Selling products

Consumer law requires that you must always provide a product as outlined in the contract. The contract can be in writing or verbal.  These responsibilities are known as subjective obligations. Your product must:

• Be fit for the agreed purpose
• Match the description, type, quantity, and quality agreed
• Include all accessories, instructions, and spare parts covered in the contract
• Be installed correctly by you, where applicable
• Include information on digital updates that support the product, where relevant

• Be fit for all normal purposes
• Have the qualities and features of similar goods (for example, functionality and compatibility)
• Be durable and maintain performance under normal use
• Match any advertisements or labelling
• Be the same quality and description as any samples provided
• Include spare parts (if covered in any description of the goods, offer or adverts)
• Include accessories and instructions a consumer would reasonably expect
  

When do these obligations not apply?

• You told the consumer the product did not meet a particular requirement and they accepted it
• The issue is due to normal wear and tear, accidental damage, or misuse
• The consumer did not install a digital update that was needed for the product to work properly, and
• There was no issue with the installation instructions you provided
• The consumer knew what would happen if they did not install it

What types of products are covered by consumer law?

• All physical movable items
• Goods that depend on digital content or a digital service to function (for example, a mobile phone that uses operating software)
• Second-hand items

How long do your obligations to consumers last?

Consumers can seek remedies for up to six years from the date they received the goods. During the first year, you must prove the product was not faulty when delivered. After the first year, the consumer must prove the fault existed.

How should you resolve product issues?

• At no cost to the consumer
• Within a reasonable time (the shortest possible time to fix the issue)
• Without significant inconvenience to the consumer

What is the short-term right to cancel?

As well as asking for a repair or replacement, consumers have a short-term right to cancel and receive a full refund if they report a fault within 30 days of receiving the goods. They must inform you that they are ending the contract and return the goods at your expense without delay. 

When issues occur, you must repair the product or provide a replacement to the consumer. It is up to the consumer to decide if they want a repair or replacement.

• Complete it within a reasonable time
• Without significant inconvenience to the consumer
• Free of charge
  

For a replacement, you must provide like for like goods to the consumer:

• Within a reasonable time
• Without significant inconvenience to the consumer
• Free of charge
  

The consumer must:

A consumer can end a contract and receive a refund if:

• The fault is serious 
• You fail to resolve the issue 
• You did not complete the repair or replacement within a reasonable time
• Previous attempts to resolve the issue have failed.

If the consumer is entitled to a refund, to end the contract, the consumer must:

• Inform you that they are ending the contract
• Return the goods to you, at your expense and without undue delay

You have to refund the consumer for the cost of the goods. You must:

• Give the consumer the refund within 14 days of receiving the returned goods
• Use the same payment method the consumer used to buy the product, unless they agree otherwise
• Cancel any other service the consumer ordered with you as part of buying the goods – for example, stain insurance for a sofa

• Send them the refund for the price reduction within 14 days
• Use the same method of payment they used to buy the product unless they agree something different
• Not charge any extra fees

If the consumer has not fully paid for the goods, they can consider withholding payments that are due to you until you resolve their issue. The amount they withhold must match the reduction in value due to the issue.

Under consumer law you must give certain information to consumers before they buy. The information you have to provide will depend on where  you agree the contract:

• In a physical store
• On the consumer’s doorstep
• At a distance, for example, online, mail order or by phone

Before any sale, you must provide key information in a clear and understandable way. This must be provided before they agree the contract to buy your product. If there is a dispute about what information was provided, it is up to you to show you gave this information to the consumer. This information includes:

• Your business name, address, and phone number
• Product details and total price (including VAT), or where the price cannot be calculated in advance, you must inform the consumer how it will be calculated
• Any additional charges, such as delivery costs

Information on cancellation rights and the length of the contract

For distance or doorstep sales, you must also provide:

• Your email address and your other online communication channels
• Details on payment and performance
• Details on delivery

When it applies, you should also provide consumers with the following information:

• How to cancel the contract when it does not have a fixed length or automatically renews
• That the price is calculated based on a customer’s profile or online behaviour
• The conditions that apply to deposits

After the contract is agreed, you must give the consumer a copy of the signed contract or confirmation within a reasonable timeframe, on paper unless they agree otherwise.

• Always knows when they are making a payment. This means that when they order by clicking a button, it must be clearly labelled with words indicating ‘obligation to pay’ or similar.
• Can clearly indicate that they want any other products or services you offer. This means you cannot use pre-ticked boxes for additional payments.
• Should be able to review the full T&C's prior to concluding an online or distance contract.
  

• How you rank the results for their online search
• Whether the seller on your platform is a business or consumer
• That the consumer is not protected by consumer law when the seller is also a consumer
• How consumer law obligations are shared between you and the seller/ business

The information should be in simple language and easy to find. It should also be accessible from where the product is offered for sale. For example, a link is provided to the information. 

In a physical store a business does not have to provide the above information for everyday, low value items or where the information is already clear. Contracts with a value less than €50 that you agree with the consumer at a distance are also exempt.What are the consumer’s cancellation rights?

Consumers have a withdrawal period when a product is bought online, over the phone or on the consumer’s doorstep. This means they have a legal right to withdraw from the contract and get a full refund.

What are the business’ obligations if a consumer withdraws from a contract?

The business must:

• Inform the consumer of their right to cancel, including information on how to do it, timescales, that they must pay the cost of returning the goods when it applicable and what the costs will be when the consumer cannot return the goods by post
• Provide a cancellation form on paper, unless agreed otherwise
• If it applies, provide a refund no later than14 days after the consumer cancels the contract or you receive the returned goods using the same payment method they paid with, unless they agree otherwise
• Cancel any other service the consumer ordered with you as part of buying the goods – for example, stain insurance for a sofa

If you fail to inform them of their right to cancel: 

• The cancellation period extends to 12 months from the date it was due to expire if you had provided the information

If you provide the information within this 12-month period, the withdrawal period expires:

• 14 days from the date the consumer receives the information for distance sales
• 30 days from the date the consumer receives the information for doorstep sales
  

What are the consumer’s obligations when they have the option to return goods?

When a consumer has the option to return goods, they must:

• Let you know within the withdrawal timescale
• Inform you in writing, if possible, where they don’t have to use your cancellation form
• Return the goods to you within 14 days of cancelling
• If there is a dispute, it is up to the consumer to show they used their right to cancel  

The consumer has the right to open the goods and inspect them and try them within reasonable expectations i.e. that they try on the dress or check the suction on their new vacuum and does not have to be returned unopened in the original packaging.

Under s.118(6)(b) - ’consumer is liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning’.

When does the right to cancel not apply?

The right to cancel does not apply to:

• In-store purchases
• Custom-made or personalised goods
• Goods not suitable for return for health/hygiene reasons that were unsealed by the consumer after delivery
• Goods that deteriorate or expire quickly

What are your responsibilities regarding contract terms?

Consumer law sets out requirements for transparency in contracts as well as a legal framework on unfair terms. This is to ensure that the terms in your contract do not cause harm to consumers. Contracts must be transparent and fair. 

For more details, see our guide to unfair terms.