Written answers

Tuesday, 19 January 2010

Department of Enterprise, Trade and Employment

Consumers' Rights

9:00 pm

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 183: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her views on an advertisement (details supplied) that is currently being run by the Consumer Agency; if she will take steps to address same; and if she will make a statement on the matter. [1022/10]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The protections afforded consumers in circumstances where they purchase goods which turn out to be faulty are set out in the Sale of Goods legislation, principally the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980, and also in the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11/2003 refers). The essential protection provided in Irish law in cases of breaches of a condition under a sales contract, such as instances concerning the sale of faulty goods, entitles a consumer to reject the goods and repudiate the contract. Where the consumer has paid for the goods then he or she may sue for damages and /or seek recovery of the price paid.

Notwithstanding the essential right of consumers to reject faulty goods and seek recovery of the price paid, provisions were inserted into the Sale of Goods legislation allowing consumers who purchase goods which turn out to be faulty a choice of remedies. This choice affords the consumer the opportunity on the one hand to seek a remedy to the fault or a replacement of the goods whilst still retaining the entitlement to reject the goods or have them repaired elsewhere where the seller fails or refuses to facilitate the request. In practical terms the consumer is afforded the right to "cure" the defect without losing the right to reject. Thus the consumer has a second chance to reject where the seller fails to facilitate the request for repair or replacement.

Insofar as the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 are concerned, these Regulations added a broader dimension to the palate of remedies available to Irish consumers. It is important to point out, however, that these remedies are in addition to and not in substitution for the protections afforded consumers under the Sale of Goods legislation. The Regulations essentially require that goods delivered under a contract of sale to a consumer must be in conformity with that contract. The Regulations provide that goods are in conformity with the contract for sale if they comply with the description given by the seller, are fit for the purposes for which such goods are normally used, demonstrate the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect etc. The Regulations further provide that where there is a lack of conformity in relation to a contract for the sale of goods, the seller shall be liable to the consumer for any lack of conformity and that the consumer is entitled to a range of remedies, including that the goods are brought into conformity, free of charge, by repair or replacement, or an appropriate reduction is made in the price, or the contract is rescinded with regard to those goods.

As regards the suggestion that there is a 30 day limit on vendors' liability in respect of refunds, I am not aware of the provenance of that suggestion. It may be that the 30 day limit may refer to the returns policy operated by some retailers, whereby they allow consumers to return goods, which are not faulty, within a particular period subject to certain conditions. I would wish to assure the Deputy, however, that there is no such limit in relation to the statutory protections afforded consumers in instances where they purchase goods which turn out to be faulty, indeed any policy which would seek to limit those protections would not be binding on the consumer.

I am satisfied, therefore, that the information campaign being run by the National Consumer Agency is not misleading and indeed is providing useful and timely advice to consumers as to their rights in instances where they purchase goods which turn out to be faulty.

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