Right to no quibble replacement or refund

Ireland AM had a consumer affairs expert on this morning. I didn't catch his name or who he represented.

I was surprised that he stated that for electrical goods, within 6 months of purchase, you are entitled to a refund or replacement without quibble. He stated that a repair should not be accepted within the first 6 months as faults occuring within this period are considered manufacturing faults which have occured on the production line. I never knew this, I do recall reading something about 28 days on this forum but I would have been under the impression that I should allow for a repair after this period.

So am I the only one who was ignorant to the "6 month rule" or was it just me who didn't know my rights!?

dudara

What he said on the radio wasn't quite clear. It's better to say that within the first 6 months the burden of proof is on the seller, not the consumer, to prove that the product conformed with the contract of sale.

This means that the law is assuming that any fault appearing within 6 months of purchase is deemed to have existed at the time of sale UNLESS proof to the contrary is produced or this assumption is incompatible with the nature of the goods.

This means that the retailer can quibble with you, if they feel that the fault was not intrinsic to the item. Using the words "no quibble" on air is misleading.

Taken from europa.eu

What if you buy a new television set and it immediately breaks down? Under EU law, if a product you buy does not conform to the agreement you made with the seller at the time of purchase, you can take it back and have it repaired or replaced. Alternatively, you can ask for a price reduction, or a complete refund of your money. This applies for up to two years after you take delivery of the product. And for the first six months after delivery, the burden of proof is on the seller – not the consumer – to prove that the product sold conformed with the contract of sale.

More detailed reading on European Directive 99/44/EC can be found here

You're right Dudara, he wasn't very clear. He simply stated that you were entitled to a "no quibble" refund or replacement within the first six months. End of story. He did state that it was up to the retailer to decide which they wished to provide. The National Consumer Agency's page is equally unclear!

Slasher

His name is Andrew McCann. He is very knowledgeable. He has written a number of books.

It is all very fine for someone to say you are entitled to this or that under EU law, etc. but if the retailer, says "no", in practice there is very little the consumer can do.

Slasher

Slasher wrote: »

It is all very fine for someone to say you are entitled to this or that under EU law, etc. but if the retailer, says "no", in practice there is very little the consumer can do.

Well this question was put to him and he said that you must stand your ground and if they continue to refuse, you write a letter to the manager of the shop giving them X days to respond after which you go to the SSC, all the usual info. Just the 6 months threw me altogether.

daenerysstormborn3

Stand your ground? Ha! I watched this segment this morning and it made me laugh, consumers have no rights in this country. The retailer makes the decision and if you don't agree with it you have to go through the Small Claims Court. They can write all the books and dish out all the advice they want, at the end of the day the Small Claims Court procedure may be cheap but it is time consuming and the end result isn't always favourable regardless of the original complaint.

the groutch

I hate people like this going on telly making stuff up, for people to quote it as if it's the law

Guy:Incognito

Not sure if it was him or someone else that was on Newstalk.

He was talking about the no refund on sale items signs or similar saying they are illegal , without qualifying it at all and giving the impression that peopel can just return stuff when they want.

RoboRat

He was talking about the no refund on sale items signs or similar saying they are illegal , without qualifying it at all and giving the impression that peopel can just return stuff when they want.

I think that people need to understand that if there is nothing wrong with the product you have no right for a refund or exchange.

A lot of clothing places offer refund if you don't like your purchase but this is withdrawn during sale periods as they want to clear stocks and cant have people buying a load of things, taking them home and retuning them later when they could have sold them off to another customer.

If there is a fault however, you have every right to return the goods.

rubadub

I think he said something like if it is broken in that time it can regarded as a production line manufacturing flaw, or something. I don't think he mentioned any specific law to back it up though.

You can see the TV3 thing here, I only half paid attention this morning.
http://www.tv3.ie/ireland_am.php?video=43926&locID=1.65.74

Dymo

Deleted User wrote: »

Ireland AM had a consumer affairs expert on this morning. I didn't catch his name or who he represented.

I was surprised that he stated that for electrical goods, within 6 months of purchase, you are entitled to a refund or replacement without quibble. He stated that a repair should not be accepted within the first 6 months as faults occuring within this period are considered manufacturing faults which have occured on the production line.
So am I the only one who was ignorant to the "6 month rule" or was it just me who didn't know my rights!?

I saw him on the TV this morning and couldn't believe what he was saying making up his own rules and telling people to demand a refund if there not happen. One person lost an earring they claimed the backs was too loose and he told them to go back to the shop for a refund.

I've seen him before giving false information about the elections, he said if you make a mistake you get only one chance on a ballot paper that it, totally wrong.

coylemj

There is no legal right to a no-quibble refund for a product which is not faulty. If it does what it says on the tin you have no right to go back to the retailer to demand a refund, a replacement (e.g. swap a coat for one of a different colour) or even a credit note.

From http://www.dad.ie/contributors.aspx .......

Andrew McCann is the Development Manager of the Fingal Citizens’ Information Service in North County Dublin. He is a regular contributor to local, regional and national radio and television across a broad spectrum of consumer rights issues. He is also the author of 'Know Your Rights', a handy and easy-to-follow guide for all ages, and is an essential reference in any household. 'Know Your Rights' is published by Blackhall Publishing, founded in 1997 and based in Dublin, Blackhall is one of Ireland's leading independent non-fiction publishing houses who publish titles for the general public as well as academic books.

ScouseMouse

This reminds me of the other guy on Q102 consumer show on mondays.

One night he suggested the consumer should tell the shop they had been on the radio and they could bring it up on air and indicate where it was unless they sorted it.

I texted them that that was extortion and was taking the pee. Never got an answer..... but they dropped it.