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Consumer issue

  • 05-10-2023 2:06pm
    #1
    Registered Users, Registered Users 2 Posts: 128 ✭✭


    At the weekend I attended the b@byfair in RDS and put down a deposit on travel system package. I was told on the day id receive an email with full itemised breakdown during the week. I received it yesterday and the system in the list is not the one id asked for but a slightly cheaper package. I have a handwritten quote from the salesperson but it doesnt mention the exact model just says brandname babyfair travel system package. I had two friends with me and they both remember me clearly asking "constantly" if it was the right package.


    Do i have any comeback here?



Comments

  • Registered Users, Registered Users 2 Posts: 792 ✭✭✭Yeah Right


    What did they say when you emailed them back?

    Also: did you pay by card?



  • Registered Users, Registered Users 2 Posts: 128 ✭✭LunaLoo


    Yes paid by card.. they told me they'll look into it and get back to me either today or tomorrow. Just want to have an idea where I stand.



  • Registered Users, Registered Users 2 Posts: 792 ✭✭✭Yeah Right


    See what they say, so.

    No point going scorched earth just yet, but stand firm and state your case. Try to get it in writing if you can, I'd only be dealing with them via email from here on in. If they insist on a phone call, take notes and email them afterwards saying "it is my understanding from our earlier call that you agreed to X, Y and Z".

    If they agreed you were going to get package A and they're substituting it with package B, you're entitled to a full refund under the sale of goods and supply of services act.

    When you buy products, they must be ‘in conformity with the contract’. This means they must be:

    as described – they should match any description given in an advert or other information provided by the seller at the time of sale

    You're entitled to a FULL refund, no ifs ands or buts. The sticky part might come if they say, "no no no, we described package B, but you must have misheard." Of course, if they were a genuine company, they'd still refund your deposit without much fuss. If they dig their heels in, it's a sure sign they're deliberately scamming people and I'd let the organisers/RDS know what they were up to.

    If you paid by card, you can talk to your bank and they can reverse the charges (known as a chargeback) under certain circumstances. This is one of those circumstances (misleading product descriptions) but you'll have to have a chat with them. Should be straightforward, but I'd talk to the seller first. You have 4 months to do a chargeback, I think.



  • Registered Users, Registered Users 2 Posts: 14,226 ✭✭✭✭Dial Hard


    I think you may be jumping the gun a little bit here - you haven't actually bought anything yet, nor have you given the company a chance to respond, it seems, so talk of "comeback" is a bit premature, imo.



  • Registered Users, Registered Users 2 Posts: 792 ✭✭✭Yeah Right


    They've paid a deposit and are now being offered an inferior product. This is a classic bait and switch move, people have been doing it for centuries. It is incorrect to say they've not bought anything yet. Would you be happy sending the OP €250 deposit in case they don't get theirs back? I mean, you wouldn't actually have bought anything yet so you'd be happy parting with your hard-earned cash and any talk of returning it would be premature, right? Right?

    Spoiler alert: would it fcuk.

    Yes it's too early to go 'scorched earth' as I already said. But a wise person would start proceeding on the assumption that this company is not going to return the deposit. If they're scummy enough to bait & switch, they're scummy enough to retain funds without reason. For all you know, this is their MO. Anyone can get a stall at these Expo's, who's to say they even sell baby stuff?

    1. go to expo
    2. sell 500 packages, take a % as deposit
    3. email all 500 people, detailing a crappier product
    4. get 480 cancellations, keep their deposits
    5. fulfill the other 20 orders at an inflated price
    6. profit

    Emails only, insist on a refund of deposit, polite but firm, if you get pushback then it's time to bring out the big guns. Threaten legal action and initiate chargeback.

    That is the only smart play here.

    Having a baby, especially your first, is stressful enough without having to deal with sh1tehawks like that. People who prey on vulnerable people like soon-to-be parents are the lowest of the low. Lower than a snakes ballbag. You should be well covered, but play it smart.

    The best time to cover your ar$e was at the baby fair. The second best time to start covering it is right now.



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  • Registered Users, Registered Users 2 Posts: 128 ✭✭LunaLoo


    Thanks guys. The manager rang yesterday and the sales assistant on day gave me incorrect price a little over 200euro difference but the manager said they will honour the deal as I should have been given a proper detailed breakdown.

    Just wanted to have an idea where i stood in advance of phonecall. (It has since been confirmed in email by the shop)

    I did try to reply earlier to you both but the site was down. Thanks again.



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