What are my rights?

Speckledegg

I bought a water proof camera earlier this year and used it when I went on holidays.
I followed all instructions given, but water got inside and damaged the camera.
When I got home I tried to get a refund but the company will only offer me a replacement.
I looked up my rights and found
"Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered."

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

Does this mean I have to accept the replacement the company offer me? Or can I demand a refund?

Any advice is greatly appreciated!

Sleipnir

You can't really demand a refund. A replacement item is fair in the first instance but get it in writing from them that if it fails again, they'll give you a refund.

Of course, you don't have to accept a replacement and could try insisting on a refund but if it went to the SCC, and they said they offered to replace it and you refused, you'd need to give the judge a pretty good reason for doing so.

Reloc8

In these circumstances the retailer is complying with its obligations by offering to replace. In practice some might go further and give you a refund but in your situation they are not obliged to do so.

enda1

Yes OP you are entitled to a refund. an be awful hard to squeeze out of some shops though unfortunately...

Added problem for that kinda device is that its kinda a once off use often where people try to use and return, maybe the shop is just chancing you.

Reloc8

enda1 wrote: »

Yes OP you are entitled to a refund. an be awful hard to squeeze out of some shops though unfortunately...

Added problem for that kinda device is that its kinda a once off use often where people try to use and return, maybe the shop is just chancing you.

Just curious enda - where are you getting that the entitlement is to a refund ?

enda1

Reloc8 wrote: »

Just curious enda - where are you getting that the entitlement is to a refund ?

Yeah seems you're right.

Is their liability though in that the products malfunction, damaged another of the consumers personal effects?

Reloc8

Good question - generally if one product damages another and the first product is shown to be defective by way of being dangerous to person or property the product producer is liable for that damage - but not the retailer.