Consumer Retailer Conflict Flashcards
Illustrated two forms of re-dress available to consumers for breach of the sale of goods and supply of services act 1980
OR
Outline remedies available to consumers for breaches of the act.
REFUND OR REPLACEMENT- if the good has a major fault or is not of merchantable quality and the consumer returns the good promptly then he or she is entitled to a full refund. They may accept a replacement if they so wish.
REPAIR/PARTIAL REFUND- if the good has a minor fault has been used or there is a gap between the purchase date and the return date the consumer is entitled to repair or partial refund. E.G. At table with a minor scratch is repaired to the buyer satisfaction.
Evaluate the rights/provisions afforded to consumers under the sale of goods and supply of services act 1980
(50 marks)
MERCHANTABLE QUALITY- goods should be of a reasonable quality taking into consideration the price paid. E.g. At €50 pen has a higher degree of merchantable quality then A 50 Cent pen.
FIT FOR PURPOSE- good is should be able to form perform their normal task. E.G. A rain jacket should keep out the rain.
AS DESCRIBED-any verbal or written description of a good must match that good exactly. E.G. An item purchased from a catalogue.
CORRESPOND TO SAMPLE- if A good is sold by sample all subsequent units of the good should be of the same quality. E.g. All meals provided by a catering company should be the same as the original sample.
SUPPLIERS OF SERVICES- These must be fully qualified and take due care and attention when providing a service. All materials used must be of merchantAble quality. E.G. A mechanic who is carrying out a full service on a car must change the oil.
GUARANTEES- A retailer cannot limit their liability by means of a guarantee as this acts as an addition to your normal legal right. A consumer can get their faulty good repaired by their manufacture our seek a remedy from the retailer.
THIRD PARTIES- third parties such as higher purchase companies can be jointly and sever allay sued. This means their consumer can sue their retailer who sold them the good are there higher purchase company that provided the finance.
SIGNS- Signs such as ‘no refunds’ ‘credit notes only’ ‘exchange only’ are illegal. Retailers are unable to limit their liability by the use of such signs.
UNSOLICITED GOODS- consumer is entitled to keep unsolicited goods in 2 instances firstly six months has elapsed and the consumer has not prevented the sender from collecting the goods secondly after 30 days if written notice noticed was sent stating the goods were not ordered and where they could be collected.
EVALUATION- it provides wide ranging protection to consumers in addition it promotes high standards amongst retailers.
