CHRISTMAS SHOPPING AND SOME UNHAPPY RETURNS
We will all purchase gifts prior to, and after Christmas, for ourselves, or for others. We may not like the jumper purchased for us, or it may be a size too big (hopefully). The question often arises as to when, and in what circumstances, am I entitled to return these goods, either purchased by myself, or by somebody else, for me.
LEGITIMATE REASONS TO RETURN GOODS
Consumer law in Ireland provides that you can return goods, if the goods are not fit for their intended purpose (faulty), do not match the description given for them, or do not match the advertisement relating to them. The relevant law is set out in the Sale of Goods and Supply of Services Act, 1980, The European Communities (Misleading Advertising) Regulations, 1988, the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 and 2000, and the Consumer Protection Act, 2007.
In such circumstances, the retailer/shop has three options – to offer a refund, a repair or a replacement. The shop is not obliged to furnish a refund, if it can offer either to replace, or repair the faulty goods.
The shop cannot force you to deal directly with the manufacturer. The shop sold the goods to you and they are responsible for them.
The rights outlined above apply to all purchases, either during sales, or outside sales periods, all year round. If you purchase a product for €100, and you return it during a sale, where the same product has been reduced to €50, and you are offered a refund, you must be refunded the price you actually paid for the product.
In order to return goods, you must show proof of purchase. A receipt is normally required. However, if it has been lost, a credit card receipt or other proof of purchase will suffice.
If the shop refuses a refund, or a replacement, or a repair, then you can issue a complaint to National Consumer Agency. It is illegal for a store to place notices in the store which restrict your rights as a consumer.
If the shop opts to refund you, the shop cannot insist that you take the refund in the form of a credit note, or voucher, provided that you have returned the goods solely because they are faulty.
NON-LEGITIMATE REASONS TO RETURN GOODS
Contrary to popular opinion, you cannot insist on the return of goods just because you don’t like them, or because you changed your mind, or because the goods are the wrong size. The larger multiples do operate refunds policies, no matter what the reason, for the return. However, they have no legal obligations, other than to refund, repair, or replace faulty goods. Therefore, it is very important that you check the shop’s refund policy, prior to purchase, as otherwise, you may not be able to return the goods.
If there is a returns policy in the store, then you should check the time limits for returns, and whether a cash refund policy exists, or a voucher system is in operation. Shops operate a returns policy, at their own discretion, in relation to anything above your statutory entitlements. They do this, as a goodwill gesture, to encourage you to shop with them again. It normally works to serve that purpose. The period during which returns are offered will normally be reduced, in the case of major sales periods. It is important to note the time period for returns, if buying during the Christmas sales, prior to completing the purchase.
GIFT VOUCHERS
The most important item to check, regarding gift vouchers, is the date of expiry of the voucher. Some stores may extend the date, but it is entirely at their discretion. It is also important to check that the voucher can be used at any branch, or outlet, of the chain store, and not just at the particular shop where the gift voucher is purchased.
Patrick Mullins
Solicitor and CEDR Accredited Mediator
BDM Boylan
Solicitors
Clarkes Bridge House
Hanover Street Cork.
021 -4313333
pmullins@bdmboylan.ie
www.bdmboylan.ie