Faulty goods FAQs
Q1. What are my rights in respect of faulty goods?
The Sale of Goods and Supply of Services Act, 1980 gives legal rights to consumers in their dealings with retailers and service suppliers. The Act empowers consumers to take action for themselves. Most issues under the Act are civil legal matters to be dealt with between the parties to the contract.
Under the Act, goods should be:
- Of merchantable quality - the goods are of an acceptable standard
- As described - false or exaggerated claims must not be made by the seller
- Fit for intended purpose - be fit for the purpose they were bought for
- Correspond to the sample
Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.
However, if a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, then the buyer is entitled to seek another form of redress from the list.
You can also reject the retailer/supplier's offer if you wish to seek another form of redress. If you do, you may have to take the matter to the courts to have it resolved.
Q2. I recently bought a second-hand car but it frequently breaks down. I’ve brought it back to the garage but the problems keep arising. What should I do?
In the case of a second-hand car you still have rights under the Sale of Goods and Supply of Services Act, 1980 (see Question 1 above).
A second-hand car would, however, be expected to have some wear and tear. Therefore obtaining redress may be difficult; for example, the age and mileage on your car will be taken into account.
You may wish to have an independent mechanic check the car out on your behalf and write a report on the fault that has occurred. If the report states that the fault should not be occurring in a car of its age and condition, then you may be able to use this report to make a claim against the garage.
Firstly, we suggest you make a complaint to your garage. Read our complaint guide, which contains important information on the steps needed to make an effective complaint.
If, after contacting a senior manager at the garage, the issue is not resolved to your satisfaction, it may be worthwhile contacting the Society of the Irish Motor Industry (SIMI) about this issue. SIMI will only handle your complaint if the garage from whom you bought the car is a member.
You can contact SIMI at:
The Society of the Irish Motor Industry,
5 Upper Pembroke Street,
Dublin 2,
Ireland.
Tel: (+353) 01 6761690
Fax: (+353) 01 6619213
Web: www.simi.ie
Email: info@simi.ie
If the garage is not a member of SIMI and it continues to refute your claim for redress, you would then need to seek legal advice on the matter if the amount of money involved is above the limit for the Small Claims Court (€2,000).
If you feel that you have purchased a vehicle that is unroadworthy you may also wish to inform your local Garda station.
Read our Guide to Buying a Car for consumers.
Q3. If I have a problem with faulty goods, where should I go to?
When you make a purchase, your contract is with the seller of the goods and if there is a problem with the product it is up to the seller to put things right.
However, depending on the nature of the product and the problem arising with it, you may find it more convenient to deal directly with the manufacturer.
This could arise, for example, where call out arrangements need to be made with the servicing staff of the manufacturing firm.
In such circumstances, you should make it clear to the company from which you purchased the product that your contract is with them.
Dealing directly with the distributor/manufacturer does not exempt the seller from their obligations if their further involvement is required.
Q4. How can I seek redress in the case of faulty goods? Will the NCA intervene on my behalf?
You should complain directly to the company. For more information on how to make an effective complaint see our consumer complaint guide.
The NCA's role is to empower consumers by raising awareness of their rights. Due to the large volume of contacts we receive, we cannot become involved in individual civil cases or mediate on behalf of individual consumers where disputes have arisen.
Q5. I bought a good, which was faulty. The company has repaired the product three times and it's still not working. I've asked for a refund but the retailer is refusing. What should I do?
If you purchase faulty goods, you are entitled to seek one of the three forms of redress outlined in the question above. The legislation does not state who chooses the form of redress.
If a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, the buyer is entitled to seek another form of redress.
If you are not happy with the seller's final offer you have a right to take legal action. A case can be taken through the Small Claims Court for amounts up to and including €2,000.
It should be borne in mind, though, that if the seller has made a reasonable offer to you, the court would most likely take this into account. There are no hard and fast rules and each case has to be taken on its own merits.
Q6. I have a faulty product but the store policy states they won't accept returns after 28 days. What are my rights?
