But when the phone arrived and she started using it, she noticed a delay in opening apps and the battery never charged more than 80pc. I suspect the phone was refurbished, not new, as the website had indicated.
She tried to return the phone to a local branch of the retailer, but the shop refused to refund her because the packaging had been opened. The shop assistant also mentioned that a 14-day cooling-off period had expired. What are my sister’s rights in this situation?
Liam, Co Mayo
?A It sounds like the retailer provided your sister with incorrect information, both on its site and in its store.
When your sister bought the phone online, she entered a sales contract with the retailer.
She’s entitled to a phone that matches the description on the website, is fit for purpose, and is as durable as any new smartphone of the same model under normal use.
Because the phone appears to have been faulty right out of the box, your sister is entitled to request a repair, a replacement, or a refund.
Indeed, if she brought the faulty phone back to her local store within 30 days of receiving it, she’s entitled to a full refund.
That refund should be provided within 14 days – and it doesn’t matter that the phone packaging was opened.
Online purchases do come with a cooling-off period of 14 days, but this doesn’t apply if an item is faulty.
A cooling-off period allows a consumer to return an item without needing to give a reason – for instance, if they’ve changed their mind.
But if an item is faulty or otherwise doesn’t match its description, there’s a six-year time limit for seeking a remedy.
The retailer could be making misleading claims if it’s presenting a refurbished or second-hand item as brand new on its website.
This would be in breach of consumer protection legislation, so your sister may wish to report the retailer to CCPC on our website.
I’d recommend your sister return to the store and speak to a manager about getting a refund.
If that isn’t successful, she should send them a formal written complaint, including details of the issue and outlining her efforts to resolve it.
The CCPC website has details of how to complain. If the retailer still won’t provide a remedy, your sister could take a claim through the small claims procedure. This costs €25 and applies to claims worth up to €2,000.
I don’t want another replacement sander. Photo: Getty
A DIY store is blaming an expired warranty for not giving me a refund
Q I bought a cordless sander from a DIY store in November 2023 and got a five-year warranty. When I noticed a problem with the sander in October 2024, I returned it to the DIY store and got a replacement.
However, two months ago, I noticed an issue with the replacement sander – the battery life was much shorter than claimed by the manufacturer.
When I went back to the store about this issue, they offered another replacement sander but wouldn’t offer a refund. They also told me that while the sander I bought in 2023 came with a five-year warranty, the same sander now only comes with a two-year warranty.
Is there anything else I can do? I don’t want to have to accept another replacement.
Sarah, Co Carlow
A It sounds like the store might be relying too heavily on warranties instead of consumer law when offering you a solution.
When you bought the sander from the store, it should have been fit for purpose and as described. If it had a fault that was not due to accidental damage or misuse, you had a right to a repair, replacement or refund under consumer law.
It appears you accepted a replacement for the first sander you bought was faulty.
The store is incorrect to suggest that the warranty you took out in 2023 – or any change in the warranty period – dictates the remedy it can offer for the faulty replacement sander.
Your consumer rights take priority over any guarantees or warranties.
Under consumer law, you have six years from the date of purchase to raise an issue if an item you bought turns out to be faulty. If the fault occurs within the first year, it’s assumed that it existed when you bought the item.
In your case, the six years started on November 2023 – regardless of the warranty. Even though you accepted a replacement when you learned the first sander was faulty, you’re not obliged to accept a replacement a second time.
Under consumer law, if the same issue – or a different one – occurs with an item after a business has tried to fix it, you can request a full or partial refund.
Write to the store with an outline of your complaint and what remedy you’d prefer. If the store won’t offer you a suitable solution, you can make a claim through the small claims procedure at the district court.
You can find more information about faulty goods, warranties, and how to complain to a business on the CCPC website.?
Clodagh McCarthy is deputy director of communications at the Competition and Consumer Protection Commission. Email your questions to gabrielle.monaghan@independent.ie
source