Brophy's Litigation Blog

Thursday, December 11, 2014

KNOW YOUR CONSUMER RIGHTS THIS CHRISTMAS!

A recent report published by IBEC’s retail division entitled Retail Ireland’s Christmas Monitor has noted that consumers are set to spend almost 4 billion euros over the festive period.

In light of this, it is important that consumers are aware of their rights and entitlements as they make their purchases over the holiday season.

Our general guidance is as follows: 

1. Sale of Goods Act:

Consumers need to be aware of their rights under the relevant consumer legislation.

Under the Sale of Goods Act, a consumer is entitled to a repair, replacement or refund if an item is faulty, not fit for its purpose or not as described.

If any of the above occurs, the seller must put things right.

However, you are not entitled to a refund if you simply change your mind. However, many shops operate a goodwill policy of accepting unused returns with receipts, within a stated time period.

2. Receipts:

It is important to keep receipts for items you have purchased as far as possible. If there is a problem with your purchase such as a faulty appliance or if it does not fit, it is easier to get redress if you have proof that you purchased the item in question at that outlet.

3. Gift Vouchers

Always check the expiry date on any gift vouchers you are given this Christmas as they will most likely not be accepted once this date has passed.

4. Safety

It is important to look out for the CE marking when buying toys and electrical items. The CE marking indicates a product’s compliance with EU legislation. 

5. Online shopping

Many people enjoy the convenience of online shopping but when shopping online, it is important to be aware of what terms and conditions apply.

When you enter into a distance contract with a trader, you have the right to expect the same consumer protection as you would have if you bought the goods in a local shop. The goods should be of merchantable quality, fit for the purpose intended and as described. 

The European Directive on consumer rights (Directive 2011/83/EU) (known as the Consumer Rights Directive) aims to ensure that consumers can expect the same minimum level of protection no matter where a trader is based in the European Union (EU). The Directive was incorporated into Irish law by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI No. 484/2013) with effect from 13 June 2014.

You are protected whether you purchase the goods in Ireland or another member state. If you buy from a website or a catalogue based outside the EU, any problems that arise may be more difficult to solve. Be sure to always check the terms and conditions carefully before following through with the purchase.

If you would like any further guidance or advice on your rights as a consumer in Ireland, we would be happy to assist.

Katie Nugent

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