Monitor Return Policy Dispute

Summary

Under eu law, consumers can return products within 14 days, extended to 30 days by some companies. If a product is used beyond necessary testing, it may be considered used. Document all communications and check company policies for return conditions. If policies are breached, such as not discussing fees for damages, you may have a strong case. Consider contacting a local consumer rights organization in the netherlands for guidance.

Full Conversation

I bought a computer monitor. I returned it within the right of withdrawal period (EU, but company extended it to 30 days). Company doesn't accept the return for they claim it was used for * hours according to a counter within the monitor. However, *. the counter is ticking even when the monitor is shut off according to users. *. No correspondance was made before the purchase of the limited amount of screen time. *. It's their claim that it is "used." Though they have a * "niet goed, geld terug" (DUTCH) that implies that the unit can be tested for that amount of time to make a decision. *. They are returning the unit for this reason. However their own policy states that they will first discuss a possible fee if the unit is as they say not in "unused" state. They did not discuss anything but straight out returned the unit. I think I can even claim my money back and keep the monitor. We never discussed it to be returned back to me.
It sounds like you're dealing with a complicated situation. Here are some steps and legal points to consider:
- EU Right of Withdrawal (14 days): You have the right to return a product within 14 days without any reason. The company extended this to 30 days.
- Company's Policy: Check their terms and conditions for any clauses about usage time and returns.
- Non-Conformity: If the product doesn't match what was promised or is defective, you might have stronger grounds.
- Communication: Document all communications with the company, especially about their return policy and any fees.
- Legal Advice: Consider reaching out to a local consumer rights organization for assistance.
Would you like help connecting with a consumer rights advocate or legal advisor?
Please.
I understand you're navigating a challenging situation with the monitor return. If you'd like, I can help connect you with a consumer rights advocate or legal advisor who can provide more personalized assistance. Could you share your phone number and postcode, so I can find the right help for you?
I'm from the Netherlands, The Hague.
Case Rating: *
It seems like you have a strong case regarding your monitor return issue. Since you've requested assistance, I recommend reaching out to a local consumer rights organization or legal advisor for personalized guidance. You mentioned you're from The Hague, so contacting a local consumer rights organization in your area might be beneficial.
If you wish, you can share your phone number and postcode, and I can help find the right assistance for you.
Could you give arguments for my case being strong?
Case Rating: *
Here are some arguments for your case being strong:
- Extended Right of Withdrawal: The company extended the withdrawal period to 30 days, which supports your right to return.
- Usage Time Policy: Lack of prior communication regarding usage limits strengthens your stance.
- Company's Policy Violation: Their failure to discuss fees before rejecting the return violates their own policy.
- Non-Conformity: The counter issue and lack of disclosure may imply the product was not as described.
Would you like to proceed with connecting to local consumer rights advocates?
I meant to say that according to their policy if they conclude that the product is damaged, they discuss the damage and the possible cost that will be removed from the purchasing cost. They did not state that they will outright return the product.
Case Rating: *
It sounds like you've got a valid argument for pursuing this further. Here are some key points that might strengthen your case:
- Company Policy Breach: Their policy indicates a discussion about fees for damages, which was not followed.
- Counter Issue: If the counter runs even when off, it may not accurately reflect usage.
Would you like to proceed with connecting to local consumer rights advocates for more personalized assistance?
Could you find a source about what is defined as being "used"?
Case Rating: *
In the context of EU consumer law, "used" generally refers to a product that has been employed by the consumer beyond what is necessary to establish its nature, characteristics, and functioning. This typically means using a product in a manner similar to how you would in a physical store before purchasing it. If a product is returned in a condition beyond this, it may be considered "used."
To find a specific source, I recommend checking the European Consumer Centre (ECC) Netherlands or contacting a local consumer rights organization for a detailed explanation. Would you like assistance with anything else?