means that consumers should act
reasonably and sensibly when making
purchasing decisions and examine goods
carefully before they buy them
if you don't take reasonable
steps to ensure goods are free
from damage, your entitlement
may be affected later on
What is a valid complaint?
faulty or damaged goods
goods that are not as described
goods that do not perform the
task they are designed to do
What is a non valid complaint?
shop soiled goods where the defect
was pointed out at the point of sale
consumer changing their mind about a product
consumer causing the damage to a product
consumer buys a product without checking its
suitability, e.g, buying a black instead of navy jacket,
item too small or not matching existing products ~
jackets and trousers
Making an effective complaint
do not attempt to repair the item
yourself~ this may affect your rights
contact the seller as
soon as possible when
you notice the fault
ask to speak to someone in
authority who can deal with
your complaint
explain the problem and how
you would like it resolved
consider any resolution put
forward by the seller reasonably
make sure that you have proof of
purchase, e.g, receipt, invoice,
cheque stub, credit card receipt
keep a record of all contact with
the seller in case you have to go
to the Smalls Claims Court
Third Parties
if you don't get a satisfactory
resolution when you complain
to the retailer you can contact
a third party~ someone who
will try to act on your behalf
or give you information to
reach a settlement with the
shop
Examples of third parties
Industry regulators, e.g,
ComReg for telecoms
issues, Aviation
Regulator (CAR) for
airline problems
Ombudsman, e.g, in
disputes for goods or
services in relation to local
authorities
Trade associations, e.g,
ITAA for travel agents,
SIMI for motor dealers
Small Claims Court
if you still haven't reached a satisfactory
resolution to your complaint, you can go
to the Smalls Claims Court
this provides an inexpensive and easy way for consumers
to resolve disputes without the need of a solicitor
Small Claims service is provided in your local District
office, or you can apply through Courts.ie
the charge is fifteen euro and the claim cannot exceed 2,000
Paying Deposits
a deposit is a payment made to a supplier of a product or
service by a consumer indicating an intention to buy it
paying a deposit creates a contract. if you then
change your mind about buying the product
if the seller goes out of business (liquidation,
receivership, etc,) you can make a claim to the
liquidator/receiver for a refund of your deposit
however, you will be considered an unsecured creditor and are unlikely to get
your money back
gift vouchers
gift vouchers should be treated as cash, i.e.
if you lose the gift voucher, the retailer has
no obligation to reimburse you
some gift vouchers have an
expiry date
consumers have very few rights if the
company goes out of business, as they
become creditors to the business and will
only receive a fraction of what the
voucher was worth, if anything
Receipts
retailers have no legal obligation to provide a receipt
however, receipts are considered proof of
purchase, so consumers should also ask for one
handwritten receipts can be accepted if till receipt is unavailable
proof of purchase doesn't have to be the shop receipt
(e.g. shopper could show a credit statement