How do I proceed.....

RVN10

I ordered a phone from Eir on the 16th of Sept and paid 399 for it iPhone 7 plus. It was due to be delivered on the 19th and never came, on several occassions i queried this and was assured the phone was on the way... Phone never turned up despite their online chat constantly telling me otherwise.

It has now been discovered they never had the phone to begin with, basically they have sold me a phone they never had or even know when they are getting it. Seemingly I was not the only one this happened to. They have basically sold me a product that does not exist , I cancelled the order with them and today they are telling me they cant find the payment but know I made it(most bizarre thing i ever heard) so as a result I now must wait 30 days to get my 399 back how is this legal. They misadvertised , mis sold and took my money.

I contacted comreg and they cant get involved for 10 days , my bank said I possibly could open a dispute but that could take weeks. I just want my money any advice here would be appreciated..

Del2005

Pay by credit card in future, much more protection if anything goes wrong.

RVN10

What about a visa debit does that do anything ?

Walter2016

There's a worldwide shortage of iPhone 7.

People who pre-ordered get priority.

All companies say "up to 30 days" for refunds. In reality it takes just a few days.

Your issue is nothing to do with comreg, stop wasting their time.

beechwood55

I think the fact that Eir have told you that you will be refunded means that your bank may not agree to start the chargeback process. The chargeback process in itself can take up to 21 days..

RVN10

Walter2016 wrote: »

There's a worldwide shortage of iPhone 7.

People who pre-ordered get priority.

All companies say "up to 30 days" for refunds. In reality it takes just a few days.

Your issue is nothing to do with comreg, stop wasting their time.

The thing is i know their is a shortage but this was not known before they took the sale , I am well aware its quite difficult to get this and Comreg were actually very interested in the fact that they are mis selling products to people..

Also they havent agreed to a refund just yet they have to find the payment which may take 30 days.

runawaybishop

They didn't missell anything, they sold a phone whose order didn't come through. Neither your bank nor comreg will do anything as they will refund you for the error. What outcome did you hope for?

RVN10

runawaybishop wrote: »

They didn't missell anything, they sold a phone whose order didn't come through. Neither your bank nor comreg will do anything as they will refund you for the error. What outcome did you hope for?

They did because they never had the phone from the offset so in my eyes thats mis-selling and mis-leading.. They took my money and never had the product to sell..

The outcome i want is how do i get my money back before 30 days

ytpe2r5bxkn0c1

RVN10 wrote: »

The thing is i know their is a shortage but this was not known before they took the sale , I am well aware its quite difficult to get this and Comreg were actually very interested in the fact that they are mis selling products to people..

Also they havent agreed to a refund just yet they have to find the payment which may take 30 days.

If you reported "mis-selling" to comreg you misled them. This is not mis-selling but a supplier issue.

runawaybishop

RVN10 wrote: »

They did because they never had the phone from the offset so in my eyes thats mis-selling and mis-leading.. They took my money and never had the product to sell..

The outcome i want is how do i get my money back before 30 days

Loads of sellers do not hold stock. That is not misselling.

You'll get your money within 30 days it's usually a lot less, like 3.

RVN10

To clarify Comreg told me I was mis-sold

runawaybishop

RVN10 wrote: »

To clarify Comreg told me I was mis-sold

Comreg are wrong.

dudara

I don't think Comreg are the appropriate body for this complaint. This appears to more a failure to deliver.

Del2005

RVN10 wrote: »

What about a visa debit does that do anything ?

Usually no. A bank will chase up its own money it doesn't care what happens to yours.

SteM

Surely the Consumers Association of Ireland would be the people to complain to, not coming?

runawaybishop

SteM wrote: »

Surely the Consumers Association of Ireland would be the people to complain to, not coming?

Complain about what, exactly?

ytpe2r5bxkn0c1

Del2005 wrote: »

Usually no. A bank will chase up its own money it doesn't care what happens to yours.

Chargeback and other protections apply equally to Visa Debit.

RVN10

Comreg felt they should be involved because if Eir never had a product and knowingly sold a phone they didnt have then they are mis-selling a telephone contract. As I was moving from a different provider , had I already been a customer getting an upgrade this may be a different situation

Del2005

RVN10 wrote: »

To clarify Comreg told me I was mis-sold

It's a consumer issue nothing to do with ComReg. The Small Claims Court would be the appropriate department but will most likely say that there is nothing they can do, you are getting a refund. Potentially you could get them for advertising standards but that's a slap on the wrist.

