cai owl logo

The Consumers' Association of Ireland

43-44 Chelmsford Road, Ranelagh, Dublin 6 Tel: (01) 497 8600, Fax: (01) 497 8601

cai owl logo
 


To independently protect, promote and represent the interests of consumers.

   

About Us

Home

About CAI

Contact Us

Our Council

Consumer Rights

Your Rights

How to Complain

FAQ

Useful Links

Register your complaint

Publications

Consumer Choice

Sample Reports

Press Releases

Fridge Focus

On Sale

Members

Members area

Join today

Frequently Asked Questions

Misleading adverts

I bought a ticket to see my favourite band play as advertised at a music festival. The ticket was €81. However, on the day, this band didn’t appear. I want my money back – what are my rights?

I bought a second-hand car privately through a small ad in the newspaper. The ad claimed the car was in perfect condition, but now, two weeks later, it has broken down. Can I claim a refund because the product was not as advertised?

I recently bought a Playstation game on special offer: buy one get one free. However, when I opened the packaging, I found that both games were the same. The retailer refuses to exchange one of the games, although it hasn’t been opened. What are my rights?

Food Labelling

I recently bought a ‘100% pure’ fruit juice, but at home I discovered that the front and the side labels claimed different ingredients, and that it also contained modified ingredients. What are my rights?

I bought a new yogurt, advertised as helpful for digestive problems. I tried it, but without any benefits. Then I discovered that it contains the same ingredients as traditional yogurts, but at twice the price. What can I do?

My son recently bought 3 chocolate cream desserts, taking advantage of a special offer: buy two get one free. When he came back home, I discovered that the ‘use by’ date had already passed. Can I claim a refund?

Distance selling

What rights do I have when buying from an overseas website?

Can I cancel my order after buying goods online?

I bought an mp3 player from a website but it turned out to be faulty. What can I do?

Tenancy Problems

I have a problem getting my landlord to return my deposit at the end of my tenancy. What can I do?

I’m moving to Dublin in a few months to attend university and I will need to rent an apartment. How can I find a place to rent?

I’ve decided it’s time to leave my parents and live on my own. What should I know before I rent a flat?

Shopping in the sales

I wish to buy a jumper in the sales, but there are signs in the shop that ‘goods on sale will not be exchanged’ and ‘goods on sale cannot be tried on’. Can the retailer do this?

I bought an expensive jacket, but once at home I found out that the inner lining was torn. The seller says he will give only a credit note for sale goods, but not a refund. I want my money back. What can I do?

I’m going to buy a lot in the sales this year; can you offer some advice before I go?

Mobile phones

I damaged my mobile phone, and I had to give it back to be repaired. Do I have to pay the bills even if I cannot make any calls?

I bought a SIM card from one of the telecommunication companies. I should be paying 10c per minute for international calls but according to my bill, I am being charged 30c. What can I do?

I recently bought a mobile phone and I found it faulty. The keys are sticking. Should I send it to the manufacturer? Who can I complain to?

Package holiday rights

I booked a package holiday two months ago and I have just been informed that the price has risen since the time of booking due to increased fuel charges. Is this allowed?

I booked a holiday with a travel agent, and on the brochure it claimed that our accommodation had its own private pool. When we arrived, however, we were informed that the pool was no longer in use and had not been for quite some time. What are my rights?

I booked a package holiday a few months ago but I have now found out I cannot go. Can I transfer the holiday to someone else?

Buying a foreign product

I bought an electric toothbrush, but found that it has a continental plug only. The shop will not exchange it. What are my rights?

I wanted to buy a dress in a Dublin store, but the only price on the label was £13.00 sterling. When I asked, I was told that the Irish price was €28, but £13 would be more equivalent to €18 than €28. Can the retailer raise a price like this?

I bought some items in a Polish grocery store but later realised the ingredients list was only provided in Polish. I am allergic to nuts, but couldn't check the label for allergen content. Is this allowed?

