3 Resolving consumer conflict Resolving consumer conflict Non

3 Resolving consumer conflict Resolving consumer conflict Non

3 Resolving consumer conflict Resolving consumer conflict Non legislative and legislative methods Sales of Goods and Supply of Services Act 1980 Small claims procedure Consumer protection Act 2007 National Consumer Agency Chapter 3: Resolving consumer conflict: legislative methods Resolving Consumer Conflict Both consumers and employees have rights Conflicts need to be resolved Legal methods may be needed if other methods fail Chapter 3: Resolving consumer conflict: legislative methods Resolving consumer conflict Both seller and buyer have responsibilities Caveat emptor let the buyer beware Consumers should not spend their money in a way they will later consider to be unfair Problems facing consumers Poor quality goods (e.g. from mass production) Poor after-sales service Misleading advertising (e.g. selling prices) Steps involved in resolving conflicts

in alegislative non-legislative Chapter 3: Resolving consumer conflict: methods manner Know Know you you rights: rights: Always Always be be aware aware of of your your rights rights as as aa consumer consumer and and try try to to deal deal with with people people in in aa conciliatory conciliatory and and friendly friendly manner, manner, even even when when you you feel feel you you have have been been badly badly treated. treated. Make Make contact: contact: Make Make contact contact with with the the retailer

retailer in in person, person, by by telephone telephone or or by by email. email. Make Make an an appointment: appointment: Make Make an an appointment appointment to to see see aa representative representative of of customer customer services. services. Use Use this this meeting meeting to to discuss discuss the the situation situation and and come come to to an an acceptable acceptable solution solution Negotiate Negotiate Compromise: Compromise: IfIf necessary, necessary, negotiate negotiate aa compromise compromise solution solution that that is is acceptable acceptable to to both both Third Third party: party:

IfIf direct direct negotiation negotiation is is unsuccessful, unsuccessful, seek seek advice advice from, from, or or the the services services of, of, an an independent independent third third party party such such as as the the Consumer Consumer Association. Association. Chapter 3: Resolving consumer conflict: legislative methods Steps involved in resolving conflicts in a legislative manner In Irish law there are two main pieces of legislation designed to protect the consumer: 1.Sale of Goods and Supply of Services Act 1980 2.The Consumer Protection Act 2007 Chapter 3: Resolving consumer conflict: legislative methods Sales of goods and supply of Services Act 1980 (part 1) Goods The 1980 act gives consumers certain legal rights regarding Goods: Merchantable quality: fit for normal use Fit for purpose e.g. waterproof jacket should keep out the rain As Described: Sale by description - goods should match the description e.g. Argos Correspond to sample: if goods are sold by sample, they should match the sample Ownership and quiet possession: seller has legal right to sell Contract for the sale of vehicles: vehicle must be roadworthy and free from defects. Guarantees: extra owner protection for period of guarantee Unsolicited goods: illegal to demand payment for these Conditions: if conditions not met, buyer can refuse to accept contract Warranties: minor part/statement in a contract Chapter 3: Resolving consumer conflict: legislative methods

Sales of goods and supply of Services Act 1980 (part 2) Services The 1980 act gives consumers certain legal rights regarding services Supplier must have qualification or skill to provide service Service must be provided with due care and attention Materials must be of merchantable quality The retailer is responsible for sorting out consumer complaint If products are faulty, consumer can choose any of the following redress (solutions) Repair Replacement Refund Chapter 3: Resolving consumer conflict: legislative methods Signs limiting liability are illegal Chapter 3: Resolving consumer conflict: legislative methods Small Claims Procedure Consumers can make claims for faulty goods or services Claims must not exceed 2,000 Two parties to a claim Applicant: person making the claim Respondent: person against whom claim is made Resolves minor disputes without expensive legal costs Most claims relate to holidays, electrical goods, dry cleaners and professional services

Small Claims Procedure cant enforce judgment but does have the majority of its recommendations accepted If the respondent chooses not to accept the recommendations then they can have the case heard in the District Court http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/224D3F40A61421D280256DA60 02EB56B?opendocument&l=en Chapter 3: Resolving consumer conflict: legislative methods FAQs II recently recently bought bought aa second-hand second-hand car car but but itit frequently frequently breaks breaks down. down. Ive Ive brought brought itit back back to to the the garage garage but but the the problems problems keep keep arising. arising. What What should should II do? do? In In the the case case of of aa second-hand second-hand car car you you still

still have have rights rights under under the the Sale Sale of of Goods Goods and and Supply Supply of of Services Services Act, Act, 1980. 1980. AA second-hand second-hand car car would, would, however, however, be be expected expected to to have have some some wear wear and and tear. tear. Therefore Therefore obtaining obtaining redress redress may may be be difficult; difficult; for for example, example, the the age age and and mileage mileage on on your your car car will will be be taken taken into into account. account. Chapter 3: Resolving consumer conflict: legislative methods

