Terence Flanagan (Dublin North East, Renua Ireland)
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165. To ask the Minister for Jobs, Enterprise and Innovation if he is satisfied with the returns policy of a company (details supplied) in Dublin 5. [3111/16]

Richard Bruton (Dublin North Central, Fine Gael)
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The circumstances in which the consumer returned the goods to the retailer in this case are not clear from the details supplied by the Deputy. If the consumer had the right to reject the goods and repudiate the contract under the provisions of sections 12 to 15 of the Sale of Goods Act 1893 on the quality and other conditions with which goods must comply, he or she is entitled to a refund of the price rather than to reimbursement in the form of a credit note or store gift voucher. Section 11 of the Sale of Goods and Supply of Services Act 1980 makes it an offence for a business seller to display or publish a statement that money will not be refunded or that only credit notes will be given unless the statement is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer is exercising a right conferred by sections 12 to 15 of the 1893 Act.

If, however, the goods were returned under a goodwill or no-quibble returns policy operated by the retailer, the right to a cash refund would not apply and the retailer would be entitled to offer reimbursement in the form of a credit note or gift voucher.

The draft Scheme of a Consumer Rights Bill issued for public consultation by my Department in May 2015 includes a provision on refunds which states, among other things, that if the consumer paid money under the contract, the trader must, unless the consumer expressly agrees otherwise, give a refund using the same means of payment as the consumer used. While this is in accordance with existing law, it is a clearer, more accessible statement of the right of consumers, and the obligation on businesses, in respect of this aspect of the provision of refunds.