Mail order

Three weeks ago, I ordered a new blender from a catalogue. They say you have 14 days to try the item, but although I have paid in full, the blender still hasn't arrived, and apparently hasn't even been shipped. Have my 14 days already expired? Must I wait indefinitely for delivery?

I bought a dress recently on mail order and found I was charged more than the price shown on the catalogue even though the delivery charges were supposed to have been included. What can I do to get my money back?

The electrical carpet cleaner I bought on mail order turned out to be faulty. The company agreed to send out a replacement model, which duly arrived. They said I should contact them to have the old model taken away, but despite several phone calls, letters and emails, it is still sitting in my hallway. Do I have to put up with this?

Answers

I bought a ticket to see my favourite band play as advertised at a music festival. The ticket was €81. However, on the day, this band didn’t appear. I want my money back – what are my rights?

The purpose of any advert is to give information about a product or service to the consumer. Under Irish law, adverts should be ‘legal, decent, honest and truthful’, but unfortunately, in the rush to make a sale, these qualities are sometimes forgotten.  The Consumer Protection Act 2007 aims to prevent false or misleading indications about goods, services and prices given in the course of a business trade or profession. It covers claims made by manufacturers, distributors, wholesalers and retailers, as well as adverts, catalogues, tickets and so forth. If you bought your festival ticket on the basis that your favourite band would perform, with no warning that they might not, you may have been a victim of ‘false or misleading’ information, and may be entitled to redress. You should make a complaint to the Advertising Standards Authority for Ireland www.asai.ie  as well as the National Consumer Agency www.consumerconnect.ie . If you receive no satisfaction, you may also consider taking a case to the Small Claims Court www.smallclaims.ie
Back to top

I bought a second-hand car privately through a small ad in the newspaper. The ad claimed the car was in perfect condition, but now, two weeks later, it has broken down. Can I claim a refund because the product was not as advertised?

When you buy a car from a dealer or a garage, you have certain consumer rights that protect you if the car is not of merchantable quality, not as advertised, or not fit for its purpose. Unfortunately, if you buy from an individual who isn’t in the trade, the transaction is not a contract between a business and a consumer, but a deal between two individuals. This means you have very little legal protection if the car turns out to be faulty, as the purchase falls outside the scope of consumer law. Your only right to redress in this case is if the car was sold with a defect that would endanger those driving it. For these reasons, if you buy a used car privately, never ever hand over payment until you are absolutely sure about the car’s condition, because you are very unlikely to have any comeback afterwards.
Back to top

I recently bought a Playstation game on special offer: buy one get one free. However, when I opened the packaging, I found that both games were the same. The retailer refuses to exchange one of the games, although it hasn’t been opened. What are my rights?

Under the Consumer Protection Act it is an offence for retailers to make false or misleading claims about goods or prices. You have the right, when buying goods, to expect that they will be as described and not subject to false claims. If the goods do not comply with the right criteria, you may be entitled to a repair, replacement or refund. In this case your rights depend very much on the wording of the advert, which will determine whether the retailer did in fact offer a different second game or not. If not, and if the second game is not faulty, you may not be entitled to remedy.
Back to top

I recently bought a ‘100% pure’ fruit juice, but at home I discovered that the front and the side labels claimed different ingredients, and that it also contained modified ingredients. What are my rights?

Labels on food products tell us about their ingredients and their nutritional values. Often, they are the only sources of information we have about a product. Therefore, in order to ensure a high level of consumer protection, all claims made on foods must give the consumer the necessary information to make an informed choice. By law in Ireland, food labels should be clear, legible, written in English (or both English and Irish), easy to understand, and without confusing or misleading information. If you have a complaint regarding a misleading food label, you should contact the Food Safety Authority www.fsai.ie, or your local Environmental Health Officer. In this case, the juice was not ‘as advertised’, so as long as you haven’t drunk it, you are entitled to a refund or replacement from the retailer.
Back to top

I bought a new yogurt, advertised as helpful for digestive problems. I tried it, but without any benefits. Then I discovered that it contains the same ingredients as traditional yogurts, but at twice the price. What can I do?

