Brendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

289. To ask the Minister for Jobs, Enterprise and Innovation her views on a matter (details supplied); and if she will make a statement on the matter. [52728/18]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The matter referred to in the Deputy’s question relates to the obligations of a seller in respect of the return of goods. Where, as is accepted by the buyer in the case in question, the goods were not faulty or were not otherwise in conformity with the contract, there is no legal obligation on the seller to accept the return of the goods and to give a refund of the price. Where a seller accepts the return of goods on a goodwill basis, there is no legal requirement on the seller to reimburse the buyer in cash. The seller is free to offer reimbursement in other ways such as a credit note or gift voucher or by giving the buyer other goods to the same value. While it may be considered good business practice for a seller to inform consumers of the seller’s returns policy in advance of the conclusion of a contract of sale, there is no legal requirement on the seller to do so. Regulation 5 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484/2013) sets out a range of information that traders must provide to consumers before the consumer is bound by a contract concluded on the trader’s premises. While this Regulation obliges the trader to provide information on his or her legal obligation to supply goods that are in conformity with the contract and on the existence and conditions of any commercial guarantee provided by the trader over and above that legal obligation, it does not include a requirement to provide information on the seller’s returns policy.