Many Happy Returns - Return to Sender

Linda Higgins, Consumer Affairs Editor - January 5th, 2005

So Christmas has come and gone and you're left with loads of pressies you already have, don't like, or just can't fit into. But don't despair, writes Consumer Affairs Editor LINDA HIGGINS - you've got rights and we know how to use them.

Now that the holidays are over, you may just find yourself left with piles of unwanted gifts. It's sweet of auntie Mabel to think that you're still the size 10 you were in your teenage years, but there's no way that you're going to fit into the pretty cardigan that she bought you.

Meanwhile, your brother has given you a DVD that you already have, while you purchased a pair of expensive designer high heel shoes...only for a heel to fall off at your New Years party!

So, what can you do? You can make use of your consumer rights and return the above products to the outlets in which they were purchased.

As a nation, the Irish have long been ridiculously reluctant to complain about shoddy goods or bad service, but that is changing rapidly.

We're now becoming far more aware of our power as consumers ... and our rights when things go wrong.

Under the law, the consumer is entitled to expect that the goods are of merchantable quality, fit for their purpose, reasonable durable, and as described. If the goods do not meet these requirements, then it is up to the seller to put matters right.

You don't have to accept a credit note if your complaint is covered by the Sale of Goods Act - you can insist on a refund, a replacement or a repair. If you have a genuine complaint about faulty goods, then ignore shop notices such as "No Exchanges" or "No Refunds", as these cannot take away your statutory rights.

As the consumer, you have rights regarding the seller, and the seller has the duty to rectify the matter. You can pursue this, if necessary, through the courts.

REFUND

"I can personally confirm that it pays to complain and demand the rights to which you are entitled," says Dermott Jewell, Chief Executive of the Consumer Association of Ireland.

"The only point that I would like to see clarified is that any sign that suggests the consumer is not entitled to a refund is illegal - especially if it also suggests that this is the case during a sale.

"You will always be entitled to a refund if the goods you bought are not fit for purpose which they were bought, are of poor quality, damaged or, finally, are not as they were described and which prompted you to buy them in the first place."

You are not in as strong a position if you are trying to return a gift rather than something that you purchased, particularly if you don't have a receipt.

When goods are bought, the consumer has a contract with the seller. A person who receives goods as a gift is not considered to be a consumer.

That said, many retailers operate a goodwill policy, and will exchange unwanted gifts that are in pristine condition. Bring the receipt, if you have it, or you may have received a "gift receipt" (which gives product details and name of shop, but not the price).

However, the law doesn't allow for a change of heart. You may have decided that you don't like the colour of the dress you bought before Christmas, but that doesn't mean you're entitled to exchange it. The shop where you purchased it has no legal obligation in these circumstances.

"I would say that we receive good reports of co-operation from retainers, particularly if consumers explain their case politely," says Carmel Foley, Director of Consumer Affairs.

Make sure that you know your rights, and the policy of the shop, before you charge in to complain.

The Office of Director of Consumer Affairs (ODCA) is an independent body that provides advice and information to consumers on their statutory rights. If does not intervene in individual disputes.

While the Small Claims Court is a useful resource for dissatisfied consumers, many people find their complaint is solved to their satisfaction after a discussion with the retailer.

For a start, make sure that you direct your complaint to the appropriate individual or body.

RIGHTS

The information agency Comhairle recently published a useful free book called Where to Complain.

It's a comprehensive guide to organisations that deal with citizen and consumer rights enforcements, and includes contact details for 150 organisations at Irish and EU levels.

"There has been an increase in the number of enquiries from the public to the national network of Citizens Information Centres (CICs), says Leonie Lunny, Chief Executive of Comhairle. Indeed, over 600,000 enquiries on all aspects of rights and entitlements were processed by CICs last year."

Around 32,000 people phoned the consumer helpline last year and there were 3,223 contacts by email, post and personal callers, on a wide range of consumer issues.

Over half of all contacts were from consumers enquiring about their rights under the Sale of Goods Act.

BE THE VOICE OF REASON

Courtesy of www.valueireland.com, here are some handy tips on making your voice heard if you're unhappy with a product...