Can you get a refund if you dont want a replacement of a faulty product.

misty76

Yesterday i bought a pair of curtains in a large retail chain in Dublin and when i brought them home i seen some flaws and a blemish i immediately repackaged and returned today to get a refund. I was going to just get a refund as its easier than taking out of package but decided the nice thing to do was inform them they were flawed so another consumer would not have the same trouble as me..

Oh my god, the manager basically accussed my of marking the curtain and in front of a large crowd and would only offer me a replacement. I took the replacement but im wondering now was i entitled to a refund it was them who sold me the damaged goods and i informed them of the flaws, if they were not flawed they would of given me a refund, doesnt make sence.. This paticular shop gives you a refund for change of mind so to speak, wont mention the name..

I returned 24 hours later and treated like a criminal, disgraceful really.. So i m wondering could i have pushed for a refund or what were my rights. Thanks all : )

misty76

Your rights when things go wrong

If goods are not of merchantable quality or are not fit for their purpose or are not as described the consumer is entitled to a remedy.

If the reason for the complaint is not trivial and is discovered soon after purchase, the consumer is entitled to reject the goods and insist on a full refund provided prompt action is action is taken.

If the goods have been used for some time, or if there is undue delay in making the complaint, or if there is reason to believe that the goods have been accepted, the consumer's entitlement, at best, may be to a repair or to a partial refund.

There are no hard and fast rules as each case has to be considered on its merits.





JUST SEEN THIS. SO I WAS ENTITLED TO A REFUND TODAY??? is that right? because i brought it back as soon as i could the next day..

maxer68

Please tell us the name of the store that treated a customer in such a way. Legally you were not entitled to a refund, but as a customer you are entitled to respect.

Hopefully you'll shop elsewhere in future where your custom is appreciated

misty76

maxer68 wrote: »

Please tell us the name of the store that treated a customer in such a way. Legally you were not entitled to a refund, but as a customer you are entitled to respect.

Hopefully you'll shop elsewhere in future where your custom is appreciated

Your rights when things go wrong

If goods are not of merchantable quality or are not fit for their purpose or are not as described the consumer is entitled to a remedy.

If the reason for the complaint is not trivial and is discovered soon after purchase, the consumer is entitled to reject the goods and insist on a full refund provided prompt action is action is taken.

If the goods have been used for some time, or if there is undue delay in making the complaint, or if there is reason to believe that the goods have been accepted, the consumer's entitlement, at best, may be to a repair or to a partial refund.

There are no hard and fast rules as each case has to be considered on its merits.


Just seen this above so i think i was entitled to a refund, the shop was a large chain store that sells clothes both men and womens and shoes and household items and babys clothes and has a store on Dublins main street, i dont know if im allowed name the store : )

misty76

Just to say i took the above quote from the ' Your consumer rights / Where to find out more / Who to complain to' thread..

maxer68

That's written incorrectly and probably the cause of many retail arguments.

When something goes wrong you are entitled to repair, replacement OR refund. You arr not automatically entitled to a refund, but you can request it but st the same time a store can insist on a repair if the repair would mean the goods were returned to you in 100% perfect condition - eg if a button was missing from a jacket.

the_syco

A) Don't name and shame the company, or your thread gets binned. Slandering companies can get boards.ie into trouble, so don't do anything stupid.

The 3 R's (Repair/Replace/Refund) is at the shops discretion. Weather you accept it or not is your choice.

C) You don't mention what the damage consisted of. Are we talking something small, or something big? Are we talking a tea stain, or a manufacturing fault?

Manufacturing fault, you may get a refund. Tea stain, and getting a replacement is a gesture of good will. Weather you made the tea stain or not doesn't really come into it.

Next time something like this happens, maybe inform them after you have the money in your hand?

As for him yelling at you, I say if it was a quite day, he wouldn't have yelled. The only reason I can think of him yelling is that he doesn't want someone coming back after a few days to exchange a carpet that their kid had spilt beans on.

aidan_walsh

Your rights are a repair OR a replacement OR a refund. The store have the right to offer you any of the three that they wish. You have the right to refuse these options, but in doing so its not a case that if you refuse two the store has to offer you the third.

