Returning an opened item.

geuro

Hi all - any help appreciated

Scenario:

• Lost phone on bus last Fri, contacted bus depot, no sign of it.
• Bought a replacement phone a in a well know phone store at lunch time, plugged it in to start charging.
• Got a call from bus company to say they have it.
• Unplugged new phone and repackaged as best i could

So - am i entitled to get my money back for the phone i just bought? Talked to the store and they said that i should not have opened it. Wish i hadn't, but just wondering where i might stand from a consumer rights perspective.

Thanks

G

Mr. Presentable

geuro wrote: »

Hi all - any help appreciated

Scenario:

• Lost phone on bus last Fri, contacted bus depot, no sign of it.
• Bought a replacement phone a in a well know phone store at lunch time, plugged it in to start charging.
• Got a call from bus company to say they have it.
• Unplugged new phone and repackaged as best i could

So - am i entitled to get my money back for the phone i just bought? Talked to the store and they said that i should not have opened it. Wish i hadn't, but just wondering where i might stand from a consumer rights perspective.

Thanks

G

In short, no.

itsallaboutme!!

as far as i know they dont have to give you a refund unless the item is faulty. they would say its not their problem you found your old phone and dont need the new one now. it would just be a goodwill thing if they were to give you your money back.

ceannair06

itsallaboutme!! wrote: »

as far as i know they dont have to give you a refund unless the item is faulty. they would say its not their problem you found your old phone and dont need the new one now. it would just be a goodwill thing if they were to give you your money back.

Ask nicely, just dont go it shouting the odds and chances are you'll be okay.

geuro

yeah that's what i was thinking alright, just wanted to know exactly where i stand before i went in..

The Big Red Button

Where did you buy it? I got a Samsung phone from Vodafone last year, was using it for a couple of weeks but really didn't like it and also it had a crap battery life. I was able to return it (I needed all the packaging though or they wouldn't have taken it back) and I got a Nokia instead that was half the price, and they refunded the difference. It was really good customer service, but seeing as there was nothing actually wrong with the phone they weren't under any obligation to take it back.

In fact, as far as I know, even if you hadn't opened the phone they wouldn't be obliged to take it back - almost all shops would though, out of goodwill.

Mimikyu

This post has been deleted.

Gamesnash.ie: Pat

itsallaboutme!! wrote: »

as far as i know they dont have to give you a refund unless the item is faulty. they would say its not their problem you found your old phone and dont need the new one now. it would just be a goodwill thing if they were to give you your money back.

They don't have to give you a refund even if it was faulty. They can choose to repair, replace or refund at their discretion.

Oryx

O2 also used to have a 10 or 14 day no quibble return policy, for their bricks and mortar shops only.

But if youve spoken to the shop and they say the fact you opened it is a problem, well its a problem. Legally you are simply not entitled to return something just because you change your mind, even if youve just walked out of the shop. Anything else is down to the policies of the individual shop.

If you are getting a blank no on a refund, suggest that youd be willing to take a credit note or alternative goods, see how that goes.

Whatever you do, do not get narky at them! In my experience both behind and in front of a counter, people are more willing to help if you're nice and calm.

snappieT

Try for a refund, you won't get it.
You'll probably be able to convince them into selling you the value of the phone in credit or something like that.

Run_to_da_hills

Some service providers take hardware back and and will move it on as "refurbished" for those claiming insurance etc.

HouseHippo

Sell it on buy and sell for like a tener less than face value

Run_to_da_hills

HouseHippo wrote: »

Sell it on buy and sell for like a tener less than face value

That will only work with a subsidized bill phone. RTG will offer you free credit incentives on new phones.

I would personally hang on to it as a spare. I always keep a back up phone, also handy for overseas guests when they use a sim pack

Pegasus15

Gamesnash.ie (Pat) wrote: »

They don't have to give you a refund even if it was faulty. They can choose to repair, replace or refund at their discretion.

Actually, not true:

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/

National Consumer Agency wrote:

The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.

Kensington

Well it's either take what the retailer offers, or take the retailer to the small claims court, with no guarantee the small claims court will rule against the retailer, in your favour.

Furthermore, the retailer is entitled to examine the item in order to verify that the fault was not caused by the actions of the consumer.

Gamesnash.ie: Pat

Pegasus15 wrote: »

Actually, not true:

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/

My bad it should have said offer a repair, refund or replacement at their discretion. The customer is entitled to refuse the offer made and seek redress elsewhere alright ie the small claims court etc but the retailer is not obliged to offer a refund simply because a customer says I won't accept a repair or replacement.

The national consumer agencys instructions to retailers wrote:

If you offer to repair the item, the repair should be permanent. If you offer a refund, this can be in cash or by cheque, or (if appropriate) you can refund their credit card account. If you offer a credit note or voucher instead, the consumer has the right to refuse and to ask for a refund instead.
If the shopper is not happy with your offer of a repair, replacement or refund, they have the right to seek an alternative remedy. They are entitled to take legal action if they are not happy with your final offer. They also have the option to refer the matter to the Small Claims Court, which handles claims of up to €2,000 by consumers against shops.

axer

Gamesnash.ie (Pat) wrote: »

They can choose to repair, replace or refund at their discretion.

Why do people always say this. It is NOT at their discretion. It is at the discretion of the law i.e. dependant on circumstances.


Oops, just read the later posts.

foggy_lad

geuro wrote: »

Hi all - any help appreciated

Scenario:

• Lost phone on bus last Fri, contacted bus depot, no sign of it.
• Bought a replacement phone a in a well know phone store at lunch time, plugged it in to start charging.
• Got a call from bus company to say they have it.
• Unplugged new phone and repackaged as best i could

So - am i entitled to get my money back for the phone i just bought? Talked to the store and they said that i should not have opened it. Wish i hadn't, but just wondering where i might stand from a consumer rights perspective.

Thanks

G

getting back to the op's post and there is NO faulty phone just a fortunate return of a lost phone but just after a replacement was bought so no you are not entitled to anything but if you explain the situation in the store they might decide to take the phone you bought back in the hope you might consider their shop the next time you go to buy a phone.

ShooterSF

Is there some kind of 7 day buyer remorse law or am I imagining things?

Gamesnash.ie: Pat

ShooterSF wrote: »

Is there some kind of 7 day buyer remorse law or am I imagining things?

Not in general - there is an opt out clause in financial agreements like bank loans which can cancel the contract ( think its 10 days )

There is a law in regards to distance selling which allows customers to send an item back that they bought by mail order or over the internet. Items have to be unopened and unused etc and the customer has 7 days to return the item. This may be what you're thinking of ?

Pegasus15

Gamesnash.ie (Pat) wrote: »

My bad it should have said offer a repair, refund or replacement at their discretion. The customer is entitled to refuse the offer made and seek redress elsewhere alright ie the small claims court etc but the retailer is not obliged to offer a refund simply because a customer says I won't accept a repair or replacement.

Fair enough .

I'm just about to take a well-known retailer to the Small Claims Court, and I've been brushing up on my consumer law. I only saw that linked page recently, and as such it was still fresh in my mind.

But anyway, OP, what did the shop say to you in the end?