Citizens Information
As the Christmas season approaches there will be a big increase in shopping as we rush around purchasing presents and household goods. The following are some common queries which consumers may have:
Q. What is my ‘right to redress’ if I purchase a faulty product?
If you have a problem with something you have bought (for example, it is faulty or does not meet the description given), it is always the seller who must put things right. As a general rule, the seller must offer a repair or replacement. Alternatively, they can give you a refund.
Q. What should I do if I am not satisfied with the quality of a product or service?
If you feel that a product is faulty or you are not happy with a service you should:
• Return the item to the seller (not the manufacturer)
• Act as soon as you can – a delay can indicate that you have accepted faulty products
• Don’t attempt to repair the item yourself or give it to anyone else to repair it
• Make sure you have proof of purchase, for example a receipt or credit card statement
• For services, keep all evidence of damage caused by poor work, for example take photos.
Q. Are there some situations where I cannot avail of a refund, repair or replacement?
You may have no grounds for redress if:
• You were informed about the defect before you bought the item - for example, the goods were marked ‘shop-soiled’ or the car dealer told you a part needed replacing on a second-hand vehicle
• The damage is caused by your own misuse or negligence – if the fault appears six months after it was received, you may have to prove that it was not caused by you
• You made a mistake when buying the item – for example, buying a black dress instead of navy or entering the wrong dates for a flight
• The fault is superficial and you examined the item before you bought it and should have seen the defect
Q. If I buy something in a shop but change my mind about it later, can I return the item to the shop and get a refund?
You are not automatically entitled to a refund when returning an item you bought in a shop because you have simply changed your mind. If there is nothing wrong with the item (for example, there isn’t a fault) then you have no legal right to return the goods. Whether or not you can get your money back will depend on the seller’s returns policy.
However, most sellers voluntarily allow customers to return or replace goods during a certain time period. The seller may offer a refund, exchange or credit note as a goodwill gesture. For this reason, you should check what the seller’s returns policy is before you buy.
If the seller accepts returns then there is usually an obligation that:
• You make sure the items are in good condition
• The original labels and tags are attached
• You can provide proof of purchase (for example, a receipt)d
Q. Is it different if I purchase a product on-line?
The Consumer Rights Directive 2011/83/EU (CRD), gives you extra rights when you buy on line from sellers based in Ireland and other EU countries. Under the CRD, you have 14 calendar days to change your mind without having to give a reason. This right to cancel is also known as the ‘cooling-off period’. These rights do not apply to deals where you buy from a private individual or if you buy from a trader based outside the EU.
Know Your Rights Column has been prepared by Fermoy, Mallow and Mitchelstown Citizens Information Service.
We are here to support you in North Cork.
To speak with an Information Officer you can contact our offices during the following office hours:
Fermoy Monday & Tuesday 9:00-17:00, Wednesday & Thursdayd 9:00-13:00 on 0818 07 7970.
E-mail fermoy@citinfo.ie Mallow Monday, Tuesday, Wednesday, Thursday & Friday 9:00-17:00 on 0818 07 8000. E-mail mallow@citinfo.ie
Mitchelstown phone line is currently diverted to Mallow.