If these options don't work out, you would be advised to send a registered letter to the store manager outlining your grievance and preferred resolution. You would then need to give them reasonable time to reply, and if at this point you still can't come to a resolution then you have the option of filing a claim to the Small Claims Court.

Guy:Incognito

woops, missed a bit

misty76

maxer68 wrote: »

That's written incorrectly and probably the cause of many retail arguments.

When something goes wrong you are entitled to repair, replacement OR refund. You arr not automatically entitled to a refund, but you can request it but st the same time a store can insist on a repair if the repair would mean the goods were returned to you in 100% perfect condition - eg if a button was missing from a jacket.

Thanks for the reply, im confused now, so the mod that wrote up that thread has it wrong? its confusing.. it looks like he got that info from the national consumer agency of ireland will check again..

misty76

Guy:Incognito wrote: »

woops, missed a bit[/QUOTE

you dont need a reason in this shop..

misty76

the_syco wrote: »

A) Don't name and shame the company, or your thread gets binned. Slandering companies can get boards.ie into trouble, so don't do anything stupid.

The 3 R's (Repair/Replace/Refund) is at the shops discretion. Weather you accept it or not is your choice.

C) You don't mention what the damage consisted of. Are we talking something small, or something big? Are we talking a tea stain, or a manufacturing fault?

Manufacturing fault, you may get a refund. Tea stain, and getting a replacement is a gesture of good will. Weather you made the tea stain or not doesn't really come into it.

Next time something like this happens, maybe inform them after you have the money in your hand?

As for him yelling at you, I say if it was a quite day, he wouldn't have yelled. The only reason I can think of him yelling is that he doesn't want someone coming back after a few days to exchange a carpet that their kid had spilt beans on.

No i wont mention the store by name. Its such a confusing area and would be great if once and for all everyone knew where they stood. I would of thought i was entitled to a refund because of the fault and this paticular shop never asks for a reason so if i had not of informed them of the flaw i wouldnt of had this issue..

The curtains when put up to the light were see through in an area and the second flaw was a blemish or tarnish from the silver rings on the top of the curtain. it was beside the silver ring maybe the glue or manifacture machine made this mark but the Manager made me so mad suggesting i stained it..

I have lengthy letter written and will be in to speak to a senior manager tomorrow and will try find out if what that mod wrote is correct before i quote that. The manager when i turned to leave was blatantly bitching about me too, where is professionalism gone.. I find this attitude everywhere its disgraceful

misty76

maxer68 wrote: »

That's written incorrectly and probably the cause of many retail arguments.

When something goes wrong you are entitled to repair, replacement OR refund. You arr not automatically entitled to a refund, but you can request it but st the same time a store can insist on a repair if the repair would mean the goods were returned to you in 100% perfect condition - eg if a button was missing from a jacket.

Is there anything written to stipulate whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.

P. Breathnach

misty76 wrote: »

Is there anything written to stipulate whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.

I don't know if it is written anywhere authoritative, but it has been understood for yonks (probably since the Sale of Goods Act 1893) that the seller has the choice, and I am pretty sure that the courts would support that view.

maxer68

misty76 wrote: »

Is there anything written to stipulate whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.

P. Breathnach wrote: »

I don't know if it is written anywhere authoritative, but it has been understood for yonks (probably since the Sale of Goods Act 1893) that the seller has the choice, and I am pretty sure that the courts would support that view.

The seller has the choice mainly becasue the seller is seen as an "expert" in the specific area and will know whether something can be repaired.

In this case there's bad stictching and staining - basically poor workmanship and poor dyeing of the material.

What the store should have done is check the replacement pair of curtains to ensure that there's no fault in them and as a goodwill gesture offer you the replacement OR a refund. - As said, legally they don't have to, but good customer service says they should.

