Chapter 2 Conflicting Interests The Consumer

Disagreement or dispute over some issue. Conflicts are bad for the image of
a company. Can be resolved with or without the law.


The Sale of Goods and Supply of Services Act 80

Sets Out:

Rights of the Consumer
Responsibilities of Retailers
Redress / Remedies

Consumers Rights

Goods for sale should be:
1. Of merchantable quality.
2. Fit for purpose intended.
3. As described.
4. Confirm to sample.

Retailer cannot limit his liability i.e. signs
Retailer responsible for repairing defects.
A credit note has no basis in law, but can be used if the consumer
agrees.
Hire purchase goods follow the above, except the consumer can claim
against the retailer or the hire purchase firm.
Prohibits demands for payment of un-solicited goods (Inertia Selling)

Guarantee Must:

1. Manufactures guarantee cannot exclude or limit the customers
rights.
2. Clearly legible and refer to specific goods.
3. State clearly name and address of person offering guarantee.
4. Period of guarantee
5. What the retailer of manufacture will do.



Unsolicited Goods
If you receive goods which you did not order (i.e. a free cd in Sunday
newspaper) you cannot be asked to pay for the good.


Hire Purchase
Goods which are bought under Hire Purchase are covered by this law.


Rented Goods:

1. If rented goods are faulty:
2. Demand a refund
3. Cancel the agreement
4. Claim compensation


Redress

3 Rs Refund, Repair, Replacement.
Credit Note



Consumer Information Act 1978


Protects Consumers against any false or misleading information or
advertisements.

Offence to apply a false or misleading trade description to goods.
Offence to posses for sale goods to which a false or misleading
description has been added.
Offence to give false or misleading info regarding the price
Offence to publish any advertisement which is likely to mislead the
public.
Establish the office of National Consumer Agency / Director of
Consumer Affairs







National Consumer Agency (Director of Consumers Affairs)

Functions:

Promote high standards
Investigate unfair trading practices
Request the alteration of an advert
Request the cessation of an advert
Investigate complaints
Prosecute offenders
Monitor the act
Monitor EU directives
Ban or recall unsafe products.




Resolving Disputes


Non-Legislative Resolutions

Personal Approach Complaint.

Third Parties
Director of Consumer Affairs.
Trade associations.
Consumers Association of Ireland.


Ombudsman Services

A person whose role it is to investigate complaints of unfair
treatment by various organisations, where the organisation has not
resolved the dispute satisfactorily.

The Financial Services Ombudsman
Ombudsman for Government Departments

Legislative Resolutions


Small Claims Court

Customers can take the complaint to the District Courts or On-Line. Fee
15, maximum compensation 2,000. No solicitors involved.


Solicitor

For cases which involve more that 2,000 compensation. Very expensive to
hire a solicitor and cases can take a long time to resolve.




Caveat Emptor Buyer Beware
Consumers should:

Research products available before purchase
Compare prices and quality
Read all literature
Ask relevant questions