FAQs Do Do II have have to to accept accept aa credit credit note note in in place place of of faulty faulty goods goods rather rather than than aa refund? refund? AA refund refund returns returns the the payment payment to to the the consumer. consumer. AA credit credit note note is is like like aa voucher voucher -- itit can can only only be be redeemed redeemed in in that that retail retail outlet outlet and, and, in in some some instances, instances, ifif the the shop shop is is part part of of aa chain, chain, in

in that that chain chain of of shops. shops. This This will will depend depend on on the the terms terms and and conditions. conditions. You You should should carefully carefully consider consider the the terms terms of of aa credit credit note note before before accepting accepting it. it. You You do do not not have have to to accept accept aa credit credit note note as as aa form form of of redress redress where where the the goods goods are are faulty. faulty. Chapter 3: Resolving consumer conflict: legislative methods FAQs II bought bought aa good,

good, which which was was faulty. faulty. The The company company has has repaired repaired the the product product three three times times and and it's it's still still not not working. working. I've I've asked asked for for aa refund refund but but the the retailer retailer is is refusing. refusing. What What should should II do? do? IfIf you you purchase purchase faulty faulty goods, goods, you you are are entitled entitled to to seek seek one one of of the the three three forms forms of of redress redress outlined outlined in in the

the question question above. above. The The legislation legislation does does not not state state who who chooses chooses the the form form of of redress. redress. IfIf aa repair repair is is offered offered and and accepted, accepted, then then itit should should be be permanent. permanent. IfIf not, not, and and the the same same fault fault occurs occurs again, again, the the buyer buyer is is entitled entitled to to seek seek another another form form of of redress. redress. Chapter 3: Resolving consumer conflict: legislative methods FAQs II have have aa faulty faulty product

product but but the the store store policy policy states states they they won't won't accept accept returns returns after after 28 28 days. days. What What are are my my rights? rights? The The retailer retailer cannot cannot put put aa time time limit limit of of 28 28 days days on on the the return return of of faulty faulty goods. goods. This This period period generally generally refers refers to to the the retailer's retailer's policy policy regarding regarding consumers consumers exchanging exchanging goods goods that that are are not not faulty. faulty.

The The Sale Sale of of Goods Goods and and Supply Supply of of Services Services Act, Act, 1980 1980 covers covers faulty faulty products. products. While While this this does does not not stipulate stipulate aa time time limit limit for for the the return return of of faulty faulty goods, goods, itit is is the the consumer's consumer's responsibility responsibility to to act act promptly, promptly, bearing bearing in in mind mind the the cost cost and and expected expected lifespan lifespan or or "shelf "shelf life" life" of of the the product. product.

Chapter 3: Resolving consumer conflict: legislative methods FAQs FAQs What What are are my my rights rights in in "the "the sales"? sales"? Items Items that that are are sold sold in in aa sale sale or or at at aa reduced reduced price price are are treated treated no no differently differently in in law law to to goods goods sold sold at at any any other other time. time. But But ifif goods goods are are marked marked "imperfect", "imperfect", "shop "shop soiled", soiled", "seconds" "seconds" or or "sold "sold as as seen", seen", then

then you you have have been been made made aware aware that that they they may may not not be be up up to to the the standard standard of of new new or or perfect perfect goods goods and and the the price price will will usually usually reflect reflect this. this. Chapter 3: Resolving consumer conflict: legislative methods FAQs FAQs II have have aa faulty faulty product product but but have have lost lost my my receipt. receipt. Do Do II have have any any rights? rights? AA business business is is entitled entitled to to ask

ask for for proof proof of of purchase purchase before before providing providing redress. redress. The The onus onus is is on on the the consumer consumer to to establish establish when when and and where where the the item item was was purchased. purchased. This This is is why why itit is is so so important important to to keep keep your your receipts. receipts. Cheque Cheque stubs, stubs, credit credit card card statements statements and and bank bank statements statements can can also also be be accepted accepted as as proof proof of of purchase.

purchase. Chapter 3: Resolving consumer conflict: legislative methods FAQsFAQs In In what what circumstances circumstances might might aa seller seller refuse refuse to to offer offer redress redress for for faulty faulty goods? goods? Your Your legal legal entitlements entitlements may may be be diminished diminished in in the the following following circumstances: circumstances: IfIf the the goods goods complained complained about about have have been been used used for for some some time time IfIf there there has has been been an an undue undue delay delay in in making making the the complaint

complaint or or returning returning the the item item IfIf there there is is reason reason to to believe believe that that the the goods goods have have been been accepted accepted in in their their faulty faulty state state Chapter 3: Resolving consumer conflict: legislative methods National Consumer Agency (NCA) Established by the Consumer Protection Act 2007 Aims to promote consumer welfare Functions of the NCA Promotes and protects consumer interests Provides information on consumer rights Enforces consumer law Investigates suspected offences (e.g. misleading advertising) Prosecutes traders where appropriate Promotes trader quality assurance schemes Chapter 3: Resolving consumer conflict: legislative methods

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