Short-term right to terminate
If an item you have bought is faulty or otherwise doesn’t meet the terms of the sales contract – and it’s less than 30 days since you received it – you have a short-term right to terminate the sales contract and receive a refund.
If you buy something in a shop and take it away with you, the 30 day period starts immediately. If you order something for delivery, the 30-day period starts when you receive the item. If the goods were installed, the 30 days run from when the installation was completed.
What to do if there is a problem within 30 days
Contact the place you bought from straight away. Tell them what the problem is and tell them that you wish to terminate the contract.
It doesn’t matter how you contact the business – you can do this in person, over the phone, or in writing. It’s a good idea to do it by email in case there is a dispute later.
The business must offer a refund if a problem occurs within 30 days. However, you also have a right to choose a repair or a replacement if you prefer.
Sending the goods back
When you cancel, the business or trader should tell you the best way to return the goods. Often, this information is on the company’s website.
Make sure you tell the business that you are cancelling before sending anything back. Don’t just send things back without any explanation.
You might have to pay postage or delivery costs up front to send your goods back, but the business must reimburse you for this. It must refund the price you paid for the item and any return costs ‘without undue delay’ – at most within 14 days – after receiving the returned item. It’s a good idea to get proof of postage in case there is a dispute about when the goods were returned.
The refund, including any delivery or shipping charges, must be made either through the same payment method you used to buy the goods or through another payment method that you have clearly agreed to.
Exceptions to the short-term right to terminate
The short-term right to cancel does not apply to things that are expected to last for a shorter period than 30 days, like fresh food or flowers.
It also doesn’t apply if you want to return something only because you changed your mind about it.
Hire purchase agreements
When you buy goods through a hire purchase agreement, the owner of the goods is not the retailer but the finance company that leases the goods to you. Generally, however, you can return the items to the retailer for them to deal with any problems on your behalf. The finance company, as the owner of the goods, has the legal obligation to provide a remedy.
Warranties, Buy Now Pay Later and related contracts
When you buy something from a business, it might also offer add-on products or services from other providers, such as insurance, extended warranties, installation services or Buy Now Pay Later, which is a type of credit agreement.
If you cancel your consumer contract by exercising your short-term right to terminate, any related contract for insurance, warranties, installation or credit is automatically cancelled, at no cost to you. The business that sold you the goods is responsible for notifying any other providers about the cancellation.
What to do if a business refuses to refund you
The short-term right to terminate, or end, a contract has been a statutory right (a right provided by legislation) since November 2022.
Most traders know their legal obligations, but, if they don’t, you can show them this information.
If a business or trader refuses to refund you, you can take further action, such as:
- making a formal complaint to the business
- reporting the company to the CCPC
- claiming money back through chargeback if you paid by debit or credit card
- using the small claims procedure if the amount of the refund is €2,000 or less.
