PC World Issue

Sleeper12

BelovedAunt wrote:

I never mentioned consumer rights to the manager. When I told a friend about it afterwards, they said that he had broken consumer rights.

But he wasn't breaking the act. You didn't buy the t.v. in that store. Many this is why he got annoyed. He was in the right.

BelovedAunt

Sleeper12 wrote: »

But he wasn't breaking the act. You didn't buy the t.v. in that store. Many this is why he got annoyed. He was in the right.

I said it as I was leaving the shop. He was acting the dick long before that.

dudara

Hmmm, it would be interesting to fire a question on this to the CCPC. I would tend to be of the opinion (when I think about it, but could be completely wrong) that the contact is formed between the consumer and the company of the retailer. So as long as PC World Waterford belongs to the same company as PC World Swords, then the contract should be honoured also by PC World Swords.

Would be extremely interested to hear if someone can supply a legal definition of "seller" or "retailer" as meant in the context of the SoG&SoS Act.

BelovedAunt

dudara wrote: »

Hmmm, it would be interesting to fire a question on this to the CCPC. I would tend to be of the opinion (when I think about it, but could be completely wrong) that the contact is formed between the consumer and the company of the retailer. So as long as PC World Waterford belongs to the same company as PC World Swords, then the contract should be honoured also by PC World Swords.

Would be extremely interested to hear if someone can supply a legal definition of "seller" or "retailer" as meant in the context of the SoG&SoS Act.

The manager in PC World Waterford told me that the Swords manager broke my consumer rights and pc world protocol. Whether he's correct about consumer rights or not I don't know, as it's a confusing issue.

dudara

Either way, it was sh*tty service. The large chains often use the fact that you can engage at different stores as a key selling point. I'd definitely be writing a letter of complaint to Head Office here and to the parent company in the UK.

Sleeper12

BelovedAunt wrote:

I said it as I was leaving the shop. He was acting the dick long before that.

Got you now. I didn't realize that

TheChizler

dudara wrote: »

Hmmm, it would be interesting to fire a question on this to the CCPC. I would tend to be of the opinion (when I think about it, but could be completely wrong) that the contact is formed between the consumer and the company of the retailer. So as long as PC World Waterford belongs to the same company as PC World Swords, then the contract should be honoured also by PC World Swords.

Would be extremely interested to hear if someone can supply a legal definition of "seller" or "retailer" as meant in the context of the SoG&SoS Act.

Could it be possible that your contract is with head office but they get to decide which store you deal with?

njs030

dudara wrote: »

Hmmm, it would be interesting to fire a question on this to the CCPC. I would tend to be of the opinion (when I think about it, but could be completely wrong) that the contact is formed between the consumer and the company of the retailer. So as long as PC World Waterford belongs to the same company as PC World Swords, then the contract should be honoured also by PC World Swords.

Would be extremely interested to hear if someone can supply a legal definition of "seller" or "retailer" as meant in the context of the SoG&SoS Act.

According to www.pcworld.ie -

Should you not be able to resolve the problem either take the product to your local Currys store along with your receipt or email us at websales@currys.ie For all products should the fault occur within 21 days from the date of delivery you have the option of a refund or an exchange.

I know that refers to online sales but I can't image it would differ for face to face sales.

Obvious Otter

CeilingFly wrote: »

The SOG act specifically says you are contracted to the "seller". The seller in this case is PC World Waterford which is a registered business name of DSG Retail Ireland Ltd which in turn is owned by Dixons Carphone PLC.

The OP handed money over in waterford and therefore that is where the contract of sale was performed.

The seller was not Currys PCWorld Swords, BUT a company may offer any additional policy they like once they meet the minimum standards set out by the SOG act.

If in a hypothetical situation this was to go to the SCC, the action would be against DSG Retail t/a PC World Waterford and it would be heard on a Waterford sitting as that is where the contract was formed.

Unfortunately there are far too many people on FB and online forums who state an (incorrect) opinion as "fact" when they have not the foggiest of what they are taking about.

This leads to some consumers then restating this opinion quite wrongly and then finding that a store will not go beyond what they are leaglly obliged to do.
Whereas if approached in a proper and mannerly manner without the "consumer rights" BS threats, you will find the vast majority of stores will go beyond what the SOG act provides.



