Ch 5- Your Consumer Rights

Question 1

Merchantable quality

Answer 1

Goods sold to consumers must be reasonably durable and do what they are supposed to do, even if they are ‘sale’ items

Question 2

What is meant by fit for the purpose intended?

Answer 2

The goods must do what they are supposed to do

Question 3

Small Claims procedure

Answer 3

Provided by the courts service, it provides a fast, cheap and easy way for consumers to resolve disputes without employing a solicitor.

Question 4

What is CCPC? What does it stand for?

Answer 4

Competition and Consumer Protection Commission

The state agency responsible promoting fair competition and protecting the interests of customers eg. advising govt

Question 5

Financial Services Ombudsman

Answer 5

Specialises in resolving consumer complaints against banks, insurance companies, credit unions and other financial institutions

Question 6

Consumers’ association of Ireland

Answer 6

Private, non-profit organisation set up to protect and promote the interests of consumers
eg. runs consumer advise service

Question 7

What are the legal rights of consumers?

Answer 7

1. Goods must be of merchantable quality.
2. Goods must be fit for purpose intended
3. Goods sold must be as described
4. Services supplied must be carried out by a suitably qualified person who does the job properly and uses good quality materials

Question 8

What is the law that sets out the legal responsibilities of retailers selling goods and services

Answer 8

Sale of good and supply of services act 1980

Question 9

What are legal responsibilities of retailers?

Answer 9

1. Retailers are legally responsible for any defect in a product they sell (even if it the manufacturers fault)
2. Complaints must be dealt with by the seller even if the fault is caused by the manufacturer
3. Signs pretending to limit the retailers liability are illegal (e.g. The shop does not accept responsibility for any faulty goods sold)
4. A product guarantee or warranty cannot be used to restrict your consumer rights.

Question 10

When do consumer protection laws not apply?

Answer 10

⇒If you buy from someone who doesn’t have a proper business e.g. second-hand computer from a friend

⇒If you buy goods for business purposes as they have different laws

Question 11

What should you do if you purchase faulty goods?

Answer 11

1. Find the receipt - proof of purchase, without it you have no legal rights against retailer.
2. Contact retailer in person. Your claim becomes weaker the longer you delay. (If this doesn’t work go to the next step)
3. Put your complaint in writing (email or letter)
4. Use the Small Claims Procedure in the District court.

Question 12

How to write a letter or email of complaint

Answer 12

Details of product purchased - date and price

Specific nature of complaint - what is wrong with it

Remind the shop of its legal requirements under the sale of goods and supply of services act 1980

State the resolution you are seeking.

Enclose copies of receipts and other relevant documents but keep originals.

Question 13

What are the associations that can help a consumer?

Answer 13

-CCPC
-Financial Services Ombudsman
-Consumer’s Association Ireland
-Small Claims Procedure

Question 14

What is the Consumer Protection Act 2007?

Answer 14

1. The law prohibits goods being sold with a false trade description, e.g. second hand car sold as new
2. Prohibits false prices, i.e. if it is on sale it must be lower than the original price
3. Prohibits false or misleading advertising
4. Prohibits businesses engaging in aggressive practices, e.g. goods being delivered to you that you did not order