Legislative Conflict Resolution: Marketplace/Consumer PDF

Legislative conflict resolution Marketplace/Consu mer Unit 1 Part 2 The Sale of Goods and Supply of Services Act 1980 This Act exists to protect consumers. In cases of unresolved disputes between retailers and consumers , the parties involved may resort to this piece of legislation Main p...

Legislative conflict resolution Marketplace/Consu mer Unit 1 Part 2 The Sale of Goods and Supply of Services Act 1980 This Act exists to protect consumers. In cases of unresolved disputes between retailers and consumers , the parties involved may resort to this piece of legislation Main points of the Act 1. The seller of the goods is the person responsible for repairing them if they are defective, even if the defect is from the manufacturer 2. Goods sold or hired must be of merchantable quality. They should do what they are supposed to do, taking in account price, life span etc. Main points of the Act 3. The goods should be fit for the purpose for which they were intended. This could be for the normal purpose of the good or it could be for a purpose made known to the buyer at this time of purchase 4. Goods should be as described – whether the description is on the package or it is something said by the sales person or printed on the brochure 5. If goods are bought after seeing a sample, they should conform to that sample.  These are the rights of a buyer against a seller What if there is a third party involved? What would happen if you received a present? The seller is responsible for putting things right if something goes wrong Will the speed of your return to the shop impact the returns process??? Can you change your mind in relation to the product?  A guarantee (warranty) is a bonus and cannot take away or interfere with the legal rights of the buyer. If a buyer of a good has a valid complaint s/he can chose to ignore the guarantee and resort to his/her rights under the Act. Services In relation to the services aspect of the Act: 1. The supplier of the service should have the necessary skill to provide the service 2. The supplier should provide the service with the proper care and diligence 3. The materials used should be of good quality (merchantable quality) Consumer Information Act 2007 (misleading information) If there is unresolved disputes between retailers and consumers the parties involved may resort to this piece of legislation. The main points of the Act: 1. It is an offence to apply or sell a false trade description to a good. 2. It is an offence to give misleading or false information to a consumer about a good or service, the previous price or the recommended price of a good or service. Consumer Information Act 2007 3. All advertisements must be legal, decent, honest and truthful. It is an offence to publish misleading information 4. Sale prices are covered by the Act. It is an offence to give false or misleading information about the prices of goods and services. In the case of a sale the goods must have been on sale for 28 consecutive days, at that prior price to the price being reduced. Competition & Consumer Protection Commission Consumer Association of (CCPC) Ireland (CAI) The Director of Consumer Affairs The main functions of this Office is to implement the Consumer Information Act 2007 and aspects of the Sale of Goods 1980 Act. They promote high standards and promotes best practice in the industry The Office does not get involved in individual cases The Small Claims Court This is an method for dealing with small claims with in the District Court structure. It is designed to handle claims quickly, cheaply and normally without the involvement of a solicitor. The court can only deal with claims relating to private sales (i.e. not business to business) Deals with claims up to €2,000 and you pay a fee of €25