Explainer: What are your consumer rights as a shopper in Ireland

It is important that shoppers are aware of their consumer rights. What should you do if you’re not satisfied with the quality of a product or service?

If you feel a product is faulty or you are not happy with a service, you should:

• Return the item to the seller (not the manufacturer)
• Act as soon as you can - a delay can indicate that you have accepted faulty products
• Don’t attempt to repair the item yourself or give it to anyone else to repair
• Make sure you have proof of purchase, for example a receipt or credit card statement
• For services, keep all evidence of damage caused by poor work, for example take photos.
• If a product is faulty within six months of purchase, it is assumed the problem existed when you received it.

Q. Do I have a ‘right to redress’ if I purchase a faulty product?

If you have a problem with something you have bought, it is always the seller who must put things right. If something you bought turns out to be faulty, you can decide to get a repair or a replacement. You also have a legal right to return something faulty if the issue occurs within 30 days and get a full refund

If you opt for a repair or replacement, the seller must do so for free, within a reasonable time and without significant inconvenience to you. This means the shortest possible time to fix the issue. For a replacement, you must get the same or a similar product.

The seller must cover any extra installation costs for the replacement.

If it is not possible or too expensive for the seller to resolve the issue, you have the right to either a price reduction or refund..

You have the right to end the contract and get a refund where:

• The seller has not offered a repair or replacement
• The fault is serious
• The seller cannot fix the issue within a reasonable time
• You told the seller you needed the product for a specific date and the seller agreed to this
• The same or another issue reoccurs after the seller repaired or replaced the product

If you are unable to find a resolution, you may consider taking a claim against the seller using the small claims procedure. For cross-border disputes in the EU, you can use the European small claims procedure.

Q. Are there situations where I cannot avail of a refund, repair or replacement?

You may have no grounds for redress if:

• You were informed about the defect before you bought the item - for example, the goods were marked ‘shop-soiled’ or the car dealer told you a part needed replacing
• The damage is caused by your own misuse or negligence - if the fault appears six months after it was received, you may have to prove that it was not caused by you
• You made a mistake when buying the item - for example, buying a black dress instead of navy or entering the wrong dates for a flight
• The fault is superficial and you examined the item before you bought it and should have seen the defect

Q. If I buy something but change my mind on it, can I return it and get a refund?

You are not automatically entitled to a refund when returning an item to a shop because you have simply changed your mind. If there is nothing wrong with it, then, as mentioned earlier, you have no legal right to return the goods. Whether or not you can get your money back will depend on the seller’s returns policy.

However, many sellers voluntarily allow customers to return or replace goods in a certain time period. The seller may offer a refund, exchange or credit note as a goodwill gesture. For this reason, check what the seller’s returns policy is before you buy.

If the seller accepts returns then there is usually an obligation that:

• You make sure the items are in good condition
• The original labels and tags are attached
• You can provide proof of purchase (for example, a receipt)

However, you have a right to change your mind and cancel when you buy online, over the phone, by mail order or on your doorstep (known as distance contracts). This is because you do not enter into the contract in person and cannot check the products or service first. Thus, you have a ‘cooling off period’ where you can change your mind and get a refund. This period ends 14 days after you receive the goods or service. For doorstep sales, you have 30 days from when the contract was agreed to cancel. Sometimes there is cooling-off period - the seller must tell you this before you buy.

The European Consumer Centre Ireland has a useful letter template for returning products bought online within the cancellation period.

Q. What protection is there for online shoppers to avoid being scammed?

A multi-agency initiative, ‘CheckMyLink’, is a tool that will quickly and easily inform consumers of the legitimacy of a website to help them shop in confidence. It is managed by Cyber Skills, in partnership with ScamAdviser and An Garda Síochána. You should also check website security by looking for the closed padlock symbol and ‘https://’ in the address bar.

Q. If I am scammed online, is there any hope of getting my money back?

You might be able to get your money back, depending on what happened. If you notice an unauthorised transaction, contact your bank immediately. In most cases, they must refund you for unauthorised payments.

If it was a debit card, credit card or PayPal payment, you should request a transaction reversal through ‘chargeback’ from your bank or credit card provider.

If it was a bank transfer, act quickly by contacting your bank as they are difficult to trace.

However if you used a money transfer service, it is unlikely you will be able to get your money back. It is also unlikely you will get money back if you used vouchers or gift cards for payment.

Q. What are my rights when an order is delayed or not delivered?

The seller must deliver your product to you either within 30 days of buying them (unless you agreed a different date) or on the date you agreed with them. If they do not, you can request a new delivery date. You can insist all items you bought in the one transaction are delivered at once. The seller cannot make you accept deliveries in instalments.

You can end the contract if the seller cannot or refuses to deliver within the new time frame you request or a new delivery date is no longer suitable for you. You must tell the business you are using your right to end your contract for non-delivery. The business must give you a refund within 14 days.

If you buy outside the EU, check your rights with South Munster Citizens Information.