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mis-sold or not?

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  • 02-01-2015 9:41pm
    #1
    Hosted Moderators Posts: 10,661 ✭✭✭✭


    I purchased a toy box online, for 185e. It was described as hand crafted and hand painted.

    It came flat packed. It never said anything about being flat packed on the site. There is no way in hell, i would have bought it had i known it was flat packed, for that price. I could have driven the 5 minutes to Ikea and bought one for a fraction of the cost.

    I was looking for a quality piece of furniture.

    Anyway, i decided to suck it up, went to put it together, only it wouldnt actually fit together. the base (which had a made in China sticker on it) was longer by about half an inch on one side.:mad:

    the shop in Galway were not answering their phone and then they shut on 23rd December until the 5th January.

    this is obviously a mass produced item from China, not hand crafted or hand painted.

    I do not want this piece of crap, and since found a carpenter to hand make a toy box for us.

    Can i demand a refund or do i need to allow the company a chance to rectify the situation?


Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    If they are as dishonest as you say I'd be downloading and filling out the small claims court forms now. Screen shot the website description you mentioned


  • Registered Users Posts: 344 ✭✭spygirl


    you purchased online so assume you used a credit card? Certain amount of insurance and peace of mind comes with that......


  • Registered Users Posts: 262 ✭✭qt3.14


    Need to give them a chance to rectify really. They may have sent you the wrong product after all. Plus it's on online sale so there's extra protection there.

    First things first, screenshot the page describing the product you thought you were paying for and email them about your issue, so at least you have a record that you were trying to contact them while they were closed.


  • Hosted Moderators Posts: 10,661 ✭✭✭✭John Mason


    have screen shot and emails. Definately, didnt send the wrong item, it has a jungle scene on it.

    I think the cost is too low for the Small Claims court but I could be wrong on that.

    Paid for by CC, never thought of that. Will speak to the Company first on MOnday and then contact the CC company


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    The only limit on the SCC is upper limit of €2500. You can claim for €1 as long as your willing to pay the €25 fee.


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  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    If you ordered online from an EU supplier the distance selling regulations should apply:

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

    14 day cooling off period should apply to you.


  • Hosted Moderators Posts: 10,661 ✭✭✭✭John Mason


    Graham wrote: »
    If you ordered online from an EU supplier the distance selling regulations should apply:

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

    14 day cooling off period should apply to you.

    its an irish company but the 14days are up


  • Registered Users Posts: 794 ✭✭✭FobleAsNuck


    John Mason wrote: »
    its an irish company but the 14days are up

    if they didnt inform you about 14 day period you have 6 12 months to return it


  • Moderators, Computer Games Moderators Posts: 10,284 Mod ✭✭✭✭F1ngers


    Just to play devils advocate, does the fact that the OP opened it negate any comeback.


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    F1ngers wrote: »
    Just to play devils advocate, does the fact that the OP opened it negate any comeback.

    Absolutely not. How else was s/he to know what was inside. Imagine in a court the companies defense being "They opened it". Judge would have a hernia from laughing.


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  • Moderators, Computer Games Moderators Posts: 10,284 Mod ✭✭✭✭F1ngers


    ken wrote: »
    Absolutely not. How else was s/he to know what was inside. Imagine in a court the companies defense being "They opened it". Judge would have a hernia from laughing.

    Fair enough, but he was expecting a quality item, not something "flat-packed".

    I probably phrased it wrong/badly, but OP "sucked it up" despite it being a flat-pack.


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    John Mason wrote: »
    its an irish company but the 14days are up
    Might not make a difference but it's 14 days from receipt of goods.

    As FobleAsNuck mentioned:

    If a trader fails to provide you with information on the right to cancel, the cooling-off period is extended to 12 months from the date it would have expired if the information had been provided. If the trader provides the information within this 12-month period, the cooling-off period expires within 14 days of the consumer receiving it.


  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    if they didnt inform you about 14 day period you have 6 months to return it
    Actually that has been increased to 12 months but if the retailer informs you at any date during that 12mths then the 14 day return period starts from that date.
    http://www.irishstatutebook.ie/2013/en/si/0484.html

    [edit] Quickdraw Graham got there first ;) [/edit]


  • Registered Users Posts: 794 ✭✭✭FobleAsNuck


    slimjimmc wrote: »
    Actually that has been increased to 12 months but if the retailer informs you at any date during that 12mths then the 14 day return period starts from that date.
    http://www.irishstatutebook.ie/2013/en/si/0484.html

    I stand corrected :)


  • Registered Users Posts: 8,431 ✭✭✭Markcheese


    Yes they were expecting a quality item- but just because it comes in from china doesn't mean it's not hand crafted(whatever that means ) . Now if it doesn't fit together that's different !! ,and the OP is entitled to either a repair,replacement or refund (at vendors discretion,I think )
    What's the story with cooling off period- 14 days from sale? - 14 days from dispatch? - or 14 days from arrival ?
    And if for eg you contact the shop/vendor on day 14 at say 10pm the evening before a holiday period - does the "cooling off period clock" stop when the e-mail arrived or when store reopened 5or 6 days later -

    Slava ukraini 🇺🇦



  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Markcheese wrote: »
    Yes they were expecting a quality item- but just because it comes in from china doesn't mean it's not hand crafted(whatever that means ) . Now if it doesn't fit together that's different !! ,and the OP is entitled to either a repair,replacement or refund (at vendors discretion,I think )
    What's the story with cooling off period- 14 days from sale? - 14 days from dispatch? - or 14 days from arrival ?
    And if for eg you contact the shop/vendor on day 14 at say 10pm the evening before a holiday period - does the "cooling off period clock" stop when the e-mail arrived or when store reopened 5or 6 days later -

    Cooling off period starts 14 days from arrival. If the cooling off period wasn't mentioned, it extends to 12 months.


  • Registered Users Posts: 17,015 ✭✭✭✭A Dub in Glasgo


    How does the OP know it was not handcrafted in China? I would have returned the goods a lot earlier as faulty if it was that crap


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


  • Hosted Moderators Posts: 10,661 ✭✭✭✭John Mason


    Quick update.

    Spoke to the manager today, first thing he aid "did some of the pieces not fit together?"

    so it is clearly a manufacturing problem.

    They are giving me a full refund and arranging their own courier to pick it up.

    was all set for a big fight - am delighted.

    lessons learnt - handcrafted does not mean handmade and dont wait until 2 days before christmas to put together santa presents :pac:


  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    You should do them a favour now and name them in the best and worst thread for the good customer service.


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