Conflict Between Consumers & Retailers

Question 1

Non legislative methods of right resolving consumer conflict

Answer 1

1. Meet with the retailer
2. Letter of Complaint
3. Enlist help from a Third Party

Question 2

Meet with the Retailer

Answer 2

As soon as the problem arises, the consumer should arrange to meet with the manager and explain the problem clearly. The consumer should also ensure they have proof of purchase, a receipt, understand their legal rights, be firm but polite and explain how they would like the problem to be resolved

Question 3

Letter of Complaint

Answer 3

If meeting with the retailer is unsatisfactory, the consumer could write a formal letter of complaint or an email.

Question 4

Sale of goods and supply of services act 1980

Answer 4

1. Legal rights of consumers
2. Legal responsibilities of retailers to consumers
3. The kinds of legal redress available

Question 5

What is merchantable quality?

Answer 5

Goods must be of reasonable standard and quality considering what they are supposed to do in relation to their durability and their price. Example: the sole should nor detach from a new pair of €120 runners within a month. If the runners cost €40, a lower quality can be expected.

Question 6

What is fit for purpose?

Answer 6

Goods must do what they’re sold as being able to do and what they were designed for, i.e. what the consumer expects. Example: a waterproof jacket must keep rain out.

Question 7

Goods must be sold as described (by brochure or salesperson) or be the same as the sample

Answer 7

The goods delivered must match the sample or description once the packaging is removed. Example: a smartphone sold as rose gold in colour must not be another colour inside the packaging.

Question 8

Services

Answer 8

Services but be provided:
by a qualified person
with due care and attention
using materials of merchantable quality
A service provider must be qualified to perform that service. He/She must have the competence and skills needed. The service must be performed carefully, and any materials used must be of merchantable quality

Question 9

Legal ownership and quiet possesion

Answer 9

The seller must have the legal right to sell goods. “Quiet possession” means that the consumer is able to use their new goods without interference. Example: someone should approach the consumer claiming that the goods were stolen from them.

Question 10

The retailer has responsibility

Answer 10

When a consumer buys goods from a retailer, a contract exists between the consumer and that retailer. If the consumer’s purchase turns out to be faulty, the retailer (not the manufacturer) is responsible. Example: a new washing machine leaks water on the floor when it is used it is not so fit for purpose. It is the responsibility of the retailer to solve the problem.

Question 11

Unsolicited goods/inertia selling

Answer 11

It is illegal to demand payment for goods that were not ordered (unsolicited). The consumer has the right:
* To keep the goods withour payment after 30 days if they have informed the seller in writing where they can be collected
* To keep the goods after 6 months if they have not obstucted the collection

Question 12

Guarantees

Answer 12

These are free additional protections offered to the consumer by the manufacturer. A guarantee does not limit the consumers rights. It must clearly show:
* What goods are covered
* The time frame covered
* The procedure for making a claim

Question 13

Signs limiting consumer rights

Answer 13

Consumer rights under this act cannot be taken away or limited. Signs suggesting otherwise such as “credit notes only” or “no refunds” are illegal - unless they include a statement such as “this does not affect your statutory rights”.

Question 14

Redress available/remedies

Answer 14

The form of redress is dependent on how serious the fault is, when it occured and how soon after the purchase the complaint was made. If the complaint is valid, the consumer is entitled to one of the 3R’s - refund, repair, replacement.

Question 15

Refund

Answer 15

If a consumer purchases faulty goods and makes a complaint promptly, then they are entitled to a full cash refund. If the fault is a major one and is discovered soon after purchase a refund or a replacement should be given to the consumer, depending on which one the consumer wants. The faulty product must be replaced with a perfect product.

Question 16

Repair

Answer 16

When the consumer has used the product and/or when there is a delay between the purchase date and the actual complaint, or when the fault is of a minor nature, then the consumer may only be entitled to a partial refund or a repair free of charge. The retailer must get the fault fixed to the conumers satisfaction.

Question 17

Replacement

Answer 17

If the item cannot be repaired, then it may be replaced. Consumers rights are weakened when they delay making the complaint. Any remedy must be completed without significant inconvenience to the consumer

Question 18

Evaluation of the sale of goods and supply of services act 1980

Answer 18

In my opinion, this legislation helps to protect consumers by ensuring that the consumer gets a refund, repair or replacementif a good is faulty or a service is not of the required standard. Consumers are not misled by retailers using signs that reduce their responsibility to solve consumer complaints or limits consumers rights

Question 19

The consumer protection act 2007

Answer 19

protects the consumer from unfair business - to - consumer commercial practices through a variety of methods