Consumer Conflict Flashcards
What principle should consumers use when purchasing goods?
CONSUMERS SHOULD USE THE PRINCIPLE OF CAVEAT EMPTOR WHEN PURCHASING GOODS AND SERVICES.
In English means ‘let the buyer beware’
What are the OPTIONS FOR SOLVING CONSUMER CONFLICT IN A NON-LEGISLATIVE WAY ?
Negotiation
Writing a letter of complaint
Assistance from a third party
What are the steps in negotiation if a consumer is unhappy with a good or service?
- RETURN TO THE RETAILER WITH THEIR PROOF OF PURCHASE,
E.G. A RECEIPT OR BANK STATEMENT
-ASK TO SPEAK TO A MANAGER AND STATE CLEARLY THE PROBLEM WITH THEIR PURCHASE
-TELL THE RETAILER HOW THEY WOULD LIKE THE PROBLEM TO BE RESOLVED.
When would a consumer write a formal letter of complaint?
IF A CONSUMER IS UNABLE TO SPEAK TO OR VISIT A RETAILER, IT WOULD BE ADVISABLE TO SEND A FORMAL LETTER OF COMPLAINT.
What are the steps in a formal letter of complaint if a consumer is unhappy with a good or service?
OUTLINE THE PROBLEM WITH THE GOOD OR SERVICE
EXPLAIN HOW THEY WOULD LIKE THIS ISSUE TO BE RESOLVED
INCLUDE COPIES OF ANY PROOF OF PURCHASE.
When would a consumer SEEK ASSISTANCE FROM A THIRD PARTY?
IF NEGOTIATION IS NOT SUCCESSFUL, THE CONSUMER CAN SEEK ASSISTANCE FROM A THIRD PARTY TO HELP RESOLVE THEIR PROBLEM WITH THE RETAILER.
What are the organisations that provide third party help to consumers in Ireland?
ORGANISATIONS THAT HELP CONSUMERS INCLUDE:
CONSUMERS’ ASSOCIATION OF IRELAND (CAI)
EUROPEAN CONSUMER CENTRE IRELAND (ECC IRELAND).
What are the provisions of good according to SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980?
- Goods must be of merchantable quality
-Goods must conform to sample
-Goods must fir the purpose
-Goods must be as described
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods must be fit for purpose?
It means that goods should do what they are meant to do and designed for
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods must be of merchantable quality?
THE goods SHOULD BE OF REASONABLE QUALITY TAKING INTO ACCOUNT WHAT THEY ARE SUPPOSED TO DO, THEIR DURABILITY AND THEIR PRICE.
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods must conform to a sample?
THE PRODUCT PURCHASED BY THE CONSUMER SHOULD MATCH any SAMPLE SHOWN BY A SELLER.
eg a car in a car dealership should match the one the person has been shown and selected when they buy it
A carpet should be the same as the one shown and selected in the shop from a sample book
What does the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 mean by goods muse be as described?
The goods must match any description used by advertising shown on the label or given by a sales person. It cannot be misleading.
eg a toy should match description on any packaging, newspapers and brochures
What are the provisions for services under the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 ?
- The service provider must be QUALIFIED AND HAS THE SKILLS NEEDED.
- Must PROVIDE THE SERVICE WITH PROPER CARE AND DILIGENCE.
- MUST USE MATERIALS THAT ARE SOUND AND FIT FOR THE PURPOSE
- MUST USE GOODS AS PART OF THE SERVICE THAT ARE OF MERCHANTABLE QUALITY.
What is meant by The service provider must be QUALIFIED AND HAS THE SKILLS NEEDED?
It means they must have all the qualifications necessary to provide the service
eg an accountant should be qualified in order to provide proper tax returns for a business
What is meant by a servicer provider Must PROVIDE THE SERVICE WITH PROPER CARE AND DILIGENCE?
the person providing the service should not rush and make sure all parts of the service are carried out carefully and fully
What is meant by the service provider MUST USE GOODS AS PART OF THE SERVICE THAT ARE OF MERCHANTABLE QUALITY and are sound and fir for purpose?
The tools or equipment used when providing a service or any goods that a consumer receives when paying for a service should be reasonable given the price paid for them.
UNDER THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980, WHAT ARE THREE SOLUTIONS FOR BREACHES OF THE ACT 1980?
-Repair
-Replacement
-refund
WHat is a cooling off period?
YOU HAVE THE RIGHT TO A COOLING-OFF PERIOD OF 14 DAYS IF YOU BUY SOMETHING FROM A DISTANCE,
eg
* ONLINE (WEB SHOP OR ONLINE SELLING PLATFORM
* TELEPHONE * DOOR-TO-DOOR SELLING WITH A VALUE OF €50 OR MORE
* STREET TRADE WITH A VALUE OF €50 OR MORE
How long off a cooling off period do you have for doorstop sales?
FOR DOORSTEP SALES, YOU HAVE 30 DAYS FROM WHEN THE CONTRACT WAS AGREED TO CANCEL.
What is the responsibility of the retailer under the GOODS AND SUPPLY OF SERVICES act 1980?
THE CONSUMER HAS A CONTRACT WITH THE RETAILER WHEN THEY BUY GOODS AND SERVICES.
IF THERE IS A PROBLEM WITH THE GOOD OR SERVICE PURCHASED, THE SELLER is responsible and MUST RESOLVE THE ISSUE.
What are signs limiting consumer rights?
-Illegal for shops to display SIGNS SUCH AS ‘CREDIT NOTES ONLY’, ‘NO CASH REFUNDS’, ‘NO EXCHANGE’ UNDER THE SALE OF GOODS & SUPPLY OF SERVICES ACT as they suggest customers have fewer rights in certain situations.
A shop can’t say ‘No refunds on sale items’ as the consumer has the right to a full redress in the case of a faulty item.
WHEN IS CONSUMER COMPLAINTS NOT JUSTIFIED?
-WHEN THE FAULTS ARE DUE TO MISUSE OR ABUSE OF THE GOODS.
-IF THE FAULT WAS BROUGHT TO THE CONSUMERS ATTENTION PRIOR TO PURCHASE.
Under the sales act 1980 what should a person do with unsolicited goods?
-IT IS ILLEGAL TO DEMAND PAYMENT FOR UNSOLICITED GOODS.
-THEY HAVE A RIGHT TO KEEP THM AFTER 6 MONTHS IF NO ATTEMPT HAS BEEN MADE BY THE SELLER TO COLLECT THEM.
-THEY SHOULD REMIAN UNOPENED IN THE MEANTIME.
WHAT IS A GUARENTEE UNDER THE GOODS AND SUPPLY OF SERVICES act 1980?
A guarantee states that the manufacturer will repair or replace a faulty item within a certain period of time after it has been purchased.
They are additional protection given to the consumer often as an additional selling point and is the customers choice on whether to us them in the case of a faulty good. THE GUARANTEE MUST CLEARLY SHOW WHAT GOODS ARE COVERED, THE TIME FRAME INVOLVED AND THE PROCEDURE FOR MAKING CLAIMS and CANNOT LIMIT THE CONSUMER’S RIGHTS UNDER CONSUMER LAW.
