The Sale of Goods and Supply of Services Act 1980 governs the rights of consumers and states that goods must be of merchantable quality (i.e. of reasonable quality taking into account their description durability and price), be fit for their purpose; be as described by the salesperson or in the packaging and conform to any sample displayed.

The Act also governs the supply of services and under the Act, services must be provided with the required skill and care.

It is the retailer who carries most of the responsibility to the consumer and cannot seek to absolve themselves by either referring you to the manufacturer, or by displaying a sign saying “No Refunds” or that you are entitled to a credit note only or by small print on the receipt.

You may be entitled to a full refund, to have the goods replaced or repaired at the retailer’s expense.

Should you fail to receive a satisfactory response from the retailer, you may wish to pursue the matter through the small claims procedure of the District Court. The Small Claims Registrar will deal with complaints for sums not exceeding €1,270 in respect of faulty goods bad workmanship or poor service once it is made by the consumer who paid for them

You complete an application form and pay a nominal fee of €7 and the person against whom you have made the complaint must respond within 15 days or admit the claim.

The Small Claims Registrar will try to facilitate an agreement between the parties but if this cannot be done the matter will then be decided by a Judge of the District Court which can be enforced. The Judge in such a case is not permitted to make an order for costs.

The Director of Consumer Affairs can also offer advice and assistance on breaches of consumer law but cannot pursue a claim on your behalf.

The Director would for example take enforcement action on inadequate labeling or price display notices or misleading advertisements.