Be Aware *** EU law that gives consumers a two-year guarantee on goods ***

CADman

Be Aware *** EU law that gives consumers a two-year guarantee on goods ***

What makes a bargain; I believe this is a major factor, everybody should be aware that EU law gives consumers a two-year guarantee on goods.

This appeared in the Daily Mail early to day Monday 25th June.

http://www.dailymail.co.uk/news/article-1187190/EU-law-gives-consumers-year-guarantee-goods-kept-secret-retailers.html


Can anybody throw light on how it is being applied in the Republic 0f Ireland?

I will be very interested to what the reaction of the retailers will be!

Will there be a general price increase across the board to cover the cost?

I await your views

Cheers

whiterebel

Consumer issues would be better for this? Besideds if you read the relevant Stautory Instrument, it doesn't say that we get two years, our Sale of Goods Act gives us longer protection than that, apparently.

CADman

whiterebel

To answer your question as to where this issue should be posted, I will leave to the mods, but as I stated I believe this to be a major factor when deciding what is a bargain!

Where do I find the “relevant Statutory Instrument”, you referred too?

Until I read the article I was under the impression that it only 12 months protection, as I think do most people, of this I may be wrong

CADman

whiterebel

CADman wrote: »

whiterebel

To answer your question as to where this issue should be posted, I will leave to the mods, but as I stated I believe this to be a major factor when deciding what is a bargain!

Where do I find the “relevant Statutory Instrument”, you referred too?

Until I read the article I was under the impression that it only 12 months protection, as I think do most people, of this I may be wrong

CADman

We should be aware of this whether a bargain or not. The reason I suggested it to move to Consumer issues, is has been regularly discussed there.

Our SI is no 11 of 2003. The european directive is http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=31999L0044&model=guichett
but according to Conor Pope and others certain parts weren't implemented in Ireland as we were afforded greater protection under the sale of goods act, as they are in the UK.

whiterebel

And from the Sale of Goods Act 1893:

"(3) Goods are of merchantable quality if they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances, and any reference in this Act to unmerchantable goods shall be construed accordingly.


(4) where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgement."


Thats apparently where we should get better protection than the 2 years. A judge should see it is unreasonable that a playstation won't work, you would think

Basq

Moved to Consumer Issues.

ninty

I think this post is very relevant to bargain alerts as i have bought many electrical items up the north in the last year, its great to know i have an extra year guarantee. Thanks Poster, the 1983 sale of goods act is open to a lot of different interpretations, 2 years guarantee in the hand is worth more than 2 days in the small claims court.

CADman

whiterebel
basquille
ninty

Thank for your replies

But still believe this issue be of interest in the Bargain Alert forum.

How can you judge what is a bargain without knowing all the relevant details (without going to deeply).
As previously stated, I for one was under the impression that it was only 12 months protection.


I would also like to point out that many of the items posted in the Bargain Alert forum are bought on the internet from else where in the EC.


Cheers

CADman

whiterebel

CADman wrote: »

whiterebel
basquille
ninty

Thank for your replies

But still believe this issue be of interest in the Bargain Alert forum.

How can you judge what is a bargain without knowing all the relevant details (without going to deeply).
As previously stated, I for one was under the impression that it was only 12 months protection.


I would also like to point out that many of the items posted in the Bargain Alert forum are bought on the internet from else where in the EC.


Cheers

CADman

Again, we should know our entitlements for EVERYTHING we buy, not just bargains. Buying new car isn't usually a bargain, but we should be aware of our consumer rights.

ninty

Would be interested to hear if anybody has gone back with a faulty car,fridge,cooker,tv etc.after 3 to 5 years to a seller and pleaded the durability arguement and received any satisfaction.Again i would trade it anyday for the definite 2 years guarantee.

steve 0

whiterebel wrote: »

Thats apparently where we should get better protection than the 2 years. A judge should see it is unreasonable that a playstation won't work, you would think

So should Sony replace/refund a Playstation that's no longer working but outside of the stated 1 year guarantee?

whiterebel

steve 0 wrote: »

So should Sony replace/refund a Playstation that's no longer working but outside of the stated 1 year guarantee?

