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Consumer. What is a consumer?. Anyone who buys goods or services Buy books, groceries, go to cinema etc There is a CONTRACT between the buyer and the seller. Right to complain if there is a fault “I bought a CD and its faulty”. Responsibility to be informed
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What is a consumer? • Anyone who buys goods or services • Buy books, groceries, go to cinema etc • There is a CONTRACT between the buyer and the seller
Right to complain if there is a fault “I bought a CD and its faulty” Responsibility to be informed “I don’t want a credit note – I’m entitled to a refund.” Rights & Responsibilities
Responsibility • Consumer has a Right to quality goods but has a responsibility to: • Know the legislation - law • Know what agencies and organizations that can help
Informed Consumer • Know what you want • Compare price and quality • No unplanned buying – impulse buying • Avoid overspending • Knows rights
Complaint • Valid Reasons: • Misleading Ad - oversold • Faulty • Quality poor or unsafe • Overcharging – incorrect weight/price • Breach of contract
Not Valid Reason to Complain • Change of Mind • Tampered with goods • Fault pointed out at sale • Goods not returned within reasonable time
Law/Legislation to Protect • Sale of Goods and Supply of Services Act 1980 • Consumer Information Act 1978 • EU directive on food labelling
Sale of Goods and Supply of Services Act 1980 • Contract between Buyer and Seller • Products must be of a certain quality: • Merchantable quality • Fit for purpose • As described • Conform to sample • Services rendered with necessary skills and qualifications
Consumer Information Act 1978 • False or misleading information about: • Price – price list must be clearly displayed • Quality • Goods • Service • Director of Consumer Affairs = National Consumer Agency
Food Labeling • Clear & Legible • In common language – English/Irish • Name of food • Selling price • Unit price – in ltr or Kilo • Use by date • Ingredients in descending order of weight
Unit Price Price Quantity
Bar Codes • Black lines with numbers • Scanned and read at POS • Identify product and price • Less error • No individual pricing • Easy change price on computer • Stock control • Country of origin: 50 for Ireland and England
Signs • Signs that contradict the Law are illegal • Examples: • Damaged goods cannot be exchanged • No refund on damaged goods • Sale items – no exchange • Contact Manufacturer for refunds
REMEDIES • Replace • Repair • Refund
Credit note • Does not have to be accepted • May be acceptable to the consumer • Allows the consumer to buy again in the shop up to the specified amount • Usually valid for up to 6 months
Guarantee or warranty • A guarantee or warranty on a product gives additional protection to statutory protection • It is a written statement given by the manufacturer. The manufacturer will repair or replace an item within a set amount of time after it has been purchased. Guarantees are legally binding.
Steps to remedy • Stop using the goods - Identify problem • Act promptly - Contact seller – negotiate – stay calm – keep copies of docs • Put complaint in writing – record details – keep a copy • Contact trade organization or consumer organization – eg SIMI for motor, ITAA for travel • Contact consumer agencies – office of Director of Consumer Affairs=National Consumer Agency, Ombudsman • Small Claims Court
Agencies • Office of Director of Consumer Affairs=National Consumer Agency • Ombudsman • The Financial Regulator • European Consumer Centre (ECC) • The Advertising Standards Authority • The Consumers’ Association of Ireland • Citizens Information
National Standards Authority - NSAI • NSAI • Set safety and quality standards • NSAI – National standards authority of Ireland – standards for goods http://www.nsai.ie/default.aspx
NCA - Director of Consumer Affairs • The National Consumer Agency which replaced the Office of the Director of Consumer Affairs (ODCA) from May 2007 • Sale of Goods and Supply of Services Act 1980 http://www.consumerconnect.ie/eng/
Ombudsman • Ombudsman – for state agencies eg An Post, HSE, Dept of Agriculture etc • Ombudsman for Credit Institutions • Insurance Ombudsman • http://www.ombudsman.gov.ie/en/
Consumer Association of Ireland • Consumer Association of Ireland Voluntary association set up to protect the rights and interests of consumers in Ireland. • Publishes magazine ‘Consumer Choice’. • Independent/non government • Non-profit • http://www.consumerassociation.ie/
Small Claims Court Small Claims Court – District court • Expensive for Company and Bad publicity • Apply to registrar outlining complaint • Complaints up to €2000.00 • Small Fee - €9 – no solicitor needed • Refund • Replace • Repair • Compensation
Advertising Standards Authority • Investigates complaints about false, misleading, offensive adverts Power to have ad altered or withdrawn http://www.asai.ie/
Citizens Information • Citizens information can help you through the steps • Letter writing • Contacting trade organisation • Contacting NCA etc • Contacting Ombudsman • Small claims court • http://www.citizensinformation.ie/en/