Increasing interest among consumers in a healthy diet has resulted in the rise of health claims on advertising and food labels. In order for a claim to be justified, it is necessary that the substance that is the subject of the claim is present in the food in sufficient quantities, or that the substance is absent or present in suitably reduced quantities, to produce the claimed nutritional or physiological effect. In addition, a significant amount of the substance producing the claimed effect should be provided by a quantity of the food that can reasonably be expected to be consumed. Under EU law, foods bearing nutrition and health claims must be labelled and advertised in a truthful and meaningful manner. EU Regulation (EC) No. 1924/2006 (on nutrition and health claims made on foods) specifies the conditions for these claims. If you feel the yogurt you bought was advertised in a misleading way, you could also complain to the Advertising Standards Authority of Ireland www. asai.ie.
Back to top

My son recently bought 3 chocolate cream desserts, taking advantage of a special offer: buy two get one free. When he came back home, I discovered that the ‘use by’ date had already passed. Can I claim a refund?

A date mark indicates the end of a food product's shelf life, the period of time that it can be kept under appropriate storage conditions before it starts to deteriorate. Foods should be consumed before the date mark expires to ensure safety and quality. Even if a product looks and smells fine, using it after this date could put your health at risk and cause food poisoning. 'Display until' and 'sell by' dates are instructions for shop staff, to tell them when they should take a product off the shelves. The difference between a ‘use by’ date and a ‘best before’ date is that you would find the first one on more perishable items such as cream, yoghurt and some meat products, and it’s an offence under Food Safety legislation for a food business to sell, or have in possession for sale, any food past its use by date. However, ‘best before’ dates are found on foodstuffs which have longer shelf life such as packets of biscuits, tinned food and frozen foods. It is NOT an offence under Food Safety legislation for food to be sold after its best before date, unless its quality has deteriorated to make it unacceptable to eat. As a cream dessert is a perishable item, the retailer should not have sold it to you after the ‘use by’ date. You are entitled to a refund. If you feel that the product poses a health risk you may also wish to contact your local Environmental Health Officer, employed by the HSE to implement national and EU laws on food safety and hygiene.
Back to top

What rights do I have when buying from an overseas website?

It can be difficult and time-consuming to insist on your rights when you buy from an overseas website, although you are protected by EU consumer legislation whenever you make a purchase in Ireland or another Member State. The European Directive on Distance Selling and the EC Regulations 2001 aim to ensure that consumers receive the same minimum level of protection no matter where a supplier is based in the European Union, European Economic Area (EU, Iceland, Liechtenstein, and Norway) or Switzerland. According to legislation, goods must be genuine or the retailer is liable. If goods are not of an acceptable standard, you may be entitled to a repair, replacement, or refund. If the web trader is based in the EU, you also have entitlements under the EU distance selling regulations. If you order from a web trader based outside the EU, they may come under the jurisdiction of www.eConsumer.gov. Under the e-Commerce Directive, web traders must provide the name of the service provider, as well as geographic details including their email address. You should be very careful if you are ordering from a web trader based outside the EU, unless you know the company. When buying from an overseas website, you need to be particularly careful to identify the site’s warranty and refund policies, as well as looking for any statement as to which country’s laws will apply to your transaction.
Back to top

Can I cancel my order after buying goods online?

Consumer law gives you the right to cancel an order during a ‘cooling off period.’ This means you can return an item or cancel a service within seven days. The cooling off period for online sales starts on the date the contract is concluded. During this time, the consumer can cancel a distance contract without giving any reason. If a supplier fails to provide written confirmation of the sale, the cooling off period is extended to three months from the date on which the goods were received. You will probably have to pay the cost of the returning the goods unless they are faulty, different to the item you ordered, or not of satisfactory quality. Remember that you must confirm your decision to cancel in writing by letter, fax or email.
Back to top

I bought an mp3 player from a website but it turned out to be faulty. What can I do?

