2 Consumer Conflict Flashcards
(22 cards)
Basic rule that means consumers are expected to be cautious and use their common sense
Caveat emptor/let the buyer beware
Caveat Emptor/let the buyer beware
Basic rule that means consumers are expected to be cautious and use their common sense
Eg: bring a sample of paint home to make sure it matches your carpet before you buy 10 tins of it
Another term for “caveat emptor”
Let the buyer beware
What are the non legislative methods of solving consumer conflict
1.Negotiation
2.Consumers Association Ireland
What is negotiation
A process of bargaining to try to reach a mutually acceptable solution to the conflict
Steps of negotiation
1.Consumer goes back to shop with proof of purchase and sets out his position clearly
2.Consumer explains problem and says what he wants the shop to do to solve the problem
3.Shop will then set out its position and will either agree to customers request, offer an alternative solution or completley reject the complaint
THE CONSUMER AND SHOP MUST CONTINUE TALKING TIL THEY REACH AN AGREEMENT
What does CAI stand for
Consumers association Ireland
What is the CAI
Interest group for consumers.
Aims to make sure:
-Consumers get good quality products and services
-That are good value
-Comsumers know their rights
CAI Functions
1.Consumers that experince probs with their buys can contact CAI and theyll give expert advice on his rights and how to solve the problem
2.CAI publishes magazine called Consumer Choice: Articles abt cnsmr rights and helps cnsmrs make good buying decisions
3.CAI lobbies govt abt cnsmr issues such as cnsmr laws nd availability of cnsmr advice services
What does non-legislative mean
The consumer and the shop try to solve the conflict themselves without any reference to the laws of ireland or to any legal agency
What does legislative mean
You try to solve the conflict by referring to the laws of Ireland or by using a legal organisation
What are the legislative methods of solving consumer conflict
- Sale of goods and Supply of Services Act 1980
2.Comsumer protection act 2007
3.Competition and Consumer Protection Commission (CCPC)
4.Small Claims Court
5.Ombudsman for Public Services
Under the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 what must goods be:
-Of merchantable quality
-Fit for their purpose
-As described
-Identical to any sample shown
What are the 3 r’s
Major fault discovered soon- Refund
-Replacement
-Used goods/ long time-Repair
What happens if goods do not satisfy the rules of the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980
The consumer is entitled to a remedy, one of the three r’s (refund repair replacement)
When a consumer buys services
The SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 means the consumer had the right to expect:
-Person offering service is qualified and has necessary skills
-Service must be provided with proper care and attention
-Any materials supplier uses must be of good quality
-any goods sold as part of service must also be of merchantable quality
If a service doesnt satisfy the rules under the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 what are they entitled to
Refund
Replacement
Or repair
What is the retailer legally responsible for under the SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980
Retailer is legally responsible for silving the consumers complaint.
He cant tell the consumer its not his problem and to contact the manufacturer
Whats an offence for a retailer under the SALE OF GOODS AND SUPPY OF SERVICES ACT 1980
Offence to put up any signs that gives consumers the impression they have no legal rights
E.g no refunds
Credit notes only
No refunds on sale items
SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980
Guarantees cant take away consumers basic legal rights….
They can only give extra protection for a consumer
SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980
Unsolicited goods
If business sends a consumer goods that she didnt order she doesnt have to pay for them.
She can keep them if the business doesnt contact jer for 30 days or if after 6 months they havent collevtrd them
CONSUMER PROTECTION ACT 2007
This law deals with unfair business to consumer commercial practices
Doesnt apply to dealings between businesses