There are a few threads here on this subject but not much info.
Basically, I bought a new computer online, it went wrong, the supplier said send it for repair, which I did, at my own cost, and they couldn’t repair or replace it with an equivalent model so they have refunded me (without my agreement) 80% of the original purchase price, citing it’s no longer new (it was less than a year old) and they haven’t refunded the cost of sending it for repair.
My understanding is that EU law means they are liable for up to 2 years and return costs are their responsibility. I have threatened small claims action but there has been no response.
I think to be seen to have tried, they should have a “médiateur” in the company you should now say this to, with receipt and request 100% refund due to its failure in less than 1 year since new.
I think I might send them a Mise en Demeure to refund within 15 days, if they refuse the above or fail to pay within the same date next calendar month 23h59 I’d give them in the above. The Mise en Demeure sent post Recommandée Avis de Réception.
Then if still refused, go to Répression des Fraudes with an official complaint.
I think quechoisir.org will have their local organisation help you for a small fee.
I certainly wouldn’t leave it at that which it looks like the vendor is hoping to exhaust you into.
Indeed, this was bought through CDiscount, which models itself on Amazon. At first the CDiscount people were very encouraging but now I have a received a partial refund they have gone quiet.
I have gone through a long corrrespondence, which is archived, with the manufacturer, monitored by CDiscount. I have pointed out their responsibilities and they increased the refund value from 70 to 80% but ignored the return shipping cost. I need to find a way of complaining to CDiscount directly.
To be fair it’s not a lot, including the return shipping, it’s about €52, but poor attitudes like this need to be challenged. I have a full correspondence paper trail via the CDiscount espace client.
Yes right is on your side and you could even be owed the shipping though I’m not 100% certain. I’m very confident you’re due a 100% refund though.
They are clearly hoping to wear you down so you will go away so the strategy is to make sure it costs them time and possible legal fees or having a case adding to their numbers at Répression des Fraudes.
I hope you do persist, think how many people they must be doing this to and it all adds up.
If you took “protection juridique” with your household insurance, you could pass all the information onto a lawyer. If the item is above 600 euros (please don’t quote me on that, I think it’s around that margin), then they could intervene and pursue it on your behalf.
Your bank may also be able to help. That monthly payment for your bank account can also include cover for such things. My bank recovered money from an online store for us after we gave them all the evidence. In out case, it was a straightforward case of non delivery of goods and they were able to charge back the amount we paid. Your case is more complicated but they may be able to belp.
I would try the link Gareth posted. I could be wrong but I think small claims is more suitable for eg recovering unpaid bills where it is clear from the paperwork exactly what amount is owed.
Unfortunately in my experience mise en demeure are frequently ignored unless sent by an huissier.
Spot on. I bought a Teardrop caravan from the manufacturer in Leicester and with some diversions, was preparing to climb the Pyrenees when the chassis snapped in half.
I continued without it leaving it outside a local garage who later looked after it for me, then hired a car trailer to bring it back home.
Brand new, it had only done around 2,000 kms before this happened.
The makers demanded that I tell them where it was so they could collect it. Using my contacts in the transport industry and knowing the costs involved, I realised that all they wanted to do was destroy the evidence so I refused and contacted my insurance company. My car was fully comp, but the trailer was 3rd party, howver they insisted I use the “protection juridique” and eventually they sent an expert to investigate the remains.
He laid it out on the ground and photographed every single part of it and then wrote a 29 page report with illustrations coming to the conclusion that the fault was 100% with the makers.
They resisted and even set lawyers onto me but I remained firm pointing out that if it came to court they would have to pay their own costs as well as the expert’s costs to fly to England and also an interpreter because he could not speak English.
It took a year but they finally caved in and sent me a cheque for £1,500, which was the replacement cost of a French trailer to remount the body on, the hire cost of the recovery trailer I used plus all my diesel and peages in doing so.
So, Protection Juridique is definitely your friend and was entirely free. This was from Aviva, such a pity that some years later they spoilt themselves by refusing to insure my lovely gentle Rottweiiler for 3rd party damage.
