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Rights on a faulty item bought online

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  • 11-06-2024 9:43am
    #1
    Registered Users Posts: 6,415 ✭✭✭


    In January I purchased a pair of headphones. Last week they will no longer turn on. I contacted the seller (bought direct from the manufacturer). I was told the item can't be repaired and must be replaced. They said they didn't have any new stock so asked would I accept an older version of the same model (Re-package)…I presume this means refurbished.

    I said since an identical item can't be provided I will request a refund. They told me they will refund me 70% of the price paid factoring in time of use.

    Is this allowed?



Comments

  • Registered Users Posts: 4,732 ✭✭✭Xterminator


    you dont say what jusidiction this falls under. EH Temu in china wont be bound by irish law.

    perfectly reasonable to offer a refurb in as new condition. Meets the 3rs under irish law. which is a very high standard of consumer protection. you could argue the 70% refund part, id ask for credt against a new model and see if they will give a better %, rather than a refund.



  • Registered Users Posts: 6,521 ✭✭✭The Continental Op


    The 70% refund shouts at me that the manufacturer thinks their products last less than 18 months.

    Its fairly clear what your rights are

    https://www.citizensinformation.ie/en/consumer/shopping/problems-with-faulty-goods/

    Within 12 months its repair, replace or refund (not a %).

    Wake me up when it's all over.



  • Registered Users Posts: 18,957 ✭✭✭✭Del2005


    That's only if they bought from an Irish retailer and I don't know many Irish headphone manufacturers. Even a .ie site doesn't guarantee you are buying from an Irish retailer, you need to check the T&Cs to see what jurisdiction they are trading in.



  • Registered Users Posts: 6,415 ✭✭✭run_Forrest_run


    my apologies, I should have added more information. So I bought from Soundcore Europe ( https://eu.soundcore.com/ )

    So in the terms of replace, does a replace with a refurb suffice or are they obliged to offer a brand new unused item?



  • Registered Users Posts: 3,546 ✭✭✭Hoboo


    I went through something similar not so long ago.

    First I would check the site and see if the item is actually sold out, and if there is a restock date.

    To avoid a drawn out process of emails and arguing points of law with a customer service rep who’s computer says no, I’d ask for a new pair, like for like, when new stock arrives, and take a gift voucher or credit for now.


    Honestly, it’s not worth it if you can get a half decent result with no effort.



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  • Registered Users Posts: 6,521 ✭✭✭The Continental Op


    Nothing in the sellers Warranty info on the percentage refund

    https://eu.soundcore.com/pages/exchange

    Wake me up when it's all over.



  • Registered Users Posts: 14,293 ✭✭✭✭Dav010


    The op should take whatever they are offering, the headphones advertised on the site are relatively cheap compared to the more expensive brands, and this term on the site seals the deal:

    17.1 This Agreement is governed by the laws of the People's Republic of China.



  • Registered Users Posts: 6,521 ✭✭✭The Continental Op




  • Registered Users Posts: 14,293 ✭✭✭✭Dav010




  • Registered Users Posts: 6,415 ✭✭✭run_Forrest_run


    thanks for the feedback folks…after this I'll go back to Sony



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  • Registered Users Posts: 925 ✭✭✭JVince


    TEMU is an Irish based company.

    PDD Holdings, Temu's parent company moved its HQ to Ireland last year and therefore all purchases on TEMU in the EU are subject to EU law.



  • Registered Users Posts: 4,732 ✭✭✭Xterminator


    yes but arguably not because of the reason - they moved their HQ to Dublin. They moved the corporate HQ, but claim they act as a digital marketplace so the sellers are separate and dont have HQ's in Ireland.

    Its irrelevant now because they have been designated as a VLOP by the EU in may 2024.

    As you said that means they are subject to EU rules but funnily enough not Irish rules, which are more stringent than EU rules.

    At the same time, as a Regulation, the Digital Services Act applies directly superseding overlapping national laws that follow the same objective. Besides, as the DSA is a full harmonisation instrument, EU Member States cannot go beyond the Regulation in their national laws.



  • Registered Users Posts: 6,415 ✭✭✭run_Forrest_run


    so an update on this, they have dispatched a replacement pair. A refurb I suspect. At this rate I will just take it and see how long they last. The headphones were excellent, especially for the price but I will learn from this and stick to the well known established brands in future.



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