Legal obligations of the merchant : Refund a gift
At Christmas, some purchases are made quickly and it is often necessary to <! – more -> get a refund or exchange for a gift. Here are your rights regarding purchases and refunds of gifts.
SHOULD THE MERCHANT REFUND OR EXCHANGE THE GIFT OR PRODUCT?
NO , the merchant is not obligated to refund or replace the gift, unless the product is defective . However, most merchants have a refund or exchange policy and merchants must follow it since this policy is part of your contract with them. In addition, the product must have the qualities that have been described by the trader. Although these statements are often made verbally and are therefore difficult to prove, it may be implied that a product has certain functionality. Don’t hesitate to ask for your due!Practical tip: ask the merchant to specify the return conditions when purchasing the gift. Have him write these conditions on the invoice and keep the invoice! If the merchant does not respect what has been promised to you, then you can send him a update remains .
SHOULD THE MERCHANT REFUND YOU FOR A DEFECTIVE PRODUCT?
YES , when you make the purchase, the Law protects you and gives you a so-called “legal” guarantee.
IS THE LEGAL WARRANTY ONLY ONE YEAR?
NO , the law guarantees that the good should have a “reasonable” lifespan. So if a good is defective, regardless of whether the merchant has a limited warranty policy, you are entitled to a refund if the life of the product has not been reasonable. Be careful, here it is the law of common sense that applies and in the event of a dispute a judge will decide.
THE GOOD CANNOT BE REPAIRED, AM I ENTITLED TO A NEW PRODUCT?
YES , if a defective good cannot be repaired, it must at least be replaced. If this is not possible, the merchant will have to give you a refund.
SHOULD I GIVE MY PERSONAL INFORMATION TO THE MERCHANT?
NO , you do not have to give your address, email or other information. This cannot be a reason for not replacing a product or even a reason why the merchant does not respect his commitments. Please note: the merchant may decide to extend his limited warranty commitment in return for your personal information. For example, the merchant may offer you an additional year of warranty in return for your email address.
I RESERVED A PROPERTY BY PAYING PART OF THE PRICE, CAN I GET A REFUND?
NO , according to the Loi, a contract has been made between the parties and you must therefore abide by the terms of the contract. If that was the product’s reservation price and you don’t want it anymore, it’s the deposit price you’re going to lose. Some merchants may refund you, but this will be of their own accord.
CAN GIFT CARDS EXPIRE?
NO , in principle the law requires that due dates have no effect. Additionally, if there is less than $ 5 on a card, the customer can request a cash refund.Either way, if your rights are not being respected, the first step is to talk to the seller. If the latter does not cooperate, you can send him a formal notice in order to formalize your steps to apply your rights.
