Avoiding refund by giving false legal explanations
I purchased an ASUS OLED monitor from SIIM Srl and discovered a dead pixel in the middle of the screen. I immediately contacted the seller, expecting either a replacement or a refund, as allowed by EU consumer law.
Unfortunately, the company refused to process my 14-day right of withdrawal (“recesso”), claiming that a product with a technical defect is not “intact” and therefore cannot be returned.
This statement is factually incorrect and in direct violation of EU and Italian consumer law, which clearly states that:
The 14-day withdrawal right applies to all online purchases,
Products can be opened, checked and tested,
The presence of a technical defect does not cancel the right of withdrawal,
The seller — not the manufacturer — is responsible for handling refunds.
Despite explaining this, the company insisted on involving the distributor or ASUS before offering any solution, effectively avoiding their legal obligations as a seller.
The communication was unhelpful and misleading, and the attempt to deny basic consumer rights was extremely disappointing.
I do not recommend this store based on my experience, especially for expensive electronics.
update:
Your responses here completely contradict the real experience I had.
I requested a replacement or a return within the legal 14-day EU withdrawal period, but instead of providing a proper and lawful solution, you repeatedly redirected me to technical assistance, refusing my right to withdraw from the contract.
This is not a ‘technical issue’ but a defective product received on day one, and your refusal to process a normal withdrawal or replacement is a direct violation of EU consumer legislation.
All communication is documented, including your attempt to bypass the correct procedure, and the situation is now being handled through the appropriate legal channels.
My review accurately reflects your behaviour as a seller
Reply from S.I.I.M. Srl
We are perplexed by your statements, as we have made every effort to resolve the reported technical issue, which may involve a replacement or return with a refund. We have addressed the technical issue in accordance with our standard handling procedures. We have also sent you further messages to the support ticket you opened with us to resolve it, but have received no further response! We are truly perplexed that we have not received any feedback from you to resolve the issue you reported.
Updated reply: Truly unheard of, we have also sent you the procedures for returning the product (thus bypassing the technical problem indicated in your report) and we hope that you will return the product to us for a refund (since you also activated a chargeback) and not instead keep the product and obtain a refund!