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Lesson 3:Sale of Goods and Supply of Services Act 1980 Part 2: The Responsibilities of the Retailer
Overview of Lesson Responsibilities of retailers with regard to: • Selling goods and services • Redress • Resolving complaints • Guarantees and warranties • Signs/statements
Retailers must ensure goods are… • Of merchantable quality • Fit for the purpose intended • As described • Conforming to sample And services are… • Provided with necessary care and attention by a suitably qualified person
Redress • If a consumer has a valid complaint, they are entitled to one of the “Three Rs”: • Refund • Replacement • Repair • The best outcome for the consumer is a full refund. However, the length of time between the date of purchase and the date of the fault occurring (and complaint being made) will affect the resolution offered
Redress – “Three R’s” • Refund – getting your money back. • Your right to a refund depends on how quickly you act once the fault occurs, and on how big an issue the fault is (i.e. would a repair be sufficient to fix the problem quickly)
Redress – “Three R’s” • Replacement – a new model of the same or similar quality is given in its place (graphic of new kettle being exchanged for faulty one)
Redress – “Three R’s” • Repair – the product is repaired to the same condition it was before the fault occurred
Is a credit note an acceptable form of redress? • If there is a fault with an item you could be entitled to a refund • A credit note is not a refund as it still restricts you to shopping in that shop • Some shops might offer a credit note if you change your mind about an item – this is OK as you are legally entitled to nothing
When resolving complaints… • The retailer enters into a contract when he/she sells goods to a consumer • Therefore if there is any fault, the retailer mustdeal with the complaint and cannot pass the responsibility to the manufacturer • The consumer can if they wish go to the manufacturer but the retailer cannot claim to be not responsible
Guarantees and Warranties • Guarantees and warranties add to the consumer’s rights, but do not replace the retailer’s responsibilities under consumer law • Consumer rights do not end when a warranty runs out, if the goods would reasonably be expected to last beyond the warranty period • You can expect better performance from a €1,600 watch than a €10 watch, although both might have a one-year warranty. Each watch should still be of merchantable quality, fit for its purpose and as described
Signs/statements Retailers cannot limit consumer rights by displaying signs or making statements such as: • “No refunds • “No refund on sale items” • “Credit notes only on returns” The retailer should qualify these words with “does not affect your statutory/consumer rights” A verbal statement by the retailer can form part of the contract, but try to get it in writing too
Role Play • A consumer buys a hairdryer from the local electrical shop • After using it, he/she notices a strong smell of burning • Role play what might occur when he/she returns to the shop
Summary of Lesson Responsibilities of retailers with regard to: • Selling goods and services • Redress • Resolving complaints • Guarantees and warranties • Signs