the consumer

GENERAL FACTS

A consumer is anyone who buys goods or services for their own use.

A good consumer will always:

·     Buy good quality goods and services.

·     Check out prices in a number of retailers.

·     Know their legal rights.

·     Know who to go to if they have a problem.

·     File their receipts carefully.

·     Avoid impulse buying.

A brand is the identity of a particular product. It usually refers to the manufacturer of the product.

False economy: This is a situation where we buy something that costs less than other brands or seems to be better value but turns out to be more expensive in the long run.

2 pieces of consumer law

There are two pieces of consumer law:

·     The sale of goods and supply of services act, 1980.

·     The consumer protection act, 2007.

The sale of goods and supply of services act, 1980.

·    All goods sold must be of merchantable (good) quality.

·    All goods must be fit for the purpose intended by the buyer.

·    Goods sold by description e.g. by a salesperson must match the description.

·    Goods sold must match the sample.

When a service is supplied:

·     The person supplying the service, e.g. the plumber must have the necessary skill to carry out the service

·     They must do the job properly.

·     Any materials used must be of good quality.

The consumer protection act, 2007

·    Sets up the National consumer agency.

·    Protects consumers against unfair practices.

·    Retailers must not say anything false about the goods they sell.

·    Service providers must not say anything false about the services they provide.

·    Retailers must not say anything false about the price of the product, the previous price of the product or the recommended price of the product they sell.

·    Advertisers cannot say anything in an advertisement which is likely to mislead or confuse the public.

Guarantees and warrantees

Guarantees:

A guarantee is a promise from a manufacturer to offer a refund or a replacement to consumers who have purchased faulty goods.

Warrantees:

A warranty is an additional promise from a manufacturer or seller to repair damaged goods within a stated period of time.

The following should be written on a warranty guarantee.

·     The name and address of the person offering the warranty/ guarantee.

·     The length of time the guarantee /warranty is valid for.

·     Goods that break or stop working within the guarantee period must be returned to the shop where the items were purchased.

If faulty goods are returned, the consumer has a choice of:

The 3 R’s

·     A full refund, your money back.

·     A replacement product instead of the one you returned.

·     A repair of the product if this is what the customer agrees to.

Redress: means solution or remedy to the problem, this means the consumer can choose a redress of the 3 r’s.

·     If the consumer cannot produce a receipt and/ or has used the product the before it stopped working; they may be entitled to a credit note e.g. a voucher from the shop to the value of the goods returned.

The good consumer will be aware of the agencies and organizations that can help them if they have a problem:

·     The national consumer agency

·     The ombudsman

·     Consumer association of Ireland

·     Consumer advice programmes

·     The small claims court

·     The advertising standards authority of Ireland

·     Trade associations

National Consumer Agency

·     Investigate complaints from consumers about misleading advertisements.

·     Investigate any retailer who carries out unfair trading practices.

·     Make sure the correct information is placed on the labels of food products.

·     Make sure products sold in Ireland are of an approved standard. 

The ombudsman

·   Representative of the people.

·   Investigate the complaints by members of public who have a problem with certain organizations.

·   State ombudsman, Financial services ombudsman.

Consumer association of Ireland

·   Help consumers understand their rights.

·   Help the government plan new consumer laws.

·   Produce a magazine called consumer choice.

Small Claims Court

·   Consumers who have purchased a faulty good or service can contact the small claims court.

·   Inexpensive as no solicitor is required, fee of 25 euros submit the complaint.

·   The maximum compensation available is 2000 euros.

·   You are required to attend the hearing in the hearing district.

·   The judge will listen to both sides and study any evidence and then will make a decision.

Advertising standards authority for Ireland

·   It monitors advertising and investigates complaints from members of the public who find advertisements offensive, upsetting or untruthful.

·   If an advertisement is in breach of the code it must be withdrawn or amended.

Trade associations

·     An organization that represents all firms that sell a particular object.

·     Examples include:

·     The Irish travel agents association(ITAA)

·     The society of  the Irish motors industry(SIMI)

·     The register of electrical contractors(RECI)

When writing a letter of complaint

·   Always start the letter on a new page.

·   Always be neat and tidy.

·   Always use good punctuation, grammar and paragraphs.

·   Always plan out the letter before you write it.

·   Ensure to sign the letter.

·   Ensure dates and addresses are correct.