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Refund/ replacement/ repair

  • 10-12-2021 12:27pm
    #1
    Registered Users Posts: 34


    Hi there,

    During the Summer, I needed a new Apple charger for my macbook pro. A store that does Apple repairs and general phone/ computer repairs was recommended to me and I bought a new charger from them. After purchase, I noticed it wasn't an Apple manufactured product. I went back to ask the store technician about this and he said it was a good quality charger, that they had had no issues with them to date.

    The charger failed after 3-4 weeks. I don't think it could possibly be accidental damage as it was plugged in at a stationary work space and was never moved or touched. Work was extremely busy and I needed an immediate replacement. The store where I'd made the purchase was closed, so I bought a replacement at a different store, which was open at the time, and postponed going back to the store where I'd bought the first charger until a time when I was under less pressure. To be honest, I was also a little nervous of getting another charger from the first store in case those chargers were problematic and might cause damage to my system.

    Unfortunately, work continued to be very busy, so when I made it back to the first store to report the fault, a few months had passed. However, it was still within 6months of the original purchase. The store said the only thing they could do for me was to replace the item. I explained that I had already replaced the item and that a second charger is of no use to me. They said that it's my own problem if I've already replaced the item and there is nothing else they can do apart from a repair.

    Do I have no right to a refund in these circumstances? I feel a little wary of purchasing anything else in the store when there is so little comeback, but even store credit would be slightly better than an expensive, redundant spare charger



Answers

  • Registered Users Posts: 34 WonderingJu


    Thanks very much for the responses, guys. The info I'd been able to find online is a bit vague. It's difficult to tell whether the right to choose which of the three options to settle on (refund, repair or replace) rests with the vendor or the consumer, so I take your points, and may need to give the vendor the benefit of the doubt in this case.

    Out of interest for future purchases though, the quote below from The Consumer's Association of Ireland (thecai.ie) seems to imply that the consumer is equally entitled to request a refund as to request a repair/ replacement. I think I read somewhere that if an electronic product does not last 6 months from the date of purchase, it is considered not to be "reasonably durable".


    Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

    • of merchantable quality
    • fit for its normal purpose, and reasonably durable

    You do not have to take a credit note if your complaint is covered by the Sale of Goods Act. You can insist on a refund, a replacement or a repair.

    If you have a genuine complaint about faulty goods, you can ignore shop notices such as ‘No Refunds’ or ‘No Exchanges’. Such notices cannot take away any of your statutory rights under the Sale of Goods Act see Retailers’ responses.



  • Registered Users Posts: 2,046 ✭✭✭silver2020


    A charger would not be considered an electronic product.

    The remedy is what would be considered reasonable.


    An offer of a replacement fulfills that obligation in its entirety.


    There is no benefit of doubt in this.

    And your several months delay also goes against you.



  • Registered Users Posts: 10,397 ✭✭✭✭28064212


    You can insist on a refund, a replacement or a repair.

    This is an ambiguous line. There are two possible readings of it:

    • You can insist on a refund, you can insist on a replacement, or you can insist on a repair
    • You can insist on a remedy. This remedy can be a refund, a replacement, or a repair

    I believe the actual law is the second interpretation.

    However, there is also consideration given to other circumstances - if the item was never fit for purpose or reasonably durable (e.g. a TV model with an inherent flaw that causes the screen to fail after 100 hours of use), a replacement is obviously not considered sufficient remedy

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