Faulty TV denied refund because of no Original Packaging

C

CapRooney

Guest
Hi all,
I bought a TV off of Komplett.ie two weeks ago. As soon as I turned it on there was a loud buzzing noise coming from the back of the TV. I contacted them and they sent a courier down very fast to collect the TV. Two weeks later I get an e-mail saying I was refused a refund because I didn't have the original packaging (I had everything but the cardboard box because the mother cut it up). Surly I should be entitled to a refund as this was a faulty product. Somebody let me know on where I stand with this situation.
 
no they said they are repairing it but I do not want it repaired as I am afraid it might develop the fault again in the future. Would I have any luck in the Small Claims Court?
 
CapRooney said:
no they said they are repairing it but I do not want it repaired as I am afraid it might develop the fault again in the future. Would I have any luck in the Small Claims Court?
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I think they are legally obliged only to repair it, they get 3 goes at repair before they have to replace it. But most places have a 28 day no quibble guarantee - Im not sure if they are legally bound to replace it within 28 days though - someone else may know.
 
no they said they are repairing it but I do not want it repaired as I am afraid it might develop the fault again in the future
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They are obliged to repair, replace or refund afaik. The packaging, or lack of, is irrelevant. You must afford them the chance to right the wrong so to speak.

they get 3 goes at repair before they have to replace it
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I will stand corrected but to my knowledge they have 1 go at repairing it, if this fails then you are entitled to a refund or replacement.

Take a look here - http://www.irishstatutebook.ie/1980/en/act/pub/0016/index.html

or here -

http://www.consumerconnect.ie/eng/Get_Your_Rights/Shopping/Repairs/The Question.html
 
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CapRooney said:
no they said they are repairing it but I do not want it repaired as I am afraid it might develop the fault again in the future. Would I have any luck in the Small Claims Court?
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From consumerconnect.ie -
"Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.
However, if a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, then the buyer is entitled to seek another form of redress from the list.
You can also reject the retailer/supplier's offer if you wish to seek another form of redress. If you do, you may have to take the matter to the courts to have it resolved."
...
"If a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, the buyer is entitled to seek another form of redress.
If you are not happy with the seller's final offer you have a right to take legal action. A case can be taken through the Small Claims Court for amounts up to and including €2,000."
...
"Q5. In what circumstances might a seller refuse to offer redress for faulty goods?
Your legal entitlements may be diminished in the following circumstances:

  • If the goods complained about have been used for some time
  • If there has been an undue delay in making the complaint or returning the item
  • If there is reason to believe that the goods have been accepted in their faulty state"
You could try calling their helpline at 1890 432 432 - I would love to hear what they have to say about someone being denied their rights because of a missing box!
 
I can't see where anybody's rights are being denied.

The retailer offered to repair the product. The OP didn't specify whether the offer of repair was rejected by them or not. As far as I'm aware if you want to reject the offer then you'll have to go to court. If you do accept the offer then the repair has to be permanent - e.g. the same fault must not occur. If it does you can then request one of the other two options - replace or refund. Note that I believe the guarantee period will still be on the original purchase date, not the date of repair.

It's a moot point whether the retailer would have offered a straight replacement if the original product was returned to them in the original packaging. I don't know but then I always keep my boxes for a year or so. Any goods I've bought from t'internet and have developed faults have always been refunded straight away, without issue, when I've returned them.

SSE
 
TreeTiger said:
You could try calling their helpline at 1890 432 432 - I would love to hear what they have to say about someone being denied their rights because of a missing box!
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but he wasn't denied his rights... its repair, replace or refund at the digression of the seller...
 
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