Purchasing power

When things go wrong do you know your rights? It was a question we posed to fifth year business students when The Irish Times visited a number of Dublin schools recently. Asked to recount any difficulties they had with regard to consumer issues a litany of lamentable experiences were disclosed.

Not surprisingly perhaps, the most common problems concerned the purchase of fashion items and sports goods. With the January sales almost at an end, many more young people are bound to have queries about their purchases and their rights under consumer legislation. Several queries concerned holiday disasters and faulty items bought in other EU countries. Many students described how when trying to enforce their rights they felt discriminated against because of their age.

Ms Anne Hynes, of the European Consumer Advice Centre in O'Connell Street, Dublin, was on hand to shine a light on the murkier issues faced by the consumer. The following is an edited selection of scenarios offered up by students in Marian College, Ballsbridge; Sion Hill, Blackrock and Loreto College, Crumlin.

Mark purchased a sports bag in a city centre shop and brought it home where he discovered that the seam was ripped. When he took it back to the shop and spoke to an assistant he was told that it was the manufacturer's responsibility to replace it. Derek had a similar problem. When the stitching came lose on his prized Liverpool football jersey he took it back to the shop where the assistant simply told him that he wasn't entitled to a refund.

If either situation arises again, both Mark and Derek should remember that the Sale of Goods and Services Act (1980) says that the seller is responsible for any fault in the goods and every citizen is entitled to have the goods replaced, repaired or to a refund.

Producing a receipt, as proof of the contract of sale, is advised but customers may be able to prove they know the shop assistant or regularly shop at the store. Do not, says Ms Hynes, be fobbed off by retailers who try to place responsibility on manufacturers or suppliers.

Exactly the same applies if information given when booking a holiday is not complete or accurate. Michael's sister was looking forward to a package holiday in Turkey. The travel brochure indicated that her apartment was five minutes walk away from a beautiful sandy beach. When she and her friends arrived at their resort they discovered that the apartment was located so far away from the beach they would need to rent a car to access it. On returning the disappointed holiday makers found that the travel company refused to make amends.

This kind of scenario is well provided for under the Package Holiday and Travel Trade Act 1995 which states that consumers are entitled to expect accurate and full information either verbally or in a brochure. If a travel agent is unwilling to resolve the issue fairly a complaint can be made to the Director of Consumer Affairs. Alternatively, anyone who feels their rights have been infringed in relation to goods (whether it's a sunshine holiday or a new suit) costing under £600 can avail of the Small Claims Procedure. There is a special mechanism for dealing with small claims in the District Court. This procedure is designed, says Ms Hynes, to handle consumer complaints "speedily, cheaply and informally" without involving a solicitor. The fee for this service is just £6.

What happens when you are offered a credit note instead of a full refund when an item you are sold is faulty? Annette bought a denim skirt but when she tried it on again at home she noticed that part of the hem kept sticking up. The shop refused to give a cash refund and would only provide Annette with a credit note. "Credit notes are not an adequate remedy unless the consumer voluntarily accepts it," says Anne Hynes.

Even when shops display signs like, "no cash refunds" or "credit notes only", your rights are not affected. These signs are illegal unless they stipulate clearly that this has no affect on a customer's statutory rights. Investigators from the Office of Consumer Affairs routinely check shops for such signs and offenders can be prosecuted for displaying them.

If on the other hand Annette had taken her purchase home and decided that she no longer wanted the item the retailer would not be obliged to replace it. She would be fortunate, in this case, to receive a credit note.

Many students we spoke to were surprised to learn that they had similar rights even when they purchased goods in other EU countries. Jennifer was on holiday in France and bought a hairdryer which had broken by the time she came home. "I didn't think there was much I could do," she said.

While enforcing your rights in another country can appear complicated, staff at the European Consumer Information Centre liaise with a network of similar consumer organisations within Europe. They can often investigate the situation and help consumers who have encountered problems when purchasing goods or services in other member states.

Several students wondered about the most appropriate way to make a complaint and whether taking such a stand was worth "all the hassle". Others said that even when they did complain they were not taken seriously because of their age.

Always remember that you have rights and are entitled to exercise them says Ms Hynes: "Remain calm. Outline your grievance succinctly. Be firm and assertive. Losing your temper or becoming aggressive will not help matters and could make things worse," she says.

These tips will no doubt come in handy as shoppers, many of them students, fill the stores for the last few days of the winter sales. As you scan the bargains it's worth remembering that there is also legislation covering these sales. When a store claims a price has been reduced the goods should have been on sale at the previous price for at least 28 successive days in the previous three months. Happy shopping!