RVN10

I think the fact that as a new customer joining their network thats where they feel i have been mis-sold

L1011

SteM wrote: »

Surely the Consumers Association of Ireland would be the people to complain to, not coming?

Complaining to a voluntary association with no powers isn't very useful

runawaybishop

RVN10 wrote: »

Comreg felt they should be involved because if Eir never had a product and knowingly sold a phone they didnt have then they are mis-selling a telephone contract. As I was moving from a different provider , had I already been a customer getting an upgrade this may be a different situation

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

RVN10

runawaybishop wrote: »

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

Their sales team told me last night they never had this phone and dont know how i was sold it ... So the supplier didnt let them down

SteM

L1011 wrote: »

Complaining to a voluntary association with no powers isn't very useful

About as useful as complaining to comreg imo!

SteM

runawaybishop wrote: »

Complain about what, exactly?

Nothing, there is nothing to complain about in this instance imo. Still a better port of call then comreg though.

runawaybishop

RVN10 wrote: »

Their sales team told me last night they never had this phone and dont know how i was sold it ... So the supplier didnt let them down

Any more info you are hiding? Still a supplier issue, they don't have one. I doubt the sales team has the slightest clue on corporate supply chain policy.

Lux23

runawaybishop wrote: »

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

But that isn't the consumer's problem? When a trader sells to a consumer they have to make the consumer aware of all the material information that may influence their decision to buy. When you are due to receive a product is most definitely material information so this could be an unfair commercial practice. Contact ComReg and the CCPC to see what your rights are OP because the advice above isn't right.

runawaybishop

Lux23 wrote: »

But that isn't the consumer's problem? When a trader sells to a consumer they have to make the consumer aware of all the material information that may influence their decision to buy. When you are due to receive a product is most definitely material information so this could be an unfair commercial practice. Contact ComReg and the CCPC to see what your rights are OP because the advice above isn't right.

Rights? He is entitled to his money back, which they will do. What else do you think he should get?

Lux23

runawaybishop wrote: »

Rights? He is entitled to his money back, which they will do. What else do you think he should get?

He should make the authorities aware because if this is a widespread practice and it is breaching consumer protection legislation then they may be able to put a stop to it. These places act based on market intelligence, much of which is gathered through contacts with consumers.

runawaybishop

Lux23 wrote: »

He should make the authorities aware because if this is a widespread practice and it is breaching consumer protection legislation then they may be able to put a stop to it. These places act based on market intelligence, much of which is gathered through contacts with consumers.

How is a supplier falling through breaching consumer protection legislation?

weisses

runawaybishop wrote: »

They didn't knowingly sell a phone they didn't have. They sold a phone and a supplier let them down.

From OP

I ordered a phone from Eir on the 16th of Sept and paid 399 for it iPhone 7 plus. It was due to be delivered on the 19th and never came, on several occassions i queried this and was assured the phone was on the way

How can Eir confirm a delivery date without the actual phone in stock ?

How can Eir after agreed delivery date has passed confirm the phone is on the way if they actually don't have the handset in stock?

GBX

They expected it in which seemed to be fine with the OP, but they got let down on delivery.
Its "on the way" in that the supplier with still fulfil the order and the OP and others will get their phones.

nkav86

From experience, the person selling the phone would have had a list of available phones, they sold based on this in good faith. Other operators would have done this too, as its a popular phone they go fast, by the time the orders were due to be filled the stock levels had dropped to nil. It happens, they don't have a back room of phones to physically check the stock they have to go by the stock list that isn't updated in real time. OP I would just chalk it up to hard luck and accept your refund, nothing lost.

runawaybishop

weisses wrote: »

From OP



How can Eir confirm a delivery date without the actual phone in stock ?

How can Eir after agreed delivery date has passed confirm the phone is on the way if they actually don't have the handset in stock?

Pretty much every tech reseller does this. They don't sit on stock. Do you think eir have a warehouse with piles of phones lying around getting old and depreciating? They resell.

weisses

runawaybishop wrote: »

Pretty much every tech reseller does this. They don't sit on stock. Do you think eir have a warehouse with piles of phones lying around getting old and depreciating? They resell.

Doesn't it say "temporary out of stock" ? then when you try to order ?

How can a re seller tell you something is on the way when in fact they don't even have said item ?

runawaybishop

weisses wrote: »

Doesn't it say "temporary out of stock" ? then when you try to order ?

How can a re seller tell you something is on the way when in fact they don't even have said item ?

They place an order with the supplier.

