Dabs.ie customer service (please help)

spr1nt3r

Purchased computer part from Dabs.ie on 24th Jan, got delivered on Mon 30th, requested RMA on 31st due to item being used (fingerprints and smudges all over; few components and stickers crooked; packaging clearly open). Got reply today that my 7 day period is over, no refund.
What to do? Haven't even opened any packaging etc. Never ever used the item! Money down the drain. PC still offline and am broke

seamus

Distance selling regulations mean that you have 7 working days from the day that you received the item in which you can return them without penalty.

Is the item actually broken or are you just annoyed that it's not new?

spr1nt3r

seamus wrote: »

Distance selling regulations mean that you have 7 working days from the day that you received the item in which you can return them without penalty.

Is the item actually broken or are you just annoyed that it's not new?

Means they are not right. Thanks for your help.

As for the broken I didn't even try it but I can see number of fingerprints on where the item would mount to PC. Just don't want to risk tbh. Plus supporting plate packaging is clearly resealed. After paying nearly €200 I would expect the item to be new as advertised. After all I did pay the full price.

Gadgetman496

seamus is correct.

I think it used to be 14 days before the recent changes were made but now it is 7 days from receipt.

Unless your Gcard (or whatever it was you purchased) was specified as being used? you should be covered.

Cooling off periods: the consumer’s right to cancel the contract

Perhaps the most far-reaching implications for all retailers is the withdrawal right of the consumer.(Regulations 6,7 and 8). With certain exceptions (discussed below), the consumer has a period of 7 working days in which to cancel the distance contract without giving penalty and without any reason. This right exists irrespective of the fact that a legally binding agreement has been validly made in the eyes of the law. This right of withdrawal is described in Regulation 6 as an “implied condition”. From the general rules of contract law, we know that the breach of this “condition” entitles the non-breaching party to repudiate the agreement and treat it as if it was discharged. The rational for this including this right of withdrawal, as is explained in a recital to the directive, is to protect the vulnerability of the consumer caused by the inability “to see the product or ascertain the service”. The only penalty payable by the consumer is the direct cost of returning the goods. All sums paid by the consumer must be returned and any credit arrangements entered into by or on behalf of the consumer to finance the transaction must be cancelled without charge or penalty.

The “cooling off” 7 day period begins as soon as the goods have been received or, for services, from when the distance contract was formed; and in both cases the confirmation requirement must have been complied with before the cooling off period begins to run.

If the confirmation requirements have not been complied with, the cooling period is extended by up to 3 months. For example where the supplier fails to provide the necessary written confirmation the cooling off period will last 7 days plus the additional 3 months.

This cooling off right is not unique in Irish law. A similar right exists under section 50 of the Consumer Credit Act 1995 in respect of Consumer Credit Agreements. The door-step selling directive also allowed for a period of cooling off.

These regulations are quite far-reaching because the right of reimbursement for goods extends beyond circumstances of defective goods or services. The consumer has a right to demand their money back even where the goods are in perfectly good condition.

On-line Businesses should be aware that the Regulations do not specify that the cancellation in distance contracts must be in writing. Nor do they specify that the consumer actually return the goods, so it is very important that these are covered in the supplier’s contractual terms.

Source:

spr1nt3r

gadgetman496 wrote: »

seamus is correct.

I think it used to be 14 days before the recent changes were made but now it is 7 days from receipt.

Unless your Gcard (or whatever it was you purchased) was specified as being used? you should be covered.

The item was purchased as new. There was no mention that it has been used.

I am still to receive an email from them explaining what was the denied RMA about. For the moment am sitting with item on my desk and fuming that I didn't go somewhere I knew for few euro more.

deconduo

spr1nt3r wrote: »

The item was purchased as new. There was no mention that it has been used.

I am still to receive an email from them explaining what was the denied RMA about. For the moment am sitting with item on my desk and fuming that I didn't go somewhere I knew for few euro more.

If you paid by credit card, call up your bank and explain the situation. Tell them that you were in contact with Dabs and they refused to do anything. In most cases the bank will do a chargeback and you'll get your money back.

Another alternative is to take them to the small claims court. Also make sure to take lots of pictures of the parts, showing where they were clearly opened before and the fingerprints. Document dates, times, emails, phonecalls etc.

spr1nt3r

Got the issue sorted. Refund received. Was a bit delayed but swift once they started the process. Would probably deal with them again. Thanks for answers anyone.