Using the law to protect your consumer rights

More than 60 pieces of legislation protect consumers in the Republic and, although few people are familiar with the arcane details of the various acts, it helps to know your basic rights.

For instance, say your two-week-old iron has given up the ghost and you march back into the shop where it was purchased to demand a refund. But the assistant instantly takes the wind out of your sails by telling you to write to the manufacturer.

If you were fully au fait with your consumer rights, you would know that, although this response is very common, it is wrong.

According to the Consumers Association of Ireland (CAI), your contract is with the retailer not the manufacturer. Rather than backing down and retreating homeward to pen a letter to some faceless multinational, you should remind the retailer that he is legally responsible for rectifying your problem under the Sale of Goods and Supply of Services Act 1980. Basically, the law provides that anything bought from a retailer must be of merchantable quality, fit for its normal purpose and reasonably durable. It must also be as described whether the description is on the package or label, something said by a salesperson or written in a brochure.

If goods do not meet these standards, then the consumer is entitled to seek redress. The European Consumer Centre (ECC) says there are no hard and fast rules, and each case has to be considered on its merits.

But it says that if the fault is not a trivial one and is discovered soon after purchase, the consumer may be entitled to reject the goods and insist on a full refund, provided he/she acts promptly.

"If you have used the goods for some time, or if you have delayed in complaining, or if you seem to have accepted the goods, you may be entitled at best to a partial refund or repair and not to reject the goods entirely," the ECC says.

For those with a complaint, their first port of call should normally be the person who sold them the goods. The CAI advises consumers to complain to someone who is able to do something about the problem, such as the manager. It suggests that people do not lose their temper, swear or get personal and, where practical, that they should make their complaint in writing.

If direct negotiations fail, it may be worth contacting a third party, such as a trade association or industry group, which might be able to help.

If this fails, the Office of the Director of Consumer Affairs may be able to help. It can investigate consumer complaints and prosecute offences under the various Consumer Acts.

Other means of dispute resolution include the Ombudsman, who can investigate complaints relating to Government departments and other State bodies, or the industry ombudsmen such as the Insurance Ombudsman and the Ombudsman for Credit Institutions.

If all attempts at resolution end in failure, legal action may be the only recourse for aggrieved consumers, as only a court can order a trader to give compensation if he refuses to do so.

However, for those reluctant to take on the costs and hassles entailed in going to law, the Small Claims Court, set up in 1991, may provide a solution. Designed to handle consumer complaints speedily, cheaply and informally without involving a solicitor, it will deal with consumer claims where the amount of the claim does not exceed £1,000 (€1,270).