I don't think its reasonable that a €500 games console won't play games after 14 months, and I doubt a Judge would either, therefore Sony should replace it. They did for me after 14 months, but I didn't even have to argue with them.

ninty

maybe goods should come with a conditional durability label thus avoiding the need for a judgement, which lets face it puts a lot of people off exercising their rights.I think the Playstation 3 like the Xbox 360 due to their teething problems are getting free extended guarantees.

ch750536

http://stopmoaningaboutireland.blogspot.com/2009/05/warranty-guarantee.html

whiterebel

ch750536 wrote: »

http://stopmoaningaboutireland.blogspot.com/2009/05/warranty-guarantee.html

I think I'll send a copy of that to Sony next time the Blu-Ray packs up, should have them quaking in their kimonos......:rolleyes:

Nody

Sorry to the OP but this has been noted in multiple threads for the last year at least in the threads here in Consumer Issues and is nothing new. The problem with the above as with the SoGA is enforcability. If they will not adhere to it you only really have SCC/Solicitor route to go which takes time. Yes, they will usually agree (right or wrongly) but it can easily take 3+ months to get something fixed.

jesterhead

I got a tv in Tesco and it's stopped working after 17 months. However, they've said its only covered for 12 months, should I pursue this, and if so, how? Any help appreciated. TV cost E700 and I reckon you should expect more than 17 months for that amount of money.

Flaccus

In Ireland the 2 year protection enjoyed by EU countries (which has a lot of conditions attached to it) was left out during the implementation of Directive 1999/44/EC as it was deemed Irish consumers enjoy more than 2 years protection under current legislation. The Sale of Goods and Supply of Services Act 1980 says that goods should last a reasonable period of time, but it's actually the Unfair Terms Regulations 1995 which introduced the notion of a statute of limitations. Under this, a trader can be held liable for up to six years for lack of conformity of the product. It doesn't mean you have a 6 year warranty. It means you can take action up to 6 years after the goods enter into your possesssion. A judge will still determine in the SCC what a resonable period of time is. So when you here people saying you have up to 6 years cover in Ireland, this is not the Sale of Goods Act. However it's usually taken in that context.

Nody

jesterhead wrote: »

I got a tv in Tesco and it's stopped working after 17 months. However, they've said its only covered for 12 months, should I pursue this, and if so, how? Any help appreciated. TV cost E700 and I reckon you should expect more than 17 months for that amount of money.

Written letter handed over to the store where you bought it where you outline that you expect a TV to have a longer life then 17 months and hence want it repaired. Make sure you write down the person who receives it and include a second page saying that they have received it (saves the money of registered post). Give them say two weeks to respond (and has this outlined in the letter) and then file papers to SCC.

Dexterm99

Thinking of doing this myself. I have a PS3 with a faulty drive. It's about 18 months old and Sony insist on charging €150 to fix it even though it's a known issue with the lens on first generation consoles. I bought it at Smyth's, do I send a letter to Smyth's or Sony Ireland in this case?

Flaccus

Write to Smyths.

It's best to deal with the shop you bought it in as your contract is with them (although you could ask the manufacturer to look at it, and still reserve the right to go back to the retailer).

http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping/intro.html

jor el

jesterhead wrote: »

I got a tv in Tesco and it's stopped working after 17 months. However, they've said its only covered for 12 months, should I pursue this, and if so, how? Any help appreciated. TV cost E700 and I reckon you should expect more than 17 months for that amount of money.

Yes, definitely. Do as Flaccus has outlined.

jesterhead

Thanks guys, I contacted Tesco again this morning letting them know the relevant laws and they're gonna phone me back in a bit, I think they're checking if it can be repaired.

smodgley

jesterhead wrote: »

Thanks guys, I contacted Tesco again this morning letting them know the relevant laws and they're gonna phone me back in a bit, I think they're checking if it can be repaired.

what was the outcome of this?