CHAPTER 7 THE CONSUMER

2 R. Delaney The Consumer A consumer is a person who buys goods and services for personal use A trader buys goods to sell them. A brand name is a unique name given to a product to distinguish it from similar products made by other companies, e.g. Esso and Dell

3 R. Delaney Contracts A contract is a legally binding agreement. Consideration is something of value that passes between the parties to a contract. Implied conditions are conditions that are not written into a contract but are legally deemed to be part of the contract.

4 R. Delaney A Contract A contract is only valid when: 1.One party makes an offer 2.Another party accepts that offer 3.There is consideration, i.e. each of the parties gets something of value, e.g. money or goods

5 R. Delaney The Sale of goods and Supply of Services Act 1980 (The implied conditions) This act states that, under any contract for the sale of goods, the buyer has the right to assume: 1.That the seller has title to the goods 2.That the goods are of merchantable quality 3.That the goods are fit for purpose 4.That the goods supplied are as described 5.That services are carried out by suitably qualified people 6.That parts supplied during a service are of merchantable quality

6 R. Delaney The Consumer Protection Act 2007 There are four elements to this act 1.The act makes it an offence for any manufacturer, retailer, service provider or advertiser to make a false or misleading claim about (i) goods, (ii) services and (iii) prices. It is also an offence to sell goods that bear a false or misleading description 2.The Consumer Protection Act brings into Irish law EU Directives on (a) unfair, (b) misleading or (c) aggressive commercial practices. These refer to any practices used by sellers that would result in people buying products that they would not buy under normal circumstances.

7 R. Delaney 3. The Directives ban the establishment, operation, promotion and participation in pyramid schemes. 4. It established the National Consumer Agency whose main functions are to: –p–promote and protect the interests and welfare of consumers –e–enforce consumer laws –e–encourage sellers to comply with consumer laws –i–investigate suspected offences under consumer laws –r–refer cases to the Director of Public Prosecutions The Consumer Protection Act 2007

8 R. Delaney The 3 Rs of Consumers’ rights 1.A refund 2.A repair 3.A replacement Note: The seller can’t force a buyer to accept a credit note in exchange for faulty goods

9 R. Delaney The Nine Elements in a Letter of Complaint 1.The sender’s (writer’s) contact details 2.The date of letter 3.The name and address of person to whom the letter is being sent 4.A salutation 5.The details of the product purchased 6.The nature of the complaint 7.A reminder to the seller of the of legal requirements 8.The resolution required by the buyer 9.Closure (your name and signature)

10 R. Delaney Consumer Organisations 1.The Small claims Court 2.The Consumers’ Association of Ireland 3.The State Ombudsman 4.The Financial Services Ombudsman 5.The insurance Ombudsman