Right2Write

Bit of fault both ways in this. But you'd think these situations should be predictable in the case of goods like iPhones - why can't businesses like Eir take in orders and payment on a provisional basis but on clear understanding that they will refund within a specified short amount of time, if they can't deliver on the sale??

weisses

runawaybishop wrote: »

They place an order with the supplier.

That is not an answer to the question

Right2Write

Any manufacturer would prefer if companies buy in stock in bulk and then sell from stock to retail customers. Problem is that many modern businesses, to reduce costs - money tied up in stock and to reduce exposure of unsold stock, do this sort of 'just in time' selling.

Generates a lot of small order sales and paper work for manufacturers & distributors who are prepared to put up with it, but what choice is there now? Sales are sales. I'd suspect it drives up costs all round and which increases are passed onto the consumer.

runawaybishop

weisses wrote: »

That is not an answer to the question

Yes it is. They place an order with the supplier who tells them the eta and they pass that info on to the buyer based on the supplier schedule. This is not particular to Eir, nearly every single tech re-seller does this.

Lux23

runawaybishop wrote: »

How is a supplier falling through breaching consumer protection legislation?

If they failed to provide the consumer with the information that the delivery date may change then they could have breached the CPA. But if they said to the consumer "OK, the delivery date is pencilled in as 17 September, but we may have supply issues so this might change" that would probably cover them. You might not think that is a big deal, but it could well be a criminal breach of the legislation.

weisses

runawaybishop wrote: »

Yes it is. They place an order with the supplier who tells them the eta and they pass that info on to the buyer based on the supplier schedule. This is not particular to Eir, nearly every single tech re-seller does this.

No they are not

From Vodafone

Sudden Unavailability: If we are unable to supply you with a Good, for example because that Good is not in stock or no longer available we will inform you of this and will not process your order, and refund you the full amount as soon as possible.

Above is the correct way OP's issue should be dealt with

It is not normal for a re seller to accept payment,.. agree on a delivery date ... and when that date passes still informing the customer the product is on the way even when they know the product is not even with the supplier

runawaybishop

Its totally normal. Not going to keep arguing, go do some research yourself.

Lux23

runawaybishop wrote: »

Its totally normal. Not going to keep arguing, go do some research yourself.

Just because a practice is widespread doesn't mean that it isn't a breach of legislation.

GBX

weisses wrote: »

No they are not

From Vodafone



Above is the correct way OP's issue should be dealt with

It is not normal for a re seller to accept payment,.. agree on a delivery date ... and when that date passes still informing the customer the product is on the way even when they know the product is not even with the supplier

No its not unless the same applies to Eir' terms.

Sleeper12

runawaybishop wrote:

They didn't missell anything, they sold a phone whose order didn't come through. Neither your bank nor comreg will do anything as they will refund you for the error. What outcome did you hope for?

Totally agree. Op you need to read the T&Cs. I can guarantee it's all covered there.
I have an online store myself & everything you describe is covered in my T&Cs. The part that I would be annoyed about myself is the 30 day refund. If you give me an order number for my site and I can process refund instantly. Pay by PayPal & it's credited instantly. Pay by credit card & it takes a day or so.

runawaybishop

Lux23 wrote: »

Just because a practice is widespread doesn't mean that it isn't a breach of legislation.

Point out to the specific piece of legislation that states you cannot resell. What you are suggesting is ludicrous.

weisses

GBX wrote: »

No its not unless the same applies to Eir' terms.

I was referring to the poster stating this practice was widespread among operators .. I only showed that assumption is wrong

runawaybishop

weisses wrote: »

I was referring to the poster stating this practice was widespread among operators .. I only showed that assumption is wrong

A single example doesn't show anything. This is basic supply chain management. Sellers do not hold piles of stock especially tech, they just order in from suppliers as buyer orders come in. This is an industry standard method of keeping stock depreciation at a minimum. I don't know how you can think otherwise.

Lux23

runawaybishop wrote: »

Point out to the specific piece of legislation that states you cannot resell. What you are suggesting is ludicrous.

That isn't what I said at all and you know it.

weisses

runawaybishop wrote: »

A single example doesn't show anything. This is basic supply chain management. Sellers do not hold piles of stock especially tech, they just order in from suppliers as buyer orders come in. This is an industry standard method of keeping stock depreciation at a minimum. I don't know how you can think otherwise.

Yeah I forgot ... Vodafone is a small player

I am not arguing who has stock where ..

OP was told phone is shipped arriving the 19th ... Phone didn't arrive ... OP called eir, was told that the phone was definatly on its way ... Then all of a sudden there was no phone at all

But hey it's just basic supply chain management ... Sure