It is not a good idea to buy very expensive items online if you are not familiar with the company. However, your rights are the same whether you buy faulty goods online or from a shop. The web seller is obliged to solve the problem: he must repair, refund or replace the faulty item. If an item you bought is faulty you should immediately complain to the retailer in writing or cancel the order within the cooling off period. If things go wrong and the seller refuses to help you, you can make a claim. If the web trader is based in Ireland you can bring a case to the Small Claims Court www.smallclaims.ie; if the web trader is located outside the EU you should contact www.eConsumer.gov.
Back to top

I have a problem getting my landlord to return my deposit at the end of my tenancy. What can I do?

The main legislation governing the rights and obligations of landlords and tenants in private rented accommodation is set down in the Landlord and Tenants Act, 1967-1994 and the Residential Tenancies Act 2004. In general, a landlord may withhold a deposit or a part of deposit only in the following circumstances:

  • if a tenant has not given proper notice when leaving
  • if a tenant has left with outstanding bills or
  • if a tenant has caused damage beyond normal ‘wear and tear’.

If your landlord has a valid reason for keeping part of deposit the rest of it should be returned. landlord may not, for example, withhold your deposit because you have had noisy parties. However noisy parties can get you evicted, with proper notice, if they are forbidden by your lease or cause disruption and inconvenience to your neighbours. If you didn’t damage the property and your bills are paid, the landlord cannot keep your deposit unfairly. If he refuses to give your money back, you can ask him about the reason of his decision or for a breakdown of the costs incurred. You can also negotiate with him; if this doesn’t work you should contact the Private Residential Tenancies Board www.prtb.ie for advice on how to proceed.
Back to top

I’m moving to Dublin in a few months to attend university and I will need to rent an apartment. How can I find a place to rent?

There are a lot of ways to find a place to rent, such as local newspapers or magazines, shop windows or notice boards. There are also several useful websites. Two of the most popular are www.daft.ie and www.myhome2let.ie. Letting and accommodation agencies may also be useful. Ask also whether your college has halls of residence in which you can live. Some colleges and universities have student accommodation but it can be difficult to get a place because they are very popular.
Back to top

I’ve decided it’s time to leave my parents and live on my own. What should I know before I rent a flat?

First, look around the area where you’ve decided to rent. Think about your safety and check if there are any streets you should avoid. Make sure that public transport is convenient, or if you have a car, make sure there is parking nearby. You should also check the condition of the property, and whether any repairs are needed. If so, ask whether the landlord will carry out these repairs before you move in. Remember to ask about heating, security and whether furniture is provided, as well as access to facilities such as washing machine, tumble dryer, phone or internet. It is very important to remember that your rent is not your total cost. You will also have to pay a deposit and utility bills for services such as electricity and phone. Check with the landlord how often rent is due, what the deposit involves and when you’ll get it back. Make sure you receive a rent book so that you can claim tax relief on any rent you pay (contact the Private Residential Tenancies Board www.prtb.ie). You may also want to ask about an agreement explaining your rights and responsibilities, confirming how much notice you have to give before you leave and whether you can get out of the tenancy early without losing your deposit. Remember that good preparation is the key to avoiding problems.
Back to top

I wish to buy a jumper in the sales, but there are signs in the shop that ‘goods on sale will not be exchanged’ and ‘goods on sale cannot be tried on’. Can the retailer do this?

As the Sale of Goods and Supply of Services Act 1980 states, a consumer’s rights when buying in the sales are the same as at any other time. Because your legal right is to a replacement or refund of price in the case of a faulty item, it is an offence for shops to put up notices which say:

  • No cash refunds.
  • Credit notes only.
  • Goods on sale not exchanged.

No sign can affect your statutory rights. Unfortunately there is no obligation on the retailer to take back an item that is not faulty. Many retailers will still exchange items once you have a receipt, but this is good customer relations, not a requirement. Similarly, retailers need not provide facilities for you to try on clothes. However, it’s always a good idea to insist, where possible, as this allows you to find any possible defect in the goods, as well as checking size and fit.
Back to top

I bought an expensive jacket, but once at home I found out that the inner lining was torn. The seller says he will give only a credit note for sale goods, but not a refund. I want my money back. What can I do?

