Faulty goods

‘Faulty goods’ typically means goods that are broken or don’t work. We also use this term for goods that might work but still don’t meet the terms of a sales contract. This might be because the item falls short of what you should expect from this type of item, or because it is not what was agreed when you bought it. In consumer law, this is called ‘non-conformity’.

The Consumer Rights Act 2022 changed the law on faulty goods and enhanced the rights of consumers. There are different rules for goods bought on or before 28 November 2022.

Your rights when you buy faulty goods

Here is a summary of your rights when it comes to faulty goods. You can follow the links to more information on each topic.

Time limit for resolving issues with faulty goods

In Ireland, you can seek a remedy for faulty goods for up to six years. The six-year period starts from the date you receive the goods.

If there is a problem with an item you have bought, it is up to you prove it to the seller.

If a problem with an item occurs in the first year after purchase, consumer law presumes that the problem has existed from the date you received the item. Within this first year, it is up to the business to prove that the item was not faulty when you received it and that any issue is due to wear and tear or misuse.

You should always act promptly if goods are faulty. The earlier you report a fault, the easier it is to prove that the fault existed when you received the item.

What to do when goods are 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 prove. If you bought in person, and it’s possible for you to do so, 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 goods, like cars, you might need to get a professional report to show that there’s a problem.

If you cannot resolve the issue informally, you may need to take formal action. This might involve asking to speak to the manager or writing a formal complaint. Knowing your consumer rights will help you to point out what the business or trader is legally obliged to do.

Most of the time, you will have no difficulty resolving the problem. The seller should know their obligations. They should know, for example that they must not:

• charge you for repairs
• charge you for a replacement
• expect you to pay the costs of returning goods to them.

If the business doesn’t resolve the issue, you should make a complaint.

What to do if the trader refers you to manufacturer

When you buy goods, your contract is with the business or sole trader that sold them to you. They are responsible for resolving any problem with the goods. You should not have to contact the manufacturer.

What about guarantees or warranties?

Your goods might have come with a guarantee that says the manufacturer will provide spare parts, repairs or offer a free replacement for problems within a particular period following purchase.
Guarantees and warranties are separate to your statutory rights (your rights set out in legislation). You can take goods back to the shop where you bought them, regardless of whether you have a guarantee or warranty.

If you did not pay extra for a warranty, or you have a guarantee that is now expired, you can still take your faulty goods back to the trader you bought them from up to six years after purchase. Your consumer rights still apply.

What about related contracts?

When buying goods, you may sometimes also opt for additional services such as gadget insurance or installation services (perhaps provided by a different business or trader). If there is a problem with the goods and you terminate the contract with the seller, the contract for related services is also automatically terminated, at no extra cost.

Disputes about faulty goods

Most sellers know their legal obligations. But if the goods are faulty, and you cannot resolve the problem, you can take further action, such as:

• making a formal complaint to the business or to the CCPC
• claiming money back through chargeback if you paid for the goods with a credit or debit card
• relying on the fault to withhold payment if you have not yet paid in full
• using the small claims procedure for a refund of the goods or repairs up to the value of €2,000.