Consumer protection law means that you and the business should agree how the fault will be sorted out. Your contract is with the retailer or business that sold you the item so if there is a fault, it is up to them to fix it and not the manufacturer. In all cases you should act quickly. You can ask for a refund, repair, replacement or reduction in price as a solution. However, the law doesn’t set out exactly what you are entitled to when you return a faulty item, so it is up to you to negotiate with the business. The information below will help you understand your options and to come to an agreement. You don’t have a right to return something if the fault with it was pointed out to you before you bought it.
You have the following options:
Reject the item – full refund
If you buy something and it does not work you are entitled to reject it and get a refund from the business. Examples include a new washing machine which fills with water but does not spin or drain, or a new TV with no sound.
Both of these examples involve a major fault with the item. If the business fails to repair or replace the item within a reasonable timeframe, you can request a full refund.
Repair
If you discover a fault you are entitled to have the item repaired or replaced free of charge – provided you did not cause the damage. If the fault occurs within the first six months of owning the item, it is considered that the fault was there when you bought it. In general, the seller can offer to repair the item first. This should be a permanent repair and the problem should not reoccur. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can say no – but if you do this, you may have to use the Small Claims process if you want to take the matter further.
Remember, a retailer may charge you for a repair if you are responsible for damage to an item.
Replacement
If it is impossible to repair the item, or if it is more convenient than repairing it, then the seller may replace it for you. For example, if you bought a laptop and it overheated, causing significant damage, it may be very difficult or even impossible for the seller to fix the laptop so they may offer to replace it instead. If you opt for a replacement, it should be the same as the item you bought, or of similar quality and price. You should not have to pay extra for a replacement and should be given the difference in price if the replacement costs less than the item you originally bought.
Price reduction
If the item has been repaired or replaced and it is still not working as it should, you could ask for a reduction in the price you paid for it, if you are happy to put up with the fault. For example, you bought a bicycle with 21 gears which developed a fault and needs to be repaired. After the repair you are told that the bike now only has 18 working gears. You may still be happy to keep it with 18 working gears, but you could ask for a reduction in the price you paid for it.
Act quickly. If there’s a problem, the sooner you try to resolve it, the better. You should return to the shop, explain the problem and tell them if you would like a repair, replacement or refund. If you are not happy with their response, you should write a letter of complaint to the head office. Here are some template letters to get you started.
The Small Claims process is a relatively cheap, fast and easy way to resolve issues. The application fee is €25 and you can use it for claims worth up to €2,000.
Another option, if you paid by debit or credit card, is to try and have your bank reverse the transaction. This is called a chargeback. You will need to show evidence that you tried to resolve the issue directly with the retailer first.
If an item has a fault and the business offers to fix it, the repair should be permanent and the problem should not reoccur. Where the same fault happens again, you can ask for a replacement or a refund. The business is not allowed to insist on doing a certain number of repairs before they offer you a replacement or refund.
It is an offence for a business to make a statement that implies your consumer rights are restricted. Under consumer law, you have the right to expect that goods you buy are of merchantable quality, fit for the purpose they were bought for and as described. A retailer can’t try to limit this right in a sale. If you have a complaint about a faulty item, shop notices such as “No Refunds” or “No Exchanges” do not limit your rights. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer protection law if the goods are faulty. Your rights don’t change just because you bought the item in a sale. However, it may be the case that the shop won’t offer an exchange or refund on sale items if you change your mind about the item and want to return it for that reason.
The law does not state a specific time limit to return a faulty item. The outcome you get will depend on how long the item was used and also the length of time it took you to return it, so bring it back as soon as you can. As the consumer, you are the person responsible for noticing if there is a problem or fault with something you bought and you must act quickly to tell the business that you have found a problem.
The shop is entitled to ask you for proof of purchase, but this doesn’t have to be the shop receipt. You could show your credit or debit card statement if you used one or any other documentation that proves it was bought in that particular shop or retail chain.
If you received a gift and need to return it because it is faulty, you will need to show proof of purchase. This can be a gift receipt, which you may need to get from the person who bought the item.
If an item you bought at full price turns out to be faulty and is now on sale, you are entitled to a refund of the full price or a replacement of the same value. You do not have to accept a refund of the lower sale price if the goods are faulty. However, if you were told about a fault in a product before you bought it, for example, a dress reduced in price because of a faulty zip, then you may not be entitled to a refund, repair or replacement. If the shop clearly marks the items as soiled, seconds or ex-demonstration models, it is warning you of their likely condition. If you buy the goods, you are accepting them in this condition.
A guarantee or warranty gives you additional protection. However, if something goes wrong, you still have consumer rights, regardless of any warranty or guarantee. Often warranties can be more generous, but they do sometimes have exclusions and many run out after one year, while your consumer rights don’t.