Under the Sale of Goods and Supply of Services Act 1980 (section 10), consumers are entitled to goods of merchantable quality. This means that goods should be of reasonable quality taking into account what they are meant to do, their durability and their price. Since your jacket does not meet these conditions, you may refuse to accept the credit note and may seek a replacement or refund. Remember, when you buy goods in a sale you have the same rights as when you pay full price for the goods, so the seller may not legally insist on a credit note. It is important in a case such as this one to act as soon as possible – a delay can indicate that you have accepted faulty goods. You should always begin with informal ways to solve the problem, as issues can often be remedied by contacting the retailer. If he will not help even after you have put your complaint in writing, or if you are not happy with his final offer, you may consider going to the Small Claims Court www.smallclaims.ie, which costs €9 and may be used for claims up to €2,000.
Back to top

I’m going to buy a lot in the sales this year; can you offer some advice before I go?

We’re all familiar with the end of season sales. There are bargains to be found, but you have to keep your eyes wide open. Our top five tips to avoid traps during sale shopping:

  1. Be suspicious when you see signs for excessive discounts; rather, refer to shops you already know to buy goods on sale. Discounts for more than 30-40% often hide old stock. Also watch out for possible full-priced goods sold together with goods on sale.
  2. Look around a few days before the sales start, so you know what’s on offer. Compare prices of several shops, and take note of the best deals.
  3. Make sure all clothing is correctly labelled with the composition of the fabric and with instructions for care.
  4. Sale goods must not be falsely described. False or misleading trade descriptions are offences for which the National Consumer Agency (NCA)can prosecute. If you buy goods based on a false description, contact the NCA(see Useful contacts).
  5. The contract for the sale of goods is between consumer and retailer. Thus, if there is a problem, know that you are not obliged to contact an importer, much less a manufacturer, in order to claim your rights.

Back to top

I damaged my mobile phone, and I had to give it back to be repaired. Do I have to pay the bills even if I cannot make any calls?

Unfortunately, yes. You may still be liable for charges if your mobile phone is broken or lost, even if you cannot make any calls because you don’t have a working phone. When you sign a contract you commit to paying your monthly charges for the term of that contract regardless of whether you use your phone or not. What you can do is to ask your retailer about a substitute mobile that you can use while yours is being repaired. Similarly, if your phone is stolen, you should inform the retailer immediately so that you will not beliable for bills run up by the thief. The CAI thinks it is unfair of telecom companies to charge consumers in these circumstances and urges them to change their policies in the interests of good customer service.
Back to top

I bought a SIM card from one of the telecommunication companies. I should be paying 10c per minute for international calls but according to my bill, I am being charged 30c. What can I do?

When goods are purchased, the consumer forms a contract with the seller. Under this contract the consumer has a legal right to expect that the goods will be of merchantable quality, fit for their purpose and as described. The description must not be misleading, whether goods are described in a written brochure, or orally by a salesperson. Many phone contracts are subject to variation clauses, which allow the retailer to change the terms and conditions, including call rates. You should read your contract carefully, making sure that you understand it all. In this case, if there are no variation clauses, your provider may be misleading you and breaching the contract. In that case you should contact your retailer, make a complaint and ask for a refund. If you receive no satisfaction, you should consider contacting the National Consumer Agency or making a claim to the Small Claims Court www.smallclaims.ie. You can also contact the Commission for Communications Regulation www.comreg.ie if you wish to make a complaint about a provider.
Back to top

I recently bought a mobile phone and I found it faulty. The keys are sticking. Should I send it to the manufacturer? Who can I complain to?

