Consumer
Rights
Braving the shops during the January sales is stressful! So when
something goes wrong, it helps to know your consumer rights, both in-store and
online.
Where do my rights come from?
Consumer rights are protected under Irish and EU
legislation, in particular, the Sale of Goods and Supply of Services Act, 1980.
Under the 1980 Act, consumers are afforded a number of
rights to help protect them. In part this is due to the recognition that
consumers are generally the more vulnerable party in a transaction. In order to
be considered a consumer and invoke your rights under the Act, there are a few
conditions that must be satisfied:
- you must have paid for the goods;
- they must be for private use only and;
- you must have purchased goods from a business/retailer.
What are my rights?
Goods
As a consumer, when you purchase an item, you are entering
into contract with the seller. Consumer contracts are protected under the 1980
Act and the consumer is entitled to expect that:
- the goods are of merchantable quality – taking into account their purpose and price;
- the goods are fit for purpose – they must do what they are meant to do and;
- the goods must be as described – no misleading description or advertisement may be used by the seller.
Services
Similarly, a contract is also formed when you engage a
supplier for services. In the case of services, you are entitled to expect
that:
- the supplier is skilled and/or qualified to provide the particular service;
- the service is provided with proper care and attention and;
- any materials used are fit for their purpose.
Online Purchases
When making purchases online, you may think you have less
protection. In fact, you actually have greater protection. Purchases made from
a retailer in the European Union are regulated under the provisions of the EU
Consumer Rights Directive. This incorporates all shopping that isn’t done
face-to-face, i.e. on the internet, over the phone, from a mail-order catalogue
etc. You are entitled to expect that:
- as mentioned previously, the item is of merchantable quality, fit for purpose and is as described;
- you receive clear and accurate information about the product/service and shipping cost and times before you buy;
- you actually do receive the item;
- unlike shopping in store, you always have the right to return an item if you simply change your mind. There is a 14-day cooling off period for all goods and services in situations where the contract is not concluded face-to-face.
What can you do to enforce your consumer rights?
Refund, Repair or
Replacement
If an item purchased by you does not meet any of the above
requirements, you are entitled to a refund, a repair or a replacement. As a
rule, you must return to the retailer and inform them of the fault, so as to
give them an opportunity to put things right. Whilst the retailer must offer
you a refund, repair or replacement, you cannot choose which form of redress
you prefer. Keep in mind that you are not entitled to anything if you:
- broke or damaged the item yourself;
- made a mistake when buying the item or mistook it for something else;
- used the goods for something other than what it was intended for;
- simply changed your mind;
- bought the item in full knowledge that it had some sort of fault or defect.
Small Claims Court
If the retailer refuses to offer a refund, repair or
replacement, or if you are unhappy with any remedy offered by the retailer, you
may lodge an application with the Small Claims Court. There is an application
fee of €25 and you may make a claim of up to €2,000.
Common Misconceptions
I am not entitled to
a refund/repair/replacement if the shop has signs in-store stating “no
returns”.
A sign like this in-store has no bearing on your right to
return an item if it is faulty, not as described or not fit for purpose; your
consumer rights still apply in these circumstances.
I am always entitled
to a refund if I change my mind, as long as I have the receipt.
Unfortunately, there is no legal requirement for retailers
to refund an item if you simply change your mind. Many do, but this is done
purely as a gesture of goodwill and in the interest of customer service.
A retailer can state
that the usual consumer rights don’t apply (“no returns”) in relation to
purchases of “sale” items.
Your consumer rights always apply, no matter how heavily
discounted an item may be. A retailer can, however, change their refund policy
on “change of mind” returns during a sale.
If a shop mistakenly
advertises an item at a lower price, I am entitled to purchase the
product/service at that price.
No, you are not. An advertisement or price-tag (in-store and
online) is considered an “invitation to treat”; that is, the retailer is
inviting you to offer them a certain price for an item. An offer is made by the
consumer when the item is brought to the till and the offer may or may not be
accepted by the retailer at that point. A contract is only formed once the
transaction has been completed.
Shops must routinely
provide receipts for every transaction.
It is not actually a requirement for retailers to
automatically provide receipts. However, they are obliged to provide one if a
customer requests one.
I must have proof of
purchase in order to seek redress having bought a faulty item.
The 1980 Act supersedes any need for proof of purchase. If a
retailer does not fulfill its statutory obligations (“satisfactory quality”, “as
described” or “fit for purpose”), you are entitled to a refund, repair or replacement,
whether you have a receipt or not.
Emma Harty
GCD FLAC
Further Information Links/Sources
