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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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Pat Delaney Memorial Cup Golf Classic

St Pats East Kerry are running their annual Pat Delaney Memorial Cup golf classic at the Ross Golf Club on Saturday July 6. The format is a 3 person scramble […]

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St Pats East Kerry are running their annual Pat Delaney Memorial Cup golf classic at the Ross Golf Club on Saturday July 6. The format is a 3 person scramble over ten holes and the entry fee is €120 per team. The entry fee will include a goody bag for each player and a cup of Tea/Coffee and scone when the round is completed. Tee times are available from 8am.

Killarney Credit Union is the main sponsor of the event, in recognition of Pat having been a highly respected and effective Chairman of the Credit Union. Pat was a Chairman and Vice President of St Pats East Kerry and he started the annual golf classic over ten years ago as a fundraiser for the Club. Known for his excellent organisation skills and a master salesman who enjoyed persuading the golfers of the Killarney area to take part in the event. He acted as master of ceremonies on the day, meeting and greeting every team prior to their games and to ensure that everyone had an enjoyable day.

On the morning of the golf classic, back in June 2018, Pat sadly passed away. His contribution to hurling and to St Pats demanded that his legacy be commemorated. Pat had also made a major contribution to the Killarney Credit Union at a time of major change in their business, leading the two organisation, St Pats and Killarney Credit Union to combine and rebrand the annual golf classic in Pat’s name.

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Civil War, a song and New York city

  A series of random encounters has resulted in one of biggest atrocities of the Civil War being immortalised in a song. On March 8, 1923, a group of Republican […]

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A series of random encounters has resulted in one of biggest atrocities of the Civil War being immortalised in a song.

On March 8, 1923, a group of Republican prisoners were taken from their temporary prison cells at the Great Southern Hotel and marched to a location near Countess Road.

Less than 24 hours after the more-documented Ballyseedy Massacre near Tralee, the five men named – Stephen Buckley, Tim Murphy, Daniel Donoghue, Jeremiah O’Donoghue and Tadgh Coffey –were killed by Free State troops with explosives and gunfire.

Fast forward over 100 years when local musician and song writer Donal Power was approached by Tadgh