I asked for they said I would have to come back. They also could not ask me to deal with the manufacturer see http://www.consumerassociation.ie/rights_retailers.html#not_our_Fault

I understand that shops don't have much cash on the premises but since they were asking me to come back two days later they could have arranged to have the cash since they sold me a faulty camera and are making me come back into town. I'm lucky enough to be off work today, but what if I wasn't then what am I supposed to do as they will only give cheques on week days ?

I would happily have taken another camera in the shop but as I explained this camera is for my girl friend and she wanted a purple one. They didn't have any more purple ones. All that aside the camera was faulty and I'm entitled to a full refund and thats what I want.

The question I was asking was am I entitled to get it back in the form in which I paid which was in cash. No one seems to know the law on this situation and I can't find anything online. Does anyone know the letter of the law on this ? Anyway I'm going in today to get the cheque, if I can cash it straight away then I will be happy enough. Its all just a big inconvenience.

astrofool

In the eyes of the law, is there a difference between a cheque and cash? i.e. in a court room, do you think a judge would rule on your side that you should be given cash, rather than accept a cheque for the same amount?

PCPhoto

the answer to your question is ...... NO. (In my opinion)

you are not entitled to your refund in the same method you paid, a shop has the right to use its discretion (and common sense) - as I understand consumer law (and I could be wrong) ....but ..... if the product is faulty you are entitled to repair/replace/refund - they are offering a refund - albeit not very convenient for you - they are willing to refund you (on their terms).

Most shops will use common sense and just wait until the money is available and return the cash to you, but it seems like Peats have adopted a strategy/system which is more beneficial to their business.

As another poster mentioned - take the cheque - buy a new/better model (purple - of course) and you should have some extra cash available to treat the missus to something nice.

Sam Vimes

jackofnotrades wrote: »

Thanks for all the comments. I just want to clear some things up. The title is correct I went into peats and they wouldn't give me a refund as I asked for they said I would have to come back.

Which means the title should be "peats asked me to come back later for my refund because they could not physically give it to me there and then and they did not refuse to give it to me"

jackofnotrades wrote: »

They also could not ask me to deal with the manufacturer see http://www.consumerassociation.ie/rights_retailers.html#not_our_Fault

Did they?

jackofnotrades wrote: »

I understand that shops don't have much cash on the premises but since they were asking me to come back two days later they could have arranged to have the cash since they sold me a faulty camera and are making me come back into town.

The reason they don't have the cash is for security. That doesn't change when some guy wants a refund because some guy always wants a refund.

jackofnotrades wrote: »

I'm lucky enough to be off work today, but what if I wasn't then what am I supposed to do as they will only give cheques on week days ?

Unfortunate but not illegal. Maybe they can do something about it in special circumstances like post the cheque out

jackofnotrades wrote: »

All that aside the camera was faulty and I'm entitled to a full refund and thats what I want.

No you're not, you're entitled to refund, repair or replacement

jackofnotrades wrote: »

The question I was asking was am I entitled to get it back in the form in which I paid which was in cash. No one seems to know the law on this situation and I can't find anything online. Does anyone know the letter of the law on this ?

You'll find with consumer law there's very little that's "the letter of the law", it's all about what would be seen as reasonable if it were taken to the small claims court. The law entitled you to a refund, repair or replacement and peats gave you the best of the three but in a way that was a bit of an inconvenience to you because of security policies they have. Sounds reasonable to me

tony1kenobi

Could the reason they refund by cheque be so they have proof you recieved the refund?

Nody

tony1kenobi wrote: »

Could the reason they refund by cheque be so they have proof you recieved the refund?

Doubt it as if they paid in cash they would have the camera and receipt anyway, I'd guess that it is simply company policy to not give cash refunds exceeding X due to the risk involved.

Kintarō Hattori

Sam Vimes wrote: »

Unfortunate but not illegal. Maybe they can do something about it in special circumstances like post the cheque out.

If the customer requests it cheques can indeed be posted out and have been done on many occasions in the past.

Nody wrote: »

Doubt it as if they paid in cash they would have the camera and receipt anyway, I'd guess that it is simply company policy to not give cash refunds exceeding X due to the risk involved.

Cash refunds can be given up to €100. As pointed out after that it has to be a cheque for security reasons.

MunsterCycling

Item was not of merchantable quality so a full refund is an entitlement.

http://www.consumerassociation.ie/rights_retailers.html#norefund

MC

Bluetonic

MunsterCycling wrote: »

Item was not of merchantable quality so a full refund is an entitlement.

http://www.consumerassociation.ie/rights_retailers.html#norefund

MC

Have you read the other posts on the thread?

DerKaiser

According to the law you are entitled to 1. repair 2. replacement 3. refund, did you request repair or replacement? If not they are following the letter of the law. The cheque will be AIB and will be cashable at the branch on O'Connell st instantly with ID

thebman

chrislad wrote: »

People can be funny. I had a woman in today at 10:01am (and the shop opened at 10am) looking for a refund for an item worth 300e. I told her I didn't physically have the money to give her, and she got up on her high horse, saying it was her consumer rights to get a refund on a faulty item, which is was in this case, and I literally had to shout her down to explain that she could have the refund but not there and then as I had no money.

Its probably got something to do with the way a lot of Irish businesses treat their customers that they get defensive very soon as a lot of companies will try anything to stop giving customers their rights and just hope they are ignorant of their rights.

A lot of staff seem to be ignorant of what consumers are entitled to or just don't care too.

Why didn't you just say that she could have the refund but that you didn't have enough money in the till at that moment rather than just telling her that you didn't have the money in the till.

Start with the good news that she is entitled to a refund and then tell her that you can't give it to her.

Sam Vimes

MunsterCycling wrote: »

Item was not of merchantable quality so a full refund is an entitlement.

http://www.consumerassociation.ie/rights_retailers.html#norefund

MC

That site's always seemed a bit dodgy to me. What exactly does it mean by "not of merchantable quality"? If something is of merchantable quality why would want to get a refund, repair or replacement

It seems to be saying that the retailer cannot try to repair an item or offer a replacement because you're always entitled to a refund. And that's just wrong

Sam Vimes

it also contradicts itself, in one place saying you're entitled to a refund, repair or replacement and in another simply saying refund

And then in response to the statement "it's your fault. The product wasn't made for that purpose", it goes on as if it actually was made for that purpose and the retailer is lying or something. It seems to me that they're saying you can use a toaster under water and get a refund because you "shouldn't get fobbed off by the excuse that it wasn't made for that purpose" :rolleyes:

Sangre

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

Sam Vimes

Sangre wrote: »

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

That's the page i always reference because it just quotes the law and doesn't make it seem like you have rights you don't