# Key Post: Buying on the Net



## garyo (8 Jan 2003)

HI,

Can anyone tell me what my rights are after buying a grapics card over the internet for my son for Christmas which does not work. The company in question say I must return the graphics card (large box) and  they will either repair or replace it. I'm not happy with the suggestion of a "repair" as I paid a lot of money for something that "not suitable for the purpose for which it was bought". Have I the right to insist on a replacement?


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## ClubMan (8 Jan 2003)

*Re: Buying on the Net*

Where was the retailed actually located and/or where did the goods originate from? The information in  might be of interest to you.


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## garyo (9 Jan 2003)

*Buying on the net*

Hi Clubman,

Thanks for that link - it certainly helps.
I bought the graphics card from a company based in Luton, England.
I have now written to the ODCA so I hope I might get some help from them.
Thanks again.


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## rainyday (9 Jan 2003)

*Re: Buying on the net*

Hi Gary - I don't know the legal position, but in general, I don't think it's unreasonable for the retailer to offer a repair in the first instance.


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## rainyday (9 Jan 2003)

*Re: Buying on the net*

Hi Marion/Gary - To me, it's just common sense to give the manufacturer one shot at a repair. Would you demand a new car in the case of a faulty wiper - clearly not. Gary bought a graphics card which is faulty, so I think it's reasonable to give them one chance to repair the card. I'd agree with reserving the right to demand a replacement in case of ongoing faults.

Mind you, I'm surprised that the manufacturer wants to do this. From my experience, the cost of processing/tracking the return and carrying out the repair on a component circuit board may well exceed the cost of replacing the card.

Also, I note that the [broken link removed] seems to agree with your view, rather than mine...



> If goods prove to be faulty, do I have to accept a credit note from the Seller?
> 
> No. Where goods are faulty, a consumer may refuse to accept a credit note and *has the right to seek a replacement* or refund.



Regards - RainyDay


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## Marion (9 Jan 2003)

*Re: repair or replacement*

Hi RainyDay

*"...but in general, I don't think it's unreasonable for the retailer to offer a repair in the first instance".*

Why?

If the good is faulty and the consumer has notified the retailer promptly (a couple of weeks max) then I don't see why they have to accept a repair. [Obviously if a wiper were broken on a car, I wouldn't expect a new car, but I would still look for a replacement wiper] 

If I did accept a repair, I would make it very clear verbally and in writing, that I still reserved the right to a replacement or my money back if I were not satisfied with the repair.


Marion :hat


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## Marion (9 Jan 2003)

*Re: Buying on the Net*

Hi RainyDay

*"To me, it's just common sense to give the manufacturer one shot at a repair."*

I disagree with this, in general, where the good is faulty and where notification of this fault was given within a reasonable time.

Garyo has already been inconvenienced by having a faulty good which his son could not use over the Christmas holidays.

If he accepts a repair, he is going to be further inconvenienced. When is he going to be able to enjoy this product which was purchased in good faith?

Why should the consumer be a loss where the goods are clearly faulty? In this case, the good has a *major* defect. It doesn't work.

Looking at it from the reasonableness aspect I think a consumer should not be penalised where goods are faulty.

This would also be covered by legislation in Ireland under the Sale of Goods Act, but not in garyo's case because the EU directive should apply.

Marion :hat


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## garyo (10 Jan 2003)

*Buying parental home*

Hi Rainyday & Marion,

Thanks for your contributions. I agree with Marion - I've paid for something that does not work and I honestly believe a replacement is in order. 
I have just contacted the EU Consumer Centre here in Dublin and they have offered to take up the case. It is a free service so others may like to know about this.

Just as an aside, I contacted the company in question this morning and they said I would have to return the graphics card to them at my own expense. This expense includes insuring the card as it is expensive. They advised that I insure the card going back to them and I don't see why I should have to bear any more expense so I'm handing it over to the EU Consumer Centre who agree.


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## Observer (23 Jan 2003)

*Re: Buying parental home*

A friend of mine in a similar situation with a laptop purchased mail order from the UK had a long and tortuous complaint sorted out smartly when he contected the local Trading Standards Office in the UK.  They were most helpful and insistent that their remit covered internet purchases!


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## garyo (24 Jan 2003)

*Buying on the Net*

Hi Observer,

Thanks for that. Yes I agree I think this is the route my EU Consumer Centre will go down - eventually and hopefully sort out the problem.


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## machalla (29 Sep 2003)

*Details*

Probably off the point but if you are buying PC stuff (graphics cards included) www.komplett.ie has been my Mecca in recent times.  They have a customer representative on the boards.ie site where they run a commercial forum.  They usually have the best prices for most pc items I have seen in this country (and after  this I look like I work there).  

I think as they are registered in Ireland as a company they would be more likely to be bound by Irish laws also (as well as European).  I'm almost sure there are some European laws on distance selling that came into effect in the last few months.  No doubt the Consumer centre will be able to inform you.

Theres also elara.ie who being based in Dublin would be easier to return items to (if similar circumstances arose for anyone).

If you can get your money back on the item perhaps they might be safer companies to deal with.

Probably more a post for Good Buys/Bad Buys this but perhaps it might be of some help for anyone else who may be considering buying further afield that there some reasonabley priced local suppliers too.

Hope it works out ok.


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