The retailer cannot put a time limit of 28 days on the return of faulty goods. This period generally refers to the retailer's policy regarding consumers exchanging goods that are not faulty.
The Sale of Goods and Supply of Services Act, 1980 covers faulty products. While this does not stipulate a time limit for the return of faulty goods, it is the consumer's responsibility to act promptly, bearing in mind the cost and expected lifespan or "shelf life" of the product.
Q7. In what circumstances might a seller refuse to offer redress for faulty goods?
Your legal entitlements may be diminished in the following circumstances:
- If the goods complained about have been used for some time
- If there has been an undue delay in making the complaint or returning the item
- If there is reason to believe that the goods have been accepted in their faulty state
In these instances, you may only be entitled to a repair or partial refund or to no redress at all. There are no hard and fast rules as each case has to be considered on its merits.
You have no right to redress for:
- Faults that are due to the misuse of the goods
- Faults which were pointed out at the time of purchase
- Superficial faults which should have been obvious at the time of purchase
The onus is on you to make a reasonable examination of the goods before purchase.
Q8. I recently purchased goods from an online store. When I received the goods they weren't working. I’ve received a refund for the cost of the goods from the company but not for the cost of returning the goods. Am I entitled to get my delivery charge returned since the product was actually faulty?
Under the Distance Selling Regulations 2001, where a good is faulty the consumer should not be at a loss for the costs of returning the faulty good to the company.
This, however, only applies to websites based in European Union member states. European websites must include a geographical address so that the consumer can locate the seller in the event of a problem.
We suggest you contact the seller quoting this piece of legislation and asking them to refund you the cost of returning the faulty goods.
If after going through the complaints process, the company refuse to refund you this money, you may wish to proceed through the Small Claims Court if the website is based in Ireland. You should also inform the National Consumer Agency, who can follow up with the trader.
If the site is based in another member state, you should contact the European Consumer Centre (see link below) for further information.
However, if you have simply changed your mind about the goods you are returning then the company may ask you to pay for the cost of the return. We suggest consumers make themselves aware of the terms and conditions when it comes to returning unwanted goods.
Q9. I have a faulty product but have lost my receipt. Do I have any rights?
A business is entitled to ask for proof of purchase before providing redress. The onus is on the consumer to establish when and where the item was purchased. This is why it is so important to keep your receipts.
Cheque stubs, credit card statements and bank statements can also be accepted as proof of purchase.
Q10. I recently bought electronic equipment for my business. The goods appear to be faulty. What can I do?
A person comes within the legal meaning of the term "consumer", where they buy goods or services for their personal use or consumption from someone who sells or provides them in the course of a business and the goods are ordinarily supplied for private use or consumption.
If you purchased the goods in the course of your business, you will not ordinarily be protected by consumer legislation. This is now regarded as a "civil" matter and you may need to seek legal advice.
The NCA's corporate website provides information for businesses which you may find helpful. Check out business guides
Q11. I have a faulty good but my guarantee is out of date by one month. Is there anything I can do?
A guarantee/warranty is a bonus and cannot affect or diminish your statutory rights with the seller. A guarantee/warranty is a written statement given by a manufacturer or a company indicating they will repair or replace a product within a specified time after it was purchased. You may decide to claim under a guarantee during its period of validity, but cannot be obliged to do so.
Therefore you may, if the reasonable lifetime of a given product exceeds the time period of any warranty, pursue the seller in respect of your statutory rights - 'The Sale of Goods and Supply of Services Act, 1980'. If the trader refuses to offer redress for the faulty goods and you have exhausted all other options you may wish to pursue the matter with the Small Claims Court.
A guarantee may be useful to a third party, however, as it extends to anyone possessing the goods during the guarantee period. This contrasts with the statutory rights of a purchaser, which extend only to the original purchaser of a good and not to any subsequent recipient or owner of that product. This distinction in important to note in respect of items given as gifts or the purchase/use of second hand items.
Related links
Learn more about returning faulty goods
Get more information on going to the Small Claims Court
Download a Small Claims Court application form
Learn how to make an effective complaint
Visit the website of the European Consumer Centre
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