# Rights to return goods



## rynd2it

We bought a portable air-conditioner direct from the manufacturer. However, when we examined it closely with the location requirements in the manual, it was obvious that it would not work in our house.

So, given there is a 14-day right of changing your mind, I contacted them for a return and reimbursement. They now expect me to pay for the return to them and the package must be unopened for any reimbursement to be paid. In addition, they will deduct €60 from the reimbursement to pay for the delivery costs to my address. Clearly the box was opened to check the contents and read the manual, consequently they won't reimburse and will send it back to me at my expense.

This seems contrary to what I understand as basic consumer rights within the EU, so where do I stand? Anyone else run into this issue?


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## ccm47

This is the official link: 14 days to withdraw. 
If you were to ask for an exchange for a larger model would the company be more helpful?

We had.a similar issue when trying to return half a shower cubicle ( the other part never arrived) as the company wanted us to re-wrap what we had received onto a pallet! We literally couldn't do it but it took six weeks before a solution was found. Eventually when no shower, as ordered, could be supplied we asked for full reimbursement and took the company to arbitration then court. Naturally we won, but it required determination and attention to legislation from me.


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## rynd2it

ccm47 said:


> This is the official link: 14 days to withdraw.
> If you were to ask for an exchange for a larger model would the company be more helpful?
> 
> We had.a similar issue when trying to return half a shower cubicle ( the other part never arrived) as the company wanted us to re-wrap what we had received onto a pallet! We literally couldn't do it but it took six weeks before a solution was found. Eventually when no shower, as ordered, could be supplied we asked for full reimbursement and took the company to arbitration then court. Naturally we won, but it required determination and attention to legislation from me.


Thanks for the link, reading carefully it seems that the seller can circumvent all or part of the rights by informing the buyer before the sale is complete. In other words, checking the box " I agree to the Terms & Conditions" (without which the sale will not proceed) is tantamount to giving up your rights. It is not economically viable for me to challenge this or even try for reimbursement so I have listed it for sale - anyone want a cheaper air-conditioner?


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## BoilingFrog

Wow, I thought France was supposed to be a civilised country! Where in France is this air conditioner, what size is it, and how much are you asking? At least it seems you chose an ideal time to be selling one!


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## Clic Clac

I would have thought 'our' 14 days internet returns law (2000 I think) is EU legislation. 

Normally legislation out trumps any restrictive t&c. 









Guarantees, cancelling and returning your purchases - Your Europe


How to claim the 2-year guarantee for EU purchases, get a repair, replacement or refund, how to cancel orders made outside shops (online, by phone, mail order).




www.google.com


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## Crabtree

Most reasonable size towns have a consumer organisation,I would think that the Mairie would be able to tell you where your nearest one is


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## suein56

You could ask for a rdv with your local 'conciliateur de justice' .. it's free and extremely helpful, there is a long list of situations they can help in.








Conciliateur de justice


Le conciliateur de justice est chargé de trouver une solution amiable pour régler un différend entre 2 parties.




www.service-public.fr


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## rynd2it

Thanks for all your responses, Airton have changed their tune a bit after I wrote a message highly critical of their business practices. Now it appears the €60 deduction only applies to fixed air conditioners when delivery was refused.

I have asked for assurances that the fact the box has been opened and the contents checked does not preclude them making full reimbursement - I'm waiting for their response

Watch this space


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## rynd2it

BoilingFrog said:


> Wow, I thought France was supposed to be a civilised country! Where in France is this air conditioner, what size is it, and how much are you asking? At least it seems you chose an ideal time to be selling one!


Its in Chabanais 16150, I'd like to get €150, it cost over €200.


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## Stevesolar

Hi,
Did you pay by credit card?
If so -this gives you far stronger rights as credit card company is jointly responsible for satisfying the contract.
You can then approach them for a chargeback if things don’t work out well with the vendor.
cheers
Steve


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## rynd2it

I have received written confirmation that they will not make any deductions to the reimbursement even though the package was opened. Consequently I shipped it off to them this morning, now we await developments.


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## rynd2it

Stevesolar said:


> Hi,
> Did you pay by credit card?
> If so -this gives you far stronger rights as credit card company is jointly responsible for satisfying the contract.
> You can then approach them for a chargeback if things don’t work out well with the vendor.
> cheers
> Steve


I used PayPal and that would be my last port of call if needed - they are brilliant at this sort of thing


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## Nomoss

PayPal have always come up trumps for me in this type of situation.

If you have Protection Juridique cover in your house insurance policy it might be a lot quicker and less stressful to simply let them handle the legal process. They are less likely to make any error.

Among other things our PJ specifically covers disputes relating to any and all purchases. We used it to successfully claim expenses and damages when the car was filled with diesel from a pump marked petrol.


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