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Child Item

Shop refuses to replace

Alerium

Hello

I bought a TV 11 months ago which has suddenly stopped working. I had the receipt and brought it into the shop where I bought it to be repaired but they said it would take 3 weeks so I told them if they can’t fix it within 10 days, I would be requesting a replacement. As per new Consumer rights since Nov 2022, I am entitled to choose between a repair or replacement. If they refuse to replace, what are my options?

thanks

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Seth Brundle

Has it been shown that the fault is with the tv and wasn't the result of it getting damaged?

When did you bring the tv in to the shop? I'm assuming this was over the Christmas period and them asking for three weeks to repair is not being unreasonable...

The seller must repair or replace the product for free, within a reasonable time and without significant inconvenience to you. A reasonable time means the shortest possible time to fix the issue. For a replacement, you must get the same or a similar product.

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

Alerium

There was no accidental damage, the TV just wouldn’t turn on. Reasonable or unreasonable, doesn’t matter, my question is what can I do if the shop refuses to replace it (instead of repair), which I am entitled to choose (per my research and the link you sent on).

Thanks

blackbox

I think it is the supplier who gets to chose whether to repair or replace.

Repair should take a "reasonable" time - there is no 10 day limit.

Alerium

The link literally says the consumer can choose.

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

Alerium

Just to reiterate my question, what are my options if the shop refuses to replace? I am entitled to choose between a repair or replacement per link below.

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

Thanks

Deub

Small cour claims then

blackbox

That's your interpretation. Someone else might see it differently.

Alerium

It’s quite clearly written in law.

Alerium

Thanks for the response.

Seth Brundle

https://www.boards.ie/discussion/comment/121581910#Comment_121581910

Can you show in the legislation where it says that?

Inviere

https://www.boards.ie/discussion/comment/121581894#Comment_121581894

If they're dragging their feet on the matter (ie, not being reasonable with the repair/replace options), I'd just be asking them the address where they'd like legal correspondence sent to, and who it should be addressed to. Then it's a matter of pursuing it through the small claims court, for the small fee (€15 or so). I wasn't aware the customer could decide the order, maybe its been changed, but I doubt it? A repair will be fine, but if they can't do it within a short enough time, and they're sitting on stock, I'd be a bit more assertive with them.

waterwelly

https://www.boards.ie/discussion/comment/121581918#Comment_121581918

In most cases, you can decide which of the remedies above you would prefer.

Alerium

https://www.boards.ie/discussion/comment/121581918#Comment_121581918

Sure, section 23.2 of the Consumer Rights Act 2022.

Alerium

https://www.boards.ie/discussion/comment/121581921#Comment_121581921

Yes it has changed since November 2022. Thanks for the suggestion.

Inviere

https://www.boards.ie/discussion/comment/121581933#Comment_121581933

Interesting. The shop might argue the case under 23.2b though, so it's likely they'll still have control over the matter. Personally I wouldn't mind as long as it's repaired according to manufacturer specs.

Alerium

https://www.boards.ie/discussion/comment/121581946#Comment_121581946

I also wouldn’t mind it being repaired, but 3 weeks to repair it is unreasonable in my opinion.

Seth Brundle

https://www.boards.ie/discussion/comment/121581929#Comment_121581929

Which also says that the retailer can offer you the alternative remedy if therenis not a significant inconvenience to you (23.2.b.iii).

You're not even giving them the opportunity to do this.

Alerium

https://www.boards.ie/discussion/comment/121581969#Comment_121581969

The TV is currently with the retailer being repaired for the past 10 days? Did you read the OP? I can confirm there is a significant inconvenience to me.

Doe Tiden

Definitely 23.2b comes into play here, ie you won’t get a refund for a telly if it’s just a fuse will fix it.

I’ve worked in retail and sold various types of tools/machinery for years, and in a few cases we’ve got solicitors letters from customers and our solicitor has never being worried about them tbh,

ive rarely replaced a machine/tool I could have fixed, odd time might have to, if I couldn’t get parts etc. But it’d be a rarity and the fella who starts shouting about consumer rights and solicitors letter is the last to get a machine replacement especially if I know I’m on the right side of the legislation

Alerium

https://www.boards.ie/discussion/comment/121581994#Comment_121581994

Firstly, not once did I mention a refund anywhere.

Secondly, I’ve given them the opportunity to repair, but 3 weeks is unreasonable in my opinion.

Thirdly, your examples relate to the past which likely pre-dates November 2022, at which point the consumer could choose.

Doe Tiden

https://www.boards.ie/discussion/comment/121582010#Comment_121582010

Sorry should have wrote replacement not refund,

my experience is both pre and post November 2022!

what would you consider a reasonable amount of time?

Alerium

https://www.boards.ie/discussion/comment/121582026#Comment_121582026

I brought the TV to them on a Friday morning, I would like to have it back by Wednesday the following week. So 10-13 calendar days.

Solicitor letters are not required for the Small Claims Court.

28064212

You do have the right to choose. The retailer also has the right to choose under certain scenarios, as outlined above. No one here is going to be able to confirm whether one of those scenarios apply to this case.

However, even if it is established that you do have the right to choose, what are you going to do? Establishing that right is going to take much longer than three weeks. You've already stated that a repair is acceptable, just it's taking 11 days too long. If the repair has already been provided (or is imminent) by the time the case comes up (very likely), the courts aren't going to do anything

carfinder

https://www.boards.ie/discussion/comment/121581890#Comment_121581890

Did you read the Act linked by the OP? If so I'm baffled that you think it's the suppliers choice in the circumstances laid out by the OP. Small Claims Court would be best avenue for OP and with a bit of luck the supplier will get proper legal advice and realise that they should replace the item

Doe Tiden

https://www.boards.ie/discussion/comment/121582040#Comment_121582040

you are correct SCC doesn’t require solicitors but the value has to be less than 2k

i would suggest between 10-15 working days. Is a reasonable amount of time, and possibly longer depending upon circumstances. Usually tho electronic retailers are good to replace rather than repair if possible.

going the SCC route will probably take a least a week but likely longer if the retailer defends it, and if the court rules in the retailers favour which they probably will imo you’ll be back to square one.

Alerium

https://www.boards.ie/discussion/comment/121582070#Comment_121582070

I was told I am not entitled to a replacement when I asked for it originally, so I had no option but to settle for a repair. At that point, I was willing to negotiate and give the retailer the opportunity to fix it within what I deem a reasonable time.

Alerium

https://www.boards.ie/discussion/comment/121582076#Comment_121582076

The TV’s value is €500. 15 working days is an inconvenience to me. Why would the SCC rule in the retailers favour?

Doe Tiden

The SCC could decide that it’s not an inconvenient length of time,

The retailer could counter claim the fault was damage, are you willing to pay for an independent accessor to verify your claim of faulty goods?

The retailer could choose to defend the case for a myriad of reasons,

I’d just suggest you wait a little longer before deciding on the SCC

Seth Brundle

https://www.boards.ie/discussion/comment/121581977#Comment_121581977

No need for the curt reply, especially when people are trying to help you. Your OP doesn't make it clear that it was left with them as you tell us that you were unhappy with the time they required to repair.

On that basis, you have accepted their offer of a repair within a reasonable amount of time. Demanding a ten calendar day turnaround just after Christmas is not really being reasonable to be fair.

waterwelly

https://www.boards.ie/discussion/comment/121582040#Comment_121582040

At a normal time of year maybe, but the 2 weeks either side of Christmas are always a **** show.