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Am I entitled to a Refund from 3

  • 12-01-2011 12:55pm
    #1
    JoeMcSavlon
    Registered Users, Registered Users 2 Posts: 8 ✭


    Just a quick question guys. I bought a phone with 3 on the 3rd of December. It was faulty ( turning itself of freezing etc) so I brought it back to the shop the following week & the gave me a new phone. The second phone was also faulty with the same problems. I wanted a refund as it was a waste of my time coming into them again, the product I bought didnt work on two occasions but they said I'm not entitled to a refund only a replacement. They verified the fault and fixed the phone but I dont want it back I want a refund.

    Am I entitled to one??


Comments

  • #2
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    If it's fixed, then no. You can't insist on a refund if you've already allowed them to repair the phone. If the repair is unsuccessful though, you would be in a position to ask for a refund. If they refuse, then you can use the Small Claims Court.


  • #3
    dudara
    Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Under consumer law, when a product is faulty, you are entitled to either a replacement, repair or refund. The shop typically offers one, but it must be a reasonable offer.

    So the first time you had a problem, receiving a replacement was an entirely reasonable offer. However, now that the defect has occurred for a second time with the same model of phone (two phones, two defects), then I would view further replacements as being unreasonable. This leaves you with two options under law, a refund or repair.

    BTW - I had the exact same story happen to me several years ago with a DVD writer in PC world. After the second drive failed, PC world offered me a different model entirely or a refund.


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