Accepted credit, can I still look for a refund?

Stabshauptmann

Basically,
My friend had a complaint, was offered credit and took it.
I had the same complaint, knew my rights, and got full refund.

Can my friend go in and look for a refund too, or is it too late as they accepted credit?

ABajaninCork

Is this a serious Q?

No, of course not!!! You can't be compensated twice for the same complaint...

Next time, your friend will know their rights a little better and ask for a refund at the time if they are entitled to one.

Esoteric_

An offer was made, your friend accepted, goods were exchanged for store credit. It's a verbal contract AFAIK and there's nothing else your friend can do as they accepted this method of resolution.

Stabshauptmann

ABajaninCork wrote: »

Is this a serious Q?

No, of course not!!! You can't be compensated twice for the same complaint...

Next time, your friend will know their rights a little better and ask for a refund at the time if they are entitled to one.

It wouldnt be double compensation, he would be looking for a refund instead of credit.

Procrastastudy

Have you asked?

Everything can be negotiated. Some businesses will do it as a matter of good customer service.

Esoteric_

Procrastastudy wrote: »

Have you asked?

Everything can be negotiated. Some businesses will do it as a matter of good customer service.

Agreed with this, but tell your friend not to go in spouting their 'rights,' because they already agreed to a resolution so anything else now is a goodwill gesture.

Stabshauptmann

They are the ant-confrontation type, alas. I know from my experience getting my refund that these are not agreeable, customer friendly folk. Unless my friend has any rights, I dont think this will get very far.

The goods were not faulty, but they didnt match the description.
He was told that he "under the law you can only have a refund if the the goods are faulty" and was told his options were store credit "take it or leave it".

I'm annoyed, because thats not the law. I'm annoyed because these people are bullies.
My friend was emails where he twice sought a full refund, and was twice given the line, the goods arent faulty, so no.

I'm going to try take it further, if anyone has suggestions, I'm all ears.

Esoteric_

Stabshauptmann wrote: »

They are the ant-confrontation type, alas. I know from my experience getting my refund that these are not agreeable, customer friendly folk. Unless my friend has any rights, I dont think this will get very far.

The goods were not faulty, but they didnt match the description.
He was told that he "under the law you can only have a refund if the the goods are faulty" and was told his options were store credit "take it or leave it".

I'm annoyed, because thats not the law. I'm annoyed because these people are bullies.
My friend was emails where he twice sought a full refund, and was twice given the line, the goods arent faulty, so no.

I'm going to try take it further, if anyone has suggestions, I'm all ears.

They were wrong. If the item isn't as described, they were entitled to a refund, not store credit.Honestly, I don't think your mate has many rights now that they've accepted store credit, but you could always go in with them and ask why they refunded you, which is your legal right, and yet only gave your friend store credit for the same problem. Only thing you can do is make them sweat and hope that works.

Procrastastudy

LyndaMcL wrote: »

They were wrong. If the item isn't as described, they were entitled to a refund, not store credit.Honestly, I don't think your mate has many rights now that they've accepted store credit, but you could always go in with them and ask why they refunded you, which is your legal right, and yet only gave your friend store credit for the same problem. Only thing you can do is make them sweat and hope that works.

It's very unlikely to. Also don't become a bully - its a very fine line between being assertive and being an a-hole. A line I have seen that the vast majority of consumers seem to cross.

The issue with not as described is a subjective one. Many people make assumptions as to something working and then it doesn't - they then blame the retailer. PC-computer games are a great example. I'm not saying you are in the wrong but be aware it's not as cut an dried as faulty goods usually are.

What he should have done is left it - got himself informed and then tried again. Hindsight is 20/20 of course. Without descending into a conversation involving much legalese he may have recourse in this situation. I would suggest he goes back to the store and asks to speak to the manager and explains that he's been misinformed and would like a refund. That's assuming it's worth doing - if you or he are going to shop there again in the future sometimes it's better to just go with it.

Stabshauptmann

Procrastastudy wrote: »

The issue with not as described is a subjective one. Many people make assumptions...[become a bully... and being an a-hole]

I didnt want to get into the retailer / product specifics; but it was furniture, advertised with the wrong dimensions.

Without descending into a conversation involving much legalese he may have recourse in this situation.

Please, do expand. Do not worry about legalese

On what grounds? etc. All info appreciated.

Procrastastudy

As you've asked

Bear in mind a couple of things - I'm a first year law student so I'm only pointing you in the direction of some reading. If you're in Dublin sneak into GCD's library and pick up a copy of Enright - Irish Contract Law (I forget the exact title).

Secondly this isn't really the forum for detailed legal discussion especially when its from me as I usually get it wrong.

Now I've that disclaimer in place - you would need to look at the doctrine of mistake. In this scenario I think its mutual mistake. That may not be the correct term but I don't have notes to hand or space in my brain to accommodate stuff I didn't revise for the exam :P.

Essentially your friend and the person issuing the refund were both mistaken as to the issues. Therefore you may have a right to 'start over' e.g go back to where you were and have another go.

That might be complete rubbish and may not apply to were a remedy is being issued, such as a refund. Just something to have a look at. Maybe a bit of Wikipedia reading might just bore them to death and get them to give you your money back.

Also to be fair furniture not the described specs is pretty cut and dry.

EDIT I take it this wasn't a certain very large store with a distinctive colour scheme - they are normally known for their customer service.

Stabshauptmann

No, wasnt the large store with distinctive colours.

I will bear doctrine of mistakes in mind, but I dont know if it will work. A mistake is a mistaken belief at contracting, and I did not think a remedy for a contract is a separate contract (and on that basis I disregarded post #3 above).

Procrastastudy

Stabshauptmann wrote: »

No, wasnt the large store with distinctive colours.

I will bear doctrine of mistakes in mind, but I dont know if it will work. A mistake is a mistaken belief at contracting, and I did not think a remedy for a contract is a separate contract (and on that basis I disregarded post #3 above).

I'd argue that the provision of store credit was a new contract - a repair, replacement or refund would not have been.