But there is no right in any way shape or form to insist a different branch of a retailer to correct an issue as it is always the place the contract was formed that is the legal location for any issue - same applies for most legal contracts.

A business name isn't a legal entity. The supplier is "DSG Retail Ireland Limited", the products are purchased under DSG Retail Ireland Limited. The company would be invoiced as DSG Retail Ireland Limited. The contract is between the customer and the limited company.

The action can be against DSG Retail Ireland Limited. The busines name is irrelevant; as it only allows a company to trade under a name that is different to the legal entity i.e. DSG Retail Ireland Limited.

I can see you have a history of providing poor and misleading consumer advice on this forum.

dudara

Obvious Otter & CeilingFly (and other posters) - its fine to have a vigorous debate but when you start getting personal, you are crossing the line. Cut out the personal jibes, or there will be mod actions.

dudara

Curb Your Enthusiasm

PC World have some incredibly arrogant managers unfortunately. Glad you got sorted in the end but PCW are well known for this type of carry on, often ignoring a customers rights.

Sleeper12

BelovedAunt wrote:

The manager in PC World Waterford told me that the Swords manager broke my consumer rights and pc world protocol. Whether he's correct about consumer rights or not I don't know, as it's a confusing issue.

He definitely did not break your consumer rights. Goods must be returned to place of purchase. That's the law.
He definitely broke pc world protocol.
I'd definitely get on to head office. They might even post you out some vouchers because you were treated so badly

reubenreuben

Defo pc world being muppets. Ive took items back to laura ashley in dublin having bought them in belfast. They refunded me with no problems.

It's called customer service.

TheChizler

Sleeper12 wrote: »

He definitely did not break your consumer rights. Goods must be returned to place of purchase. That's the law.

Any idea which act of legislation says this?

Sleeper12

TheChizler wrote:

Any idea which act of legislation says this?

Try bring small claims court against pc world swords. You won't be able to. I've been through all this myself. Your contract is with the physical store itself.
If Op went to the small claims court it would have to be heard in Waterford. It has to be in the district of where he bought it

TheChizler

Is there a publicly available reference for this though, and not just something you get told during the process? Seems a bit unfair if the law is hidden from you until then.

Sleeper12

TheChizler wrote:

Is there a publicly available reference for this though, and not just something you get told during the process? Seems a bit unfair if the law is hidden from you until then.

I'm in the process of bringing a business to the small claims court. It's not as easy as you might think. We are on our third attempt now. The last one was moved from Dublin to athlone because my contract is with the store I bought it from. They made this very clear. The annoying thing for me is it was actually a Dublin store I used. When putting in the claim I could only find registered head office on the cro website so used this. I have to get the company registration number of the actual shop I bought it in. I don't have a contract with head office.

Here's where I see the other side of the argument and I'd like to know the answer to this myself. If my contract is with the place of purchase, the physical shop, what happens if they close that particular branch? Obviously I would still have the option to bring head office to court then. Wouldn't I?

.G.

The bickering here is ridiculous. The manager in waterford said the manager in swords breached pc worlds own rules. That's all that matters. Since the Op has already had recourse from waterford the only option to report the swords fella is through their head office but I wouldn't be expecting much else other than an apology.


Anything else mentioned here is irrelevant to the op.

rock22

As has already been mentioned, from PC World website
"Should you not be able to resolve the problem either take the product to your local Currys store along with your receipt or email us at websales@currys.ie. For all products should the fault occur within 21 days from the date of delivery you have the option of a refund or an exchange."

emphasis is mine

TheChizler

Sleeper12 wrote: »

I'm in the process of bringing a business to the small claims court. It's not as easy as you might think. We are on our third attempt now. The last one was moved from Dublin to athlone because my contract is with the store I bought it from. They made this very clear. The annoying thing for me is it was actually a Dublin store I used. When putting in the claim I could only find registered head office on the cro website so used this. I have to get the company registration number of the actual shop I bought it in. I don't have a contract with head office.

Weird, I helped my mother bring a successful small claim against a business in louth from the court down here in Cork, even got the sheriff to claim the money. Found it really easy but the clerk went above and beyond. Maybe that's the secret.

Glad the OP didn't need to resort to that though!