Consumer problems worksheet solutions
- 1. What Can I Do? Consumer Problem Page No Refund I bought an iPhone for €199 and within two weeks it stopped work- ing. I brought it back to the shop and they said I must have dropped it or sat on it. I know this did not happen as I looked after it very well. What should I do? Under the Sales of Goods and Supply of Services Act 1980, goods must be:- Merchantable quality Fit for purpose If not you are entitled to one of ‘3Rs’ a refund, replacement or a repair. Bring the iPhone back to the shop and speak to the manager. Say it is obviously faulty as you know you did not break it and ask for a refund or replacement. Say you are willing to take fur- ther action if necessary. If the manager refuses to do anything, write a formal letter to the manager and the head office outlining the problem, your rights and what action you want from the shop. If this is unsuc- cessful, take a case against the shop through the Small Claims Procedure. It costs €15. Contact your local District Court for ap- plication form or log onto www.consumerconnect.ie for more information. Exchanging Goods On Sale I wish to buy a leather jacket in the sales, but there are signs in the shop that say goods on sale will not be exchanged and goods on sale cannot be tried on. Is the retailer allowed to do this? As the Sale of Goods and Sup- ply of Services Act 1980 states, a consumer’s rights when buying in the sale are the same as at any other time. Your legal right is to a refund, replace- ment or repair if goods are faulty. Therefore it is an of- fence for shops to put up notic- es which say: No cash refund. Credit notes only. Goods on sale not exchanged. No sign can affect your statu- tory rights. Unfortunately, there is no obligation on the retailer to take back an item that is not faulty. Many retail- ers will still exchange items once you have a receipt, but this is good customer relations. Similarly, retailers do not have to provide facilities for you to try on clothes. However, it is always a very good idea to try clothes on to check size, fit and defects. Credit Note I recently returned a faulty G.H.D. hair straightener to a shop. The man- ager insisted I take a credit note rather than a cash refund. I think I was entitled to a refund. Who was right? For faulty goods you are entitled to one of ‘3Rs’ : refund replacement or repair under the Sale of Goods and Supply of Services Act 1980. If your complaint is valid you don’t have to accept a credit note. It is not an adequate remedy unless you volun- tarily accept it. In your case, as the retailer gave you a credit note it shows that he accepted that your complaint was valid. You had the right to reject the credit note and insist on a full cash refund. Remember if you have a valid com- plaint, do not accept a credit note. Shop notices stating ‘credit notes only’ are illegal. The only time he can insist on a credit note is when you change your mind about a pur- chase. © PDST Home Economics