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Citizens Information: Consumer Rights

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It’s that time of year again when Christmas is fast approaching and shoppers are out in force.

Most purchases of goods and services go smoothly, but what happens when things go wrong?

Rest assured that when you buy a product or a service you have a number of rights under Irish and European Union (EU) legislation. These laws aim to give you strong rights when you buy in a shop or online, make sure you get enough information to make a buying decision based on facts and make sure there are redress options available to you if things go wrong. By law, sellers or suppliers (known as ‘traders’) must treat you fairly, for example, by making sure products and services are safe and of a high standard.

Consumer Contracts

When you buy goods and services, you are making a contract with the seller. As parties to the agreement, both you and the seller have certain legal rights and obligations. Contracts can be made verbally, in writing, or by your conduct. There are certain parts of a contract that businesses are free to set. However, these terms must not go against your consumer rights.

Consumer Rights

Irish and EU consumer laws only apply to transactions between a consumer and a trader. It does not apply when:

* You buy from a private individual who is not a trader (for example, someone who is selling their own car to you but who does not sell cars as a profession)
* You buy goods or services intended for use in your business (business-to-business transactions)
* You buy from a trader based outside the EU or European Economic Area (Norway, Iceland, and Liechtenstein)

Sale of Goods and Supply of Services Act 1980

When you buy products, they must be ‘in conformity with the contract’.

This means they must be:

* Of merchantable quality – of a reasonable and acceptable standard, taking into account other factors such as durability and price
* Fit for the purpose you bought it for – they should work and do what they are reasonably expected to do
* As described – they should match any description given in an advert or other information provided by the seller at the time of sale

If the products you receive are not of satisfactory quality, fit for purpose or do not match the description you were given, you have a right to certain remedies. A remedy could be a repair, replacement or a refund. Contracts for the supply of services are currently subject to much less statutory regulation than contracts for the sale of products. When you make an agreement with a supplier of services, for example, a carpenter, a plumber or a dentist, the agreement may be written or oral or a bit of both. In general, the terms of the agreement are what you agree with the supplier or trader.

Online shopping rights

When you buy online from an online trader in Ireland, or elsewhere in the EU, you have strong rights under the EU Consumer Rights Directive (CRD). These include:

* The right to clear and accurate information
* The right to change your mind and cancel (some purchases are not included)
* The express right to refund for delayed or non-delivery
* Right to redress in case of faulty goods.

What is my 'right to redress' if things go wrong?

If you have a problem with something you have bought (for example, it is faulty or does not meet the description given), it is always the seller who must put things right. As a general rule, the seller must offer a repair or replacement. Alternatively, they can give you a refund.

If you are not satisfied with the quality of the products or services you should:

* Return the item to the seller (not the manufacturer)
* Act as soon as you can – a delay can indicate that you have accepted faulty products
* Don’t attempt to repair the item yourself or give it to anyone else to repair it
* Make sure you have proof of purchase, for example a receipt or credit card statement

For services, keep all evidence of damage caused by poor work, for example take photos.
The success of your consumer complaint can depend on a combination of factors - consumer legislation, the trader’s willingness to resolve the issue, and the circumstances of the case itself.

For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0761 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.

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World Rally Champion Phil Mills’ Killarney visit

Former World co-driving champion Phil Mills will be one of the guests of honour at a special Killarney and District Motor Club event next month. The club is celebrating Prodrive’s […]

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Former World co-driving champion Phil Mills will be one of the guests of honour at a special Killarney and District Motor Club event next month.

The club is celebrating Prodrive’s association with the Rally of the Lakes on October 14.

The legendary British motorsport preparation firm was responsible for building some of the most iconic associated with the local rally.

The celebration, which will raise funds for the Jack and Jill Foundation, will be hosted by the voice of Irish motorsport Alan ‘Plum’ Tyndall.

Welshman Mills, who won the 2003 World Rally Championship, alongside Petter Solberg has confirmed his attendance at the Killarney Racecourse-based event.

He is just one of many superstars attending the showcase.
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“Accompanying the stars will be a collection of iconic Prodrive machinery, ranging from the BMW E30 M3, all the way through to the Subaru Group A and World Rally Cars the 1990s and early 2000s,” said Killarney and District Motor Club vice chairman and organiser Mike Shea.

“All proceeds of this event will go directly to the Jack & Jill foundation helping provide support and special care to children across the country and is a once in a lifetime event.”

This event is in association with: Lyons of Limerick; C.Wharton Tool Hire Ltd; BG Motors Ltd; Castleisland Tyre Centre; Aherns Motor Group; Reen’s Rathmore Peugeot; KC Print and Moriarty’s Central Car Sales

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National Park Autumn talks series 2023

The National Parks and Wildlife Service will run a series of talks on Thursday nights in October and November. Beginning on October 5 until November 16 the six-meeting programme will […]

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The National Parks and Wildlife Service will run a series of talks on Thursday nights in October and November.

Beginning on October 5 until November 16 the six-meeting programme will cover everything for the nature within the national park to the history of Killarney and its surrounding areas.

The opening lecture, by the NPWS’s Eamon Meskell will tell the story of the White-Tailed eagle in Killarney.

The following week, local historian, Owen O’Shea will deliver a speech on the Civil War in Kerry.

The final October talk is scheduled for October and its topic is the fungi growing in the park.

The lectures resume in November, on November 2, John Breen will talk about the various ant species in the park, the following week will feature a talk on the McShain family’s contribution to the town.

The final meeting, on November 16 covers the Blasket Islands, past present and future.

All events take place at Killarney House at 8pm – free admission but limited seating.

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