At some stage of your life, chances are that you’re going to encounter a problem with a product or service so it’s important to know your rights.
From the requisite grounds for a refund to what you can rightly expect from a tradesperson, a little knowledge goes a long way and could make getting what you want a lot easier, less frustrating and less time consuming.
Here are some of the basics.
What are my entitlements?
The Sale of Goods and Supply of Services Act 1980 is the corner stone of consumer legislation and outlines the basic rights held by a consumer, whether they are buying a product or availing of a service.
Once you enter into a transaction for a product, the goods must be of “merchantable quality”, which means they should be of reasonable quality taking into account what they are meant to do, their durability and their price. The good should also be fit for purpose and do what they are reasonably expected to do, as well as being as described. This means that the buyer should not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement.
One thing that a lot of people are not aware of if that they have the same rights when they buy goods in a sale as when they pay full price for an item. So while the retailer is entitled to deny a refund if you change your mind on the product, they have to abide by the above legislation if there is a problem with the goods.
If you have a contract with a supplier of services, then you are entitled to expect that the supplier has the necessary skill to provide the service, that the service will be provided with proper care and diligence and also that the materials used will be sound and of merchantable quality.
What if something goes wrong?
According to Citizen Information, the onus is on the seller to put things right when there is a problem with an item. The seller can either repair or replace the item or refund the costs of the item or service to the consumer.
If you are not satisfied with the quality of goods or services, you can return the goods to the supplier who sold it to you (rather than the manufacturer) and consumers are advised to act as soon as they can as a delay can indicate that you have accepted faulty goods or services.
Do not attempt to repair the item yourself or give it to anyone else to repair it as this can often void the warranty on products and make sure to keep proof of purchase such a receipt, credit card statement or invoice as this may be needed if an issue arises.
You have no grounds for redress if
- You were told about the defect before you bought the item (for example, if the goods were marked ‘shopsoiled’)
- You examined the item before you bought it and should have seen the defect
- You bought the item knowing that it wasn’t fit for what you wanted it to do
- You broke or damaged the product
- You made a mistake when buying the item (for example, if you bought an item of clothing thinking it was black when it is actually navy)
- You change your mind
Retailers are not obliged to give refunds or credit notes under the above circumstances even if you show proof of purchase.
What if the supplier will not co-operate?
The National Consumer Agency will advise you if you are having difficulty in availing of your consumer rights. While they will not intervene in the case, they can give direction on the best path to choose.
Alternatively, you can opt to take a case to the Small Claims Court. This service is provided in your local District Court office and be used by consumers to take a case against a business or by one company to take a case against another.
The amount of the claim cannot exceed €2,000.
Further information on the Small Claims Court is available here.
