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Issue with Online Order => Wrong part advised

  • 21-11-2014 12:53pm
    #1
    truedoom
    Registered Users, Registered Users 2 Posts: 400 ✭✭


    Hi guys,

    just a quick question on where i stand on this. I'm under the opinion that I'm fully covered by the Sale of Goods Act, but never hurts to have a second opinion.

    So I bought a part for my car last week, from an online parts store.

    Let's call them "x.ie" (cough) => it's a fairly popular website for car parts.

    I put in my car reg, found the list of parts for my car (an Air Flow Meter).
    Found a reasonably priced part (€70ish) and bought it.

    It was delivered to me. Took it out of the box, hooked it up, and checked the car.

    Check engine light is on. Ran a diagnostics tool, and found the code. Suffice to say, this MAF sensor isn't compatible with my car (as advertised) as it doesn't have a Air Temp sensor built in (which my car needs). This in turn caused the error code.

    No harm done, websites make mistakes. I contacted them and advised on it, and was told "because i had opened the box, it was non-refundable"

    At this point i played my "under Consumer Law in Ireland, and Sale of goods act....yadda yadda" that a product was sold, misadvertised as for my car, and therefore i was entitled to a refund.
    Advised the agent to check with their manager if they didn't believe me.

    Waiting on them to reply to that now.


    Anyway my question:

    If an item is listed and claimed to perform it's function, and it does not perform that function, am i as a consumer allowed to claim refund?


    TL;DR: Bought car part online, claimed to work with my car. Doesn't. Asked for refund. They said no, as box was opened/item used. Advised on consumer law (item does not perform as advertised). Awaiting reply.

    Thoughts?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Sounds like you should be good. Goods explicitly described as suitable for for your make and model of car; goods not in fact suitable for your make and model of car; breach of statutorily-implied warranty that goods will correspond to description; you are dealing as consumer; you are entitled to reject the goods and repudiate the contract for breach of warranty. The box being opened or closed doesn't enter into it.


  • #3
    Cryos
    Registered Users, Registered Users 2 Posts: 816 ✭✭✭Cryos


    Be cautious.

    The terms and conditions of these websites often contain clauses that you are responsible to ensure that the part matches your vehicle, when your ordering you specifically agree to these.

    The facilities for search for a registration may give a generalized answer, this is based on data provided by the Motor Tax System; From experience these websites are often wrong when it comes to certain components, I can for example order several different types of alternator for a 2004 Renault Megan 1.9 DCI Dynamique 120 and this leaves the decision down to me to know what the part is, is it a 90,110,130,140 or a 150 amp alternator?

    Most walk in motor factors btw will exchange a wrong part if the box is open, the online ones generally wont for fraud reasons.


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