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Faulty product - no refund without packaging?

[Deleted User]

In terms of the law and legal rights ..

If I buy a product in a shop. If this product turns out to be faulty within 30 days....

- I don't have the packaging, I threw it in the bin.
- I have my reciept.
- I want a refund.

Am I entitled to this without question? Can the shop refuse a refund on the grounds that I have no packaging?

Next thing, with the same situation as above .... can the shop insist they send it away to be tested in the case of a phone, a TV, a computer or whatever?

Any thoughts on this? (Putting a shops good will or customer relations aside. I'm speaking strictly from a legal point).

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parsi

Oasis says ->

http://www.oasis.gov.ie/consumer_affairs/consumer_rights_and_protection/consumers_and_the_law_in_ireland.html

but its a bit vague. However its not an uncommon practice and I do remember buying products which requested that the packaging be retained. There was a major debate on a similar issue on the Komplett subforum here and Komplett stuck to their guns that the packaging was required..

[Deleted User]

Thanks for the link parsi, but as you say it doesn't really clear up the question. I think I may email the Consumer Rights guys and see if they can give me an answer if no one knows for sure .. .

Also, am I to understand that if I get a MP3 player as a gift from John, who bought it in Peats - It becomes faulty and I go back to the shop to get it repaired, that Peats could technically tell me to get stuffed as I'm not the consumer?

parsi

I don't know. From what I can see consumer law _appears_ to be weighted towards the consumer but when you look a bit closer there are a whole load of undefined or unclearly defined terms and at the end of the day its you against the shop ! The problem is that there is no one place to complain to - the ODCA seem to be only interested in "broad" issues.

Now a lot of places will have good policies (Roches Stores) but a number seem to depend on the time of day or phase of the moon...

jonski

Had this issue with a set of headphones from PC world after maybe 5 months , no packaging obviously . The guy behind the counter replaced the headphones but kept the packaging from the newer one , problem solved

[Deleted User]

Yeh jonski, shops can choose to do the decent thing and be customer friendly.... but some choose not to.

If you'd gone back to them within 30 days (30 days is your legal right for a refund if I'm not mistaken?) and asked for a refund, how would they have sorted the packaging issue .. .

Pythia

Nah, there's no well defined period of time before which a refund must be given for faulty goods, AFAIK.
It's something like 'after a reasonable period of time'?

John R

parsi wrote:

Oasis says ->

http://www.oasis.gov.ie/consumer_affairs/consumer_rights_and_protection/consumers_and_the_law_in_ireland.html

but its a bit vague. However its not an uncommon practice and I do remember buying products which requested that the packaging be retained. There was a major debate on a similar issue on the Komplett subforum here and Komplett stuck to their guns that the packaging was required..

They are wrong, if it is faulty the consumer has a right to a repair or a refund. Expecting consumers to keep packaging indefinitely is unreasonable.

If a retailer refuses to refund because you can't produce packaging then a trip to the small claims court is in order.

parsi

They may have been wrong but boy did they stick to their guns...

dr zoidberg

I don't think the packaging is required but on a legal basis receipts are always required.

CCOVICH

If it's faulty and can be repaired, they repair it and you get it back. No need for packaging.

If it's faulty and cannot be repaired, it cannot (should not?) be resold. No need for packaging.

Of course if you want to return/exchange the item, the retailer would be justified in asking for the packaging.

Always keep your receipts for a reasonable period of time.

AFAIK, consumer law protects the buyer, not the recipient of a gift. So the onus is on the buyer to get problems sorted out. However, as long as you have a receipt, I can't think of too many places being awkward.........

John R

parsi wrote:

They may have been wrong but boy did they stick to their guns...

Got a link to that thread? I had a quick look but couldn't find it.

[EDIT] D'oh, found it. They come across as a right bunch of a-holes, puts me right off using them again despite not having had any problems myself.[EDIT]

I wonder what would happen with a SCC judgement against a foreign based trader? May well be difficult or impossible to get enforced.

Cmar-Ireland

On a similar note, Are you entitled to a refund say for example if you get clothes as a gift, but they dont fit? I had the recipts. I got a credit note, could I get a refund?

MrPudding

jonski wrote:

Had this issue with a set of headphones from PC world after maybe 5 months , no packaging obviously . The guy behind the counter replaced the headphones but kept the packaging from the newer one , problem solved

I used to work in Currys in the north. Same chain and we used to do the same thing. Nice and simple.

For the most part Currys could not send stuff back to the manufacturers anyway as they tend to buy stuff without the manufacturer's warranty in order to keep costs down. They take on the risk of fauly items themselves. I would imagine most large retailers would work like that.

MrP

John R

Cmar-Ireland wrote:

On a similar note, Are you entitled to a refund say for example if you get clothes as a gift, but they dont fit? I had the recipts. I got a credit note, could I get a refund?

No. If the product is not faulty you are not even entitled to a credit note. Most retailers will give one to encourage repeat custom but quite rightly will not give a refund.

Cmar-Ireland

John R wrote:

No. If the product is not faulty you are not even entitled to a credit note. Most retailers will give one to encourage repeat custom but quite rightly will not give a refund.

Thanks for that John.

gerrycollins

ciaranfo wrote:

Also, am I to understand that if I get a MP3 player as a gift from John, who bought it in Peats - It becomes faulty and I go back to the shop to get it repaired, that Peats could technically tell me to get stuffed as I'm not the consumer?

correct unless ur in posession of the receipt

[Deleted User]

@gerrycollins
What if I have a reciept but it's got Johns name on it? (yeh, I'm getting picky now.. but I'd like to know)

@everyone
ANy more on my original questions ?

gerrycollins

to be honest ask john to go back in but how can the receipt contain his name?credit card receipt?u could play dumb and pretend ur him if u know his address

[Deleted User]

A lot of reciepts these days contain a name and personal details. Buy a phone, a tv, whatever .... these companys use it for their records for whatever reason.

gerrycollins

personally never had it other than credit card receipts not shop receipts