Sale of Goods and Supply of Services Act
A very central and important piece of consumer legislation in Ireland, spelling out the rights and responsibilities of consumers and sellers.
It defines a consumer as someone who buys goods or services for personal use. Remember that you are not a consumer - and therefore don't have consumer rights under the Act - if the goods/services were:
- Given to you as a present
- Bought for commercial purposes - for a business rather than private use
- Bought for private use but are normally used for business purposes
- Bought from someone not in business (for example if you buy a second-hand car from an ordinary car owner whose normal business is not selling cars)
Selling price
The final price in euros - including VAT and all other taxes - that the consumer has to pay for a product/service.
Where products are goods covered by unit pricing requirements (such as many types of groceries), this is also the price for a given quantity of the product.
Goods which are past their 'best before' date still require a selling price.
Service charge
This can mean several things such as:
- The service charge that some restaurants add to the cost of your meal.
- Local authority service charges (for services such as domestic rubbish collections). To obtain tax relief for local authority service charges, you must have paid them in full and on time in the previous calendar year
- An annual management charge levied by private management companies on home owners in housing estates and apartment blocks for the upkeep of common areas etc
- Charges that service providers levy for particular services. For example you may have to pay your bank "service charges" on items in your monthly statement such as each standing order or bounced cheque.
Restaurants, hotels, pubs and other establishments selling food for consumption on the premises must have a price display, and if service charges or other extra charges apply, the notice must state this clearly too.
Service contract
The contract you create between you, as a consumer, and a service supplier whenever you engage a service. This agreement is enforceable by law, and can be written or oral.
Its terms must always be fair and clear to the consumer, and both parties should be clear about what their obligations are.
As a very minimum you should always ensure that you know the price of the service and the time it will take to complete the agreed work. Many service contracts are for a specified minimum term, for example 12 months.
Shared Ownership Scheme
Or SOS - is aimed at people in Ireland who cannot afford to buy their entire home in one go.
You buy a proportion of your home to begin with, increasing that proportion in steps until you own the whole house. Until then, its ownership is shared between yourself and the local authority.
You make mortgage payments for the part you own and pay rent to the local authority. To apply, contact your local authority.
Signing-off letter
A letter from an organisation or business you are in dispute with (over, say, some faulty goods), showing that you have exhausted its complaints procedures.
You will need this signing-off letter if the organisation or business comes under an ombudsman scheme (Financial Services Ombudsman, Pensions Ombudsman etc) and you want to use the ombudsman's arbitration service.
The letter allows you to take the case to the Ombudsman, whose findings are normally binding on the firm but not binding on you. You still have the right to take court action independently if you are unhappy with the ombudsman's findings.
Sinking fund
Some housing schemes and apartment blocks have a management company to take care of certain common areas and shared resources on behalf of all the home owners.
This company will use the money its gets from its members to budget for ongoing maintenance and other items such as future painting or re-carpeting. It may also have a sinking fund (or rainy day fund) for longer-term or unforeseen expenses.
Small claims
The Small Claims Court procedure provides consumers with a cost-effective method of commencing and dealing with a civil proceeding in respect of a small claim.
The court aims to provide a cheap, fast and easy way for consumers to resolve disputes without having to employ a solicitor. It handles claims up to €2,000, and the service is provided in your local district court office.
Where possible, the Small Claims registrar will negotiate a settlement without the need for a court hearing. If the matter cannot be settled the registrar will bring your claim before the District Court.
To be eligible, you have to be a consumer - i.e. you have to have bought goods or services for private use, and from someone selling them in the course of their business.
Some of the main complaints to the court are about package holidays, cars and electrical goods. The court also used to handle claims over the non-return of rent deposits by landlords. This is now handled by the Private Residential Tenancies Board.
Snag list
A list of any snags (problems or defects) that should be drawn up when you are inspecting a newly built home.
You should give the snag list to your builder so that they can be rectified before you complete the purchase.
Spam
Unsolicited junk email, especially commercial advertising in mass quantities.
Spam is usually unwanted, irrelevant, or inappropriate. Sending spam from within Ireland for direct marketing purposes is now an offence in some situations. The regulations are enforced by the Data Protection Commissioner, and other European countries are adopting similar laws.
If a spammer is successfully prosecuted, they can fined up to €3,000 per message sent.
Read the guide to spam and the law on the Data Protection Commissioner's website.
SSIA
A Special Savings Incentive Account - a Government initiative to promote saving.
Statutory rights
"Statutory rights" basically mean your legal rights as a customer under Irish and EU consumer legislation.
For example, in sale contracts or adverts for products or services you may come across phrases such as: "Nothing contained in these terms and conditions will affect the statutory rights of the purchaser or the recipient in relation to the quality, fitness or description of the goods supplied."
Or you might read or hear how "Your statutory rights are not affected," or "Our code of practice does not affect your statutory rights as a consumer."
Structural survey
An inspection of a property by a qualified surveyor on behalf of - and paid for by - the buyer.
A structural survey should not be confused with a valuation report or valuer's report - a valuation of a property done by someone appointed by the lender.