I can guess the name of the store, cos I know that these stores get a huge number of returns and company policy is to avoid refunds if at all possible. <SNIP>

dudara

You need to separate two things here - (a) your rights as a Consumer and (b) how you were treated as a customer. Don't get emotional and mix up the two.

In relation to (a) - if goods are defective, you are entitled to a refund, replacement or repair. It is up to the consumer and the retailer to arrive at a mutually reasonable agreement. If a retailer offers an option, and it is reasonable, then the consumer should have a very good reason to reject the offer. In your case, a replacement seemed like a perfectly reasonable option.

In relation to (b) - if you feel you were not treated well as a customer, then you should write a registered letter to the store manager, as well as sending a copy to head office.

misty76

dudara wrote: »

You need to separate two things here - (a) your rights as a Consumer and (b) how you were treated as a customer. Don't get emotional and mix up the two.

In relation to (a) - if goods are defective, you are entitled to a refund, replacement or repair. It is up to the consumer and the retailer to arrive at a mutually reasonable agreement. If a retailer offers an option, and it is reasonable, then the consumer should have a very good reason to reject the offer. In your case, a replacement seemed like a perfectly reasonable option.

In relation to (b) - if you feel you were not treated well as a customer, then you should write a registered letter to the store manager, as well as sending a copy to head office.

Ok so in this case a repair was out of the question so we are left with refund or replace.. I was accused of soiling the goods firstly and secondly told i could only have a replacement full stop i did not get a chance to arrive at a mutually reasonable agreement.

It may seem reasonable to you but when this shop gives refunds to everyone else no questions asked it seems stupid that if i had said nothing of the flaws i could of had my refund and made my own decision to buy another pair of curtains which i had intended on doing but its the principal and to be accused of damaging the item infront of a large amount of customers. I might as well have been hauled off for shop lifting.

Also having bought the product and its not like i knew what i was buying as these flaws were wrapped up inside and had to be opened to be found my faith in that product was lost and today i can return with the curtains i got yesterday and get a full refund, doesnt make sence..

misty76

dudara wrote: »

You need to separate two things here - (a) your rights as a Consumer and (b) how you were treated as a customer. Don't get emotional and mix up the two.

In relation to (a) - if goods are defective, you are entitled to a refund, replacement or repair. It is up to the consumer and the retailer to arrive at a mutually reasonable agreement. If a retailer offers an option, and it is reasonable, then the consumer should have a very good reason to reject the offer. In your case, a replacement seemed like a perfectly reasonable option.

In relation to (b) - if you feel you were not treated well as a customer, then you should write a registered letter to the store manager, as well as sending a copy to head office.

Dudara, if you are the mod for here i wonder could you amend the thread 'Your consumer rights / Where to find out more / Who to complain to' from which i quoted earlier as it is out dated and misleading, i spoke to the previous mod and he said as he is no longer a mod here and it is up to whoever is modding here now to keep stuff current and up to date..

dudara

misty76 wrote: »

Dudara, if you are the mod for here i wonder could you amend the thread 'Your consumer rights / Where to find out more / Who to complain to' from which i quoted earlier as it is out dated and misleading, i spoke to the previous mod and he said as he is no longer a mod here and it is up to whoever is modding here now to keep stuff current and up to date..

Duly noted, I'll look into it when I have an opportunity

dudara

dudara

misty76 wrote: »

It may seem reasonable to you but when this shop gives refunds to everyone else no questions asked it seems stupid that if i had said nothing of the flaws i could of had my refund and made my own decision to buy another pair of curtains which i had intended on doing but its the principal and to be accused of damaging the item infront of a large amount of customers. I might as well have been hauled off for shop lifting.

They offered a replacement, which is a reasonable solution to the issue. Don't try and compare to other situations - it will just do your head in and really achieve nothing.

Also having bought the product and its not like i knew what i was buying as these flaws were wrapped up inside and had to be opened to be found my faith in that product was lost and today i can return with the curtains i got yesterday and get a full refund, doesnt make sence..

If the product is faulty for a second time, then let the shop know that you have lost faith in the product. Then it is fair to refuse further replacements and push for a refund.