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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
The Consumer Rights Act 2022 introduced new rights when you buy in a shop. They only apply if you bought something in a shop on or after 29 November 2022.
You have slightly different rights if you bought on or before 28 November 2022 or bought something online. Before you buy, you have a legal right to the following information:
• The seller’s business name, address and phone number
• Product details (if not already clear)
• Total price, or how it will be calculated
• Length of the contract
• Any extra charges, for example, delivery or postal charge
• Your right to cancel, where it applies
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The information must be clear, understandable and given to you before you buy. Sellers must not make false claims that would influence your buying decisions.
A seller who makes a false or misleading claim about a product is committing an offence and can be prosecuted.
What you can expect from your product
When you buy a product, you make a contract with the seller. The seller must always provide products in line with the contract. Under consumer law all products you buy must meet certain conditions. The product must:
• Be fit for any purpose you brought to the seller’s attention
• Be fit for all purposes which it is normally used for
• Have the qualities and features of similar type products
• Fit the description, type, quantity and quality agreed in the sales contract
• Be durable and of expected quality for normal use
• Meet the quality of any sample or model you were shown
• Match any advertisement or labelling
• Have the necessary functionality, compatibility, interoperability and other agreed features
• Come with all accessories mentioned in the sales contract and with the correct instructions
• Have the spare parts covered in the contract
• Be installed correctly by the seller (if applicable)
• Have information on digital updates that support the product, if applicable. You can get updates once or continuously
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You have the same rights when you buy at full price, reduced price (for example, in a sale) or buy a second-hand good (if bought from a business).
What happens if things go wrong?
Under current consumer law you are entitled to certain remedies when something you buy does not meet the conditions outlined earlier. A remedy can be a:
• Repair
• Replacement
• Refund
• Price reduction
• Short term right to cancel
What are my rights if I change my mind and want to return something I don’t want?
You do not have an automatic right to a refund when returning something you bought in a shop because you have changed your mind.
If there is nothing wrong with the item (for example, there is no fault) you have no legal right to return the goods. Whether or not you can get your money back depends on the seller’s returns policy.
However, many 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. Check what the seller’s returns policy is before you buy.
If the seller accepts returns, you usually must:
• Make sure the items are in good condition
• Keep the original labels and tags attached
• Have proof of purchase (for example, a receipt)
What are the steps to make a consumer complaint?
You have rights if the seller does not meet their obligations to you. If things go wrong you should bring the product back to the seller with original packaging (if possible) and proof of purchase such as receipt, bank or credit card statement, or invoice.
You should explain what the problem is and how you want it corrected. If needed, follow up with a written formal complaint
You should always approach the seller first, to give them the chance to put things right. Always keep notes of what happened, including dates and times of conversations, the name of the person you spoke to, and what was agreed.
Keep previous correspondence (for example, email, web chat, and online contact form) safe as you may need this if you want to take your complaint further.
Try to sort the problem with the seller as quickly as possible. A delay could affect the outcome you get (for example you might only be entitled to a repair instead of a refund)
If the issue is still not resolved, you should put your complaint in writing (letter or email) stating all the facts of the case so far. You should include copies of any relevant documents that support your complaint.
Keep a copy of the complaint letter or email as you will need this if you decide to take your complaint further.
It is a good idea to send the letter by registered post or attach a read receipt to your email. This means you have proof that you sent the complaint and it was received by the seller.
What is the small claims procedure?
The small claims procedure (also known as the Small Claims Court) is a service which provides an inexpensive way for consumers and businesses to resolve disputes without employing a solicitor.
The service is provided by the local District Court offices. To use the service, the claim cannot exceed €2,000.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
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