unit 1 consumer conflict Flashcards
sale of goods and supply of services act 1980 - provisions for goods - goods must be of merchantable quality
goods must be of a reasonable standard in regards to their quality and durability given the price paid for them
eg a €200 pair of runner worn day to day would be expected to last longer than a €25 pair
sale of goods and supply of services act 1980 - provisions for goods - goods must conform to a sample
goods should match any sample used to sell the good from a book of samples or showroom or image
eg a consumer choosing a curtain from a book of samples should get the exact curtain chosen
sale of goods and supply of services act 1980 - provisions for goods - goods must be fit for their purpose
goods should do what they are intended to do
eg a kettle should be able to boil water safely
sale of goods and supply of services act 1980 - provisions for goods - goods must be as described
goods should match any description used in advertising, shown on the label, or given by the salesperson
sale of goods and supply of services act 1980 - provisions for services - the supplier has the necessary skill to provide the service
the service provider should have any qualifications necessary or completed courses be qualified to provide the service
eg an accountant should be qualified so that they can properly sort tax returns for a business
sale of goods and supply of services act 1980 - provisions for goods - the service will be provided with proper care and diligence
the person providing the service should not be rushed and make sure all parts of the service are carried out fully
eg a barber shouldn’t rush a haircut as it would be dangerous or not of good standard
sale of goods and supply of services act 1980 - provisions for goods - the materials used will be sound and the goods supplied with the service will be of merchantable quality
the tools or equipment used providing a service or any goods that a consumer also receives when paying for a service should be reasonable/ durable given the price price spent on the service
eg if a photo is included with a €10 roller-coaster ride, the resolution of the photo and quality of the print should be of reasonable quality
sale of goods and supply of services act 1980- guarantees
guarantees are seen as additional protection given to the consumer and they cannot limit the consumers rights under consumer law. it must state what is covered and the time frame. the consumer can choose to have goods fixed by the manufacturer or they can insist that the retailer deals with the complaint regardless of the guarantee. the contract of sale is between the seller and buyer
sale of goods and supply of services act 1980- signs limiting consumer rights
it is an offence for the retailer to display signs that give the consumer the impression that they have no legal rights. eg ‘no refunds on sale items’. consumer rights under the act cannot be taken away or limited by signs such as ‘credit notes only’, ‘no exchange on items etc’ these signs are illegal and do not affect your statutory consumer rights.
sale of goods and supply of services act 1980- unsolicited goods
these are goods that are sent to someone without having received an order. s/he has the right to keep goods after 6 months if the sender has not collected them and the consumer has not prevented the firm from collecting them.
sale of goods and supply of services act 1980- right to cancel
you have the right to cancel within 14 days when a product is not purchased in a physical shop. this is also known as the cooling off or withdrawal period. you do not have to give a reason for cancelling and have the right to a full refund.
redress for faulty goods under the Sale of goods and supply of services act 1980- refund
if a consumer purchases a faulty good and complains promptly then s/he is entitled to a full cash refund
eg if a consumer purchases a pair of shoes and they rip of first wear then s/he is entitled to a full refund of money paid ( goods not fit for purpose )
redress for faulty goods under the Sale of goods and supply of services act 1980- replacement
a replacement may also be provided eg a new model of the same or similar quality given in its place, when a consumer who has a faulty product returns it and is happy to accept a new product in its place. this may happen if the original wasnt fit for purpose or of merchantable quality.
redress for faulty goods under the Sale of goods and supply of services act 1980- repair
if it suits the consumer, they may ask for the product to be fixed or if a long time has elapsed since they purchases the product, they may only be entitled to a repair of the product or a partial refund
the consumer protection act 2007 - false claims/ misleading advertising made about the product
false claims- can’t sell fake item claiming they are real eg fake apple airpods can’t lie about there origin eg say made in ireland/ using irish flag, can’t lie about an award/ prize received eg award winning honey
misleading advertising - ads should be clear in what is included with purchase and what reasonable expectations should be for the consumer. cant mislead when comparing goods between companies eg compaing basic lidl sausages to award winning tesco finest organic sausages- should be like for like products
the consumer protection act 2007 - price display regulations
the minister could order prices for prices of certain products to be displayed in certain ways eg include all taxes and fees, chargesor show price per kg
price must be displayed for 28 consecutive days in the same store in the previous 3 months to be advertised as a special offer
the consumer protection act 2007- aggressive selling practices
this prohibits traders from engaging in agressive practices such as harassment, coercion or exercising undue influence
eg cant intimidate vulnerable consumers to buy an item
the consumer protection act 2007- price controls
the government can impose a maximum price on certain goods in an emergency
eg if there was a severe shortage of something essential eg petrol, the govt may stop petrol stations charging exceptionally high prices.
the consumer protection act 2007 - enforcement of the act
the CCPC my look for an injunction or prohibition order against a trader breaking the act.
they can serve compliance notices and give on the spot penalties for offences of €300 payable in 28 days
consumer protection list : the CCPC is required to keep and publish a Consumer Protection List of traders who have served with compliance notice or convicted of a criminal offence
competition and consumer protection commission (CCPC) - informs consumers of their rights
they provide a website, helpline, social media site and engage in radio and television advertising all about consumers rights in relation to the purchase of goods and services as well as financial services
competition and consumer protection commission (CCPC) - enforces consumer law
they issue compliance notices, on the spot fines , prohibition notices and produce a Consumer Protection List of all businesses who have breached consumer law
competition and consumer protection commission (CCPC) - advise the government on consumer issues
the CCPC where consumers may need extra protection via legislation
competition and consumer protection commission (CCPC) - conduct research on consumer behaviour
they do this in order to advise consumers on how they can change habits and save money or receive better value for money
eg switching electricity supplier
competition and consumer protection commission (CCPC) - educate consumers to make more informed decisions
the CCPC website has many tools for consumers to use to make more informed decisions. these include financial calculators, cost comparisons for various financial services , interactive quizzes etc. so that consumers can learn to make better decisions
competition and consumer protection commission (CCPC) - monitors mergers and acquisitions ( competition in a market )
this is to ensure that there are no dominant businesses to ensure fair competition in the market for consumers
smalls claims court / smalls claims procedure - types of claims
the court hears cases relation to faulty goods , bad workmanship or damages to property
smalls claims court / smalls claims procedure - compensation
it can award compensation to a maximum of €2000
smalls claims court / smalls claims procedure - affordable/ accessible
it costs €25 to take a case to court
smalls claims court / smalls claims procedure - convenience
consumer does not need to hire a solicitor, limiting legal costs and can apply through the online application system
smalls claims court / smalls claims procedure - speed
the retailer/ service is given 2 weeks to respond to the case or district court hearing is set
Ombudsman for public services - types of claims
investigates consumer complaints if you believe a public service body(eg HSE, An Post) has given you wrong information on your complaint hasnt been dealt with properly
Ombudsman for public services - The Ombudsman is a last resort
the ombudsman will only investigate complaints if the person has tried to resolve the problem themselves first with the public service body
Ombudsman for public services - investigations
preliminary investigations: the ombudsman can ask the public body to provide relevant information and may informally interview the complainant
formal investigation: this will be carried out in private and usually in writing. they may demand files, documents and information to carry out their investigation
they will then inform you of the decision after the investigation