According to the Sale of Goods and Supply of Services Act, 1980, goods must be of merchantable quality and fit for their purpose. If your new mobile phone is faulty, it does not meet these conditions and you are entitled to a remedy. Remember, you should only deal with the company you bought the phone from, rather than the manufacturer – your contract is with the seller, not the manufacturer. The retailer is obliged to repair or exchange your mobile for a new one.
Back to top

I booked a package holiday two months ago and I have just been informed that the price has risen since the time of booking due to increased fuel charges. Is this allowed?

Yes, price increases are actually allowed, within certain limits. The Package Holidays and Travel Trade Act, 1995, deals specifically with holiday rights for consumers and is the only act of its kind. In relation to price changes, the act states that prices may only be changed in the event of variations in transport costs (including the cost of fuel), the level of taxes, fees and charges payable at airports and ports, or exchange rates which apply to your package. These charges, however, cannot be enforced within twenty days of departure. Remember that you can always ask for a refund if the price has been altered significantly.
Back to top

I booked a holiday with a travel agent, and on the brochure it claimed that our accommodation had its own private pool. When we arrived, however, we were informed that the pool was no longer in use and had not been for quite some time. What are my rights?

The information that you were given in the brochure should have been accurate in its description of the accommodation. You were clearly misled by the information in the brochure and your expectations were not met. The information that is contained in the brochure is an important part of the contract and is legally binding. In this case, the tour operator is in breach of the contract and must offer some form of compensation. You should write a letter of complaint to the tour operator within 28 days of returning from holiday. If you are unhappy with the response of the complaint you can seek arbitration through the Irish Travel Agents’ Association www.itaa.ie or pursue the matter through the Small Claims court www.smallclaims.ie. The Small Claims Court will cost €9 and cover claims of up to €2,000.
Back to top

I booked a package holiday a few months ago but I have now found out I cannot go. Can I transfer the holiday to someone else?

It is possible to transfer a package holiday to another person. You must, however, give the organiser of the holiday reasonable notice of the transfer, and the person must be able to satisfy all the conditions that are attached to the holiday. You should be able to find details of this within your contract. Both you and the person to whom you are transferring the holiday will be responsible for payment of either the holiday, or the remaining balance, whichever should be the case. You will also be responsible for any other fair and reasonable costs that may be incurred by the organiser as a result of the transfer.
Back to top

I bought an electric toothbrush, but found that it has a continental plug only. The shop will not exchange it. What are my rights?

According to the Sale of Goods and Supply of Services Act 1980, consumer products must be of merchantable quality, as described and fit for their purpose. If this is not the case, the consumer is entitled to a remedy, and the seller has a duty to put things right. As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the cost of the item or service to the consumer. If a product has no fault you are not automatically entitled to an exchange. However, although this product was not faulty, it was also not fit for its purpose in the country of sale. Therefore, unless the packaging stated clearly that only a continental plug was supplied, or you were informed of this before purchase, you are entitled to remedy (at the very least a supplied adaptor). If the seller refuses to agree, you can bring a claim to the Small Claims Court www.smallclaims.ie.
Back to top

I wanted to buy a dress in a Dublin store, but the only price on the label was £13.00 sterling. When I asked, I was told that the Irish price was €28, but £13 would be more equivalent to €18 than €28. Can the retailer raise a price like this?

Under the EC (Requirements to Indicate Product Prices) Regulations 2002, retailers and service providers in Ireland must show product prices, and must show them in euro. However, retailers may charge whatever price they want for their wares, and international retailers are not required to charge the same from country to country. If an item is wrongly priced by mistake (and is not consistently wrongly priced), you are not automatically entitled to buy it at the lower price. As long as you are told the correct price before you pay, you have no right to redress. If you notice the error after you have paid, you should bring the matter to the retailer's attention and ask to be refunded the difference. You could also report the matter to the National Consumer Agency www.consumerconnect.ie, which must investigate the complaint and ensure future compliance with the law.
Back to top

I bought some items in a Polish grocery store but later realised the ingredients list was only provided in Polish. I am allergic to nuts, but couldn't check the label for allergen content. Is this allowed?

Using the appropriate language on product labels is vital to ensuring consumer understanding of product use, safety, and environmental impact. At present in the EU, language requirements are a national issue, which means that individual Member States determine the appropriate language/languages necessary for product labels in certain industries. Pre-packaged foodstuffs must comply with compulsory harmonised EU standards on labelling and advertising. Labels must show:

  • Name under which the product is sold.
  • List of ingredients and quantities.
  • Potential allergens.
  • Minimum durability date.
  • Conditions for keeping.

Labels and packaging in Ireland must be in English, and it is the responsibility of the importer to add extra labels if necessary to ensure that the required information is given in English. Be wary of buying food if you cannot understand the label, especially if you have an allergy that makes certain ingredients dangerous for you.
Back to top

Three weeks ago, I ordered a new blender from a catalogue. They say you have 14 days to try the item, but although I have paid in full, the blender still hasn't arrived, and apparently hasn't even been shipped. Have my 14 days already expired? Must I wait indefinitely for delivery?

A 'cooling off period' is the time during which consumers may reject most products bought at a distance without having to provide a reason. By law (under the Distance Selling Regulations, 2000), the cooling off period lasts for seven days starting from the time of delivery. In cases such as yours, where a company guarantees a longer cooling off period, this is still considered to begin from the date of delivery. If a company is slow to deliver, you don't have to wait forever. Retailers are obliged to deliver within 30 days, and if they cannot meet this deadline, they must offer you the opportunity to cancel the order and receive a refund. The refund must then be provided within a further 30 days. A retailer who cannot deliver a requested product in time may provide you with an 'equivalent' product. If this alternative is not to your satisfaction, however, you may reject it, in which case the retailer must pay for the return of the goods.
Back to top

I bought a dress recently on mail order and found I was charged more than the price shown on the catalogue even though the delivery charges were supposed to have been included. What can I do to get my money back?

When you make a purchase from a catalogue, or by any other distance method, you are entitled to certain information before the purchase goes through. This information must include:

  • name and address of the retailer
  • detailed description of the goods
  • total price including taxes and delivery charges
  • arrangements for payment and delivery
  • details of the cooling off period.

If you did not receive full confirmation of these details, the cooling off period is legally extended from seven days to 90 days, and so you may reject the dress within this timeframe. If more than 90 days has passed, you may be deemed to have accepted the dress, and your rights may be diminished. If you believe the company deliberately misled you by advertising an incorrect price and failing to inform you of this before purchase, you should complain in writing and ask for your money back. You can also complain to both the Advertising Standards Authority for Ireland www.asai.ie and to the National Consumer Agency www.consumerconnect.ie, which has responsibility for enforcing the Distance Selling Regulations.
Back to top

The electrical carpet cleaner I bought on mail order turned out to be faulty. The company agreed to send out a replacement model, which duly arrived. They said I should contact them to have the old model taken away, but despite several phone calls, letters and emails, it is still sitting in my hallway. Do I have to put up with this?

Under the WEEE Regulations 2005, retailers are obliged to take back an old electrical appliance for recycling when they deliver a new appliance of the same type. This applies to replacement products as well as to original purchases. When the new product is delivered, the retailer is legally required to provide 24 hours notice to take away the old one, or must otherwise collect it within 15 days of delivery. If the 15 days have passed, you should complain to the retailer in writing, reminding them of their obligation to pick up the broken cleaner for recycling. Alternatively, you can report them to the Environmental Protection Agency www.epa.ie, which is responsible for enforcing the WEEE Regulations. If you decide not to pursue the complaint further, you can also bring the carpet cleaner to a civic amenity site, where you can deposit it for recycling free of charge. Contact your local authority for details of civic amenity sites.
Back to top

What are my rights?

Know your rights

Legal protection

How to complain

Retailers' responses

Deliveries / Online & Mail order

Rented goods

Letter of complaint

Legal redress

Small Claims

Points to remember

FAQ

Register your complaint

Home | Contact us | Rights | Links