Faulty goods and products
What are your consumer rights if you have bought a faulty product?
If you have a problem with a faulty product or a faulty good, this section explains your consumer rights. 'Faulty goods’ typically means products that are broken or don’t work. We also use this term to describe products that are poor quality or not as described. Businesses must act quickly when a consumer reports a faulty product. Depending on the details of the case, a consumer can be entitled to a refund, replacement, repair or price reduction. Consumer rights are strongest when you first buy the product but last up to six years in Ireland.
If you have bought the faulty product within the last 30 days
Products you buy should work as expected. They should also be durable and of reasonable quality. If a fault arises in the first 30 days after you buy a product or within 30 days from when it was delivered, you have the right to terminate your purchase within that time and get a full refund once you return the product. Act quickly as you must tell the business that you are terminating within the 30 day period.
If you have bought the faulty product more than 30 days ago
If a fault arises more than 30 days after you buy a product or from when it was delivered, you can generally choose between a repair or a replacement. You can get a refund in serious cases or where repair is unsuccessful.
Your consumer rights last for up to six years after purchase
If the product might reasonably be expected to last six years with normal use or wear and tear and a fault arises, you can still expect the business to solve the issue. The six-year period applies from the day you bought the product or the day it was delivered
How can you prove there is a fault with the product you bought?
If a problem occurs in the first year after a purchase, consumer law presumes that the fault existed from the time you received the item. You must show or outline to the business that the fault exists. It is then up to the business to prove that the item was not faulty when you received it, for example, they may prove that the issue is due to wear and tear or misuse on your part.
What if the fault is so serious that you cannot use the product?
A serious fault is one that severely affects your ability to use the item you bought. For serious faults, you can return the item for a refund. You do not need to accept a repair or replacement, even after the initial 30-day period has passed.
Contact the business as soon as you become aware of the fault and explain the serious nature of the problem and how you want the problem to be resolved. Follow up in writing in case you need to take things further. You can use our letter templates to help you. The business must refund you within 14 days of getting the goods back.
What if the faulty product has been repaired or replaced by the business but the problem persists?
If a repair or replacement doesn’t resolve the problem, or isn’t possible, you can get a partial reduction in the price, or a full refund if the fault is serious. Learn more on the getting a price reduction page.
What if you haven't fully paid for a product yet but it is faulty?
If you are paying in instalments, or you haven’t fully paid for the goods, you have the right to withhold payment until the business resolves the issue. For example, if you paid a deposit for a piece of furniture and it arrives with a fault, you can withhold paying the balance until the fault is repaired or the item is replaced.
If you decide to withhold payment, you should tell the business that you intend to do so. If the issue is then resolved and you receive the product in working order, you must pay the agreed amount.
The amount that you can withhold must be based on the reduced value of the goods because of the fault or defect, taking into account the type of product and just how much it differs from what the product should be like.
Actions you should take when you realise your product is faulty
When you notice a fault, contact the business that sold you the goods as soon as possible. Most problems can be resolved by having a chat in store or over the phone or by sending an email. In most cases, a fault or other issue with an item is obvious and easy to explain or show to the business.
If you bought in person, and it’s possible for you to do so, you should bring the item back to the shop. If the item is too big or difficult to transport, take pictures of the fault and bring them with you. For more complex items, like cars, you might need to get a professional report to show that there’s a problem, especially if the business or garage is disputing that the fault exists.
Can the business make me pay for the cost of sending the faulty item back?
If the goods are faulty, the business must pay for collection of the goods or reimburse you if you pay the costs of returning them up front.
What if the faulty product needs to be uninstalled or removed by a professional?
If the faulty product was installed and needs a professional to remove it, then the business is responsible for uninstalling it and the installation of the replacement goods. Alternatively, the business must pay for the costs of removal and installation.
Who is responsible if you bought a product under a hire purchase agreement, and there is a fault?
When you buy a product through a hire purchase agreement, you are not the owner of the product until you make the final payment. The finance company that leases the product to you owns it.
Usually the business you bought from will resolve any issues, but if not, as the owner, the finance company is legally obliged to solve the issue for you.
Can a business refer you to the manufacturer if there is a fault with a product?
When you buy something, the business that sold it to you is responsible for resolving any problem with the item you bought. While you may have a separate guarantee with the manufacturer, your consumer contract (and your rights) is with the business that sold you the goods.
Can a business insist you use a guarantee or warranty if you have a faulty product?
Sometimes when you buy a product you will also get a guarantee or a warranty. This is separate to your consumer rights and you cannot be told to use a guarantee instead of using your statutory consumer rights.
For example, your product could come with a guarantee that says the manufacturer will provide spare parts, repairs or offer a free replacement for problems for a fixed time period. This is an additional protection and you don’t have to use it. Your consumer rights mean the business that sold you the goods is still responsible for resolving any faults and it can’t tell you to contact the manufacturer instead.
What can you do if the business will not solve the issue with your faulty product?
If you cannot resolve the issue informally, you should submit a formal written complaint. Knowing your consumer rights will help you to point out what the trader is legally obliged to do. The business should know their obligations.
For example, they must not:
- Charge you for repairs to a faulty product
- Charge you for replacing a faulty product
- Expect you to pay the costs of returning faulty goods to them
If the business doesn't resolve the issue, you should make a complaint.
Next steps to resolve your consumer rights issue
- Contact the business informally first, explain the problem and try to work it out.
- Keep a record of all contact and communications in case you need to escalate your complaint later.
- If the problem is not resolved, make a formal written complaint to the business. You can use the CCPC complaint letter templates which outline your consumer rights to help you.
- If you paid by card, you may have the option to request a chargeback from your bank or financial services provider.
- If your claim is for €2,000 or less, you can use the small claims procedure.
- If the problem is not easily resolved, we encourage you to also report the business to the CCPC. Your report will inform our advocacy and enforcement activities.
- For more guidance, please visit our how to resolve an issue section.
Different rules apply to goods bought before 29 November 2022. Learn more here – Goods bought before the Consumer Rights Act 2022 .
