Common consumer problems..

Caveat Emptor
1. Latin phrase which means "Let The Buyer Beware"
2. means that consumers should act reasonably and sensibly when making purchasing decisions and examine goods carefully before they buy them
3. 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?
1. faulty or damaged goods
2. goods that are not as described
3. goods that do not perform the task they are designed to do
What is a non valid complaint?
1. shop soiled goods where the defect was pointed out at the point of sale
2. consumer changing their mind about a product
3. consumer causing the damage to a product
4. 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
1. do not attempt to repair the item yourself~ this may affect your rights
2. contact the seller as soon as possible when you notice the fault
3. ask to speak to someone in authority who can deal with your complaint
4. explain the problem and how you would like it resolved
5. consider any resolution put forward by the seller reasonably
6. make sure that you have proof of purchase, e.g, receipt, invoice, cheque stub, credit card receipt
7. keep a record of all contact with the seller in case you have to go to the Smalls Claims Court
Third Parties
1. 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
2. Examples of third parties
  1. Industry regulators, e.g, ComReg for telecoms issues, Aviation Regulator (CAR) for airline problems
  2. Ombudsman, e.g, in disputes for goods or services in relation to local authorities
  3. Trade associations, e.g, ITAA for travel agents, SIMI for motor dealers
Small Claims Court
1. if you still haven't reached a satisfactory resolution to your complaint, you can go to the Smalls Claims Court
2. this provides an inexpensive and easy way for consumers to resolve disputes without the need of a solicitor
3. Small Claims service is provided in your local District office, or you can apply through Courts.ie
4. the charge is fifteen euro and the claim cannot exceed 2,000
Paying Deposits
1. a deposit is a payment made to a supplier of a product or service by a consumer indicating an intention to buy it
2. paying a deposit creates a contract. if you then change your mind about buying the product
3. 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
4. however, you will be considered an unsecured creditor and are unlikely to get your money back
gift vouchers
1. gift vouchers should be treated as cash, i.e. if you lose the gift voucher, the retailer has no obligation to reimburse you
2. some gift vouchers have an expiry date
3. 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
1. retailers have no legal obligation to provide a receipt
2. however, receipts are considered proof of purchase, so consumers should also ask for one
3. handwritten receipts can be accepted if till receipt is unavailable
4. proof of purchase doesn't have to be the shop receipt (e.g. shopper could show a credit statement

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Common consumer problems..

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	Created by Lauren Mcguane over 7 years ago