Advice needed!

joker87

Hi all, hopefully someone here can help me out because im clueless with this stuff. My girlfriend recently went into a shop looking for a camera i was going to buy her for her birthday, they were out of stock but they said if she wanted they could hold one for her when they came in, she said grand and also put a 50 eur deposit down. now that was about a month ago , the camera still has not come in, her birthday is nearly here so she went t try get the deposit back so we culd buy the camera elsewhere and they refused to give it back to her.

Where do we stand on this does anyone knw?

Celly Smunt

did they give you a date of when it would be in by?

Saila

you just gave away 50 quid

joker87

not an exact one they were vague they told her basically "it could be tomorrw, could be next month, we dont know"

they then tld her hopefully the first week in october, i know that week is not over yet but im gathering all the advice i can before hand because to be honest i cant see this appearing this week especially after how dismissive they were to her today.

joker87

Saila wrote: »

you just gave away 50 quid

yea, thats a productive and helpful comment.

Celly Smunt

joker87 wrote: »

not an exact one they were vague they told her basically "it could be tomorrw, could be next month, we dont know"

they haven't breached any condition so your deposit still stands,they don't have to give you jack.

hondasam

Did the say the deposit was non refundable?

joker87

pmcmahon wrote: »

they haven't breached any condition so your deposit still stands,they don't have to give you jack.

cool man, cheers for the help

joker87

hondasam wrote: »

Did the say the deposit was non refundable?

not when she placed it no

Cill Dara Abu

Consumer issues

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Saila

joker87 wrote: »

yea, thats a productive and helpful comment.

no its fact, you havent a leg to stand on

hondasam

joker87 wrote: »

not when she placed it no

Go back and ask to speak to the manager. They are been unreasonable,it's to long to wait. what excuse are they giving?

http://www.google.ie/aclk?sa=L&ai=CRKUfupOLToihHK7P0AX9kM38BfmO8ecCybfesCv9oNshCAAQAVCfx7SO-_____8BYPXK64OED8gBAakCG56KzkxNtj6qBCFP0HyWGOBJ51o9k63fVF8jbcBTiPRIvMdAD8FhnQOmVOQ&sig=AOD64_35Ljj2ltHiQWZLBR70R56hnaXYBg&ved=0CAgQ0Qw&adurl=http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping/intro.html

have a read here.

Plazaman

Did she get a receipt for the deposit? Receipt would be key to a refund.

blueythebear

joker87 wrote: »

not an exact one they were vague they told her basically "it could be tomorrw, could be next month, we dont know"

they then tld her hopefully the first week in october, i know that week is not over yet but im gathering all the advice i can before hand because to be honest i cant see this appearing this week especially after how dismissive they were to her today.

If she made it clear that the deposit was for a present for her birthday (and the date was also indicated) or an indicative date was agreed on that has not been met, then she has the right to get the deposit back. If no date agreed, then how long they can hold on to the deposit is less certain. I'd go in and ask to speak to the manager. If that fails, put the complaint in writing and threaten talking tothe national consumer agency.

strobe

hondasam wrote: »

Go back and ask to speak to the manager. They are been unreasonable,it's to long to wait. what excuse are they giving?

+1 Any manager worth a fuck isn't going to turn away potential life time custom from two people over 50 poxy quid. Speak to the manager, he will more than likely refund you if that's what you request of him. People fold over far too easy on things like this because they are happy dealing with retail minions who usually are required to stick religiously to shop policy.

Old Perry

If they clearly dont state anywhere that deposits are non-refundable and didnt mention it when you put down the deposit id have it out with them .... if that dont work throw a beehive through the door and see what happens.

Yakult

I've often put a deposit on something and have been refunded without problems due to change of mind. They sound like right spa's and I would be in contact with the National consumer agency right away.

tenchi-fan

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/deposits.html

If the supplier does not adhere to the terms of the contract (for example, delivery of a product takes significantly longer than stated) you may have a right to ask for your deposit to be returned. If you pay a deposit to a supplier who, in return, holds an article for you and you change your mind about paying the balance the supplier may not in all these circumstances be obliged to return your deposit.

What did you agree with the supplier in terms of product delivery and selling price?

ResearchWill

I think you may have a right to the money back. Did you or your GF say the camera was a present and the date it was required. If you did then that was a term of the contract that the camera was to be available by that date.

If not it is never the less always a term in a contract that goods will be supplied and while you may not have made it clear that time is of the essence it very clearly is. So then we get to the question was there ever a meeting of minds, did the seller understand your requirement to have the camera delierved before a certain date. If there was no meeting of minds then contract void, so you must be given back your money.

So in simple terms they have agreed to supply a product, while there may not have been agreement on delivery date, it is implied that it would be delivered in a reasonable time, in my opinion is such a product prob 4 to 8 weeks.

The reason for the deposit is to make sure you will buy after they order the product for you, you are willing and able to fulfill the contract they are not so I can not see how you can forfit the deposit for them breaking the contract.

Only other point don't buy from them again.

joker87

thanks for all the replies. yep we do have a receipt, and hopefully the management will see sense , if not, beehive is on standby. she did indicate to them that her birthday is the second week in october, so a date was mentined, even if it wasnt precise. and nowhere on the receipt does it say non refundable

Oranage2

Just kick up a fuzz and start shouting and roaring and you'll get your money back

Shane-KornSpace

pretty much unless they gave you a delivery date in writing, you have no come back. They can simply deny that you have been waiting that long because let's face it. If you took them to the small claims court, you have no evidence to back up your claim. So as far as the court would be concerned, they have yet to breach a legal contract.
unfortunate, but true.

My advice is next time ask for a time frame to be written and signed so you can retain it as proof.

ResearchWill

Shane-KornSpace wrote: »

pretty much unless they gave you a delivery date in writing, you have no come back. They can simply deny that you have been waiting that long because let's face it. If you took them to the small claims court, you have no evidence to back up your claim. So as far as the court would be concerned, they have yet to breach a legal contract.
unfortunate, but true.

My advice is next time ask for a time frame to be written and signed so you can retain it as proof.

How can the shop deny the time they are waiting, they have a receipt, which are usually dated. Delivery in a reasonable time would always be an implied condition of the contract. I would say that any court would say in relation to small electrical goods 8 weeks delivery would be reasonable maybe 12 weeks but any more I would personally find unreasonable.

Captain Darling

What are you doing wasting your time here? Get on the blower to Joe immediately! This is an outrage!

Shane-KornSpace

ResearchWill wrote: »

How can the shop deny the time they are waiting, they have a receipt, which are usually dated. Delivery in a reasonable time would always be an implied condition of the contract. I would say that any court would say in relation to small electrical goods 8 weeks delivery would be reasonable maybe 12 weeks but any more I would personally find unreasonable.

Well generally when you order something, the reciept must state the time quoted by the sales person. If it doesnt? Then sure make you dont leave the shop without it.
If you're looking for an estimated delivery time, always ask for it in writing. The reciept he has may say the day the deposit was put down but states no where on the reciept when the product could be in. this is a mistake alot of people make from my experiences in sales.
When I would quote a date to the customer, I would always give the general timeframe on their reciept. And if the item is not in stock within 4 weeks from the date given, THEN they are entitled to their money back.

My point is, if the sales guy said it's not due in for 3 weeks, the unreasonable delay only starts after that 3 week quota and can go as far as 4 weeks before such a case would be taken seriously in the small claims court.

Dealth with this situation many a time due to deliveries being delayed.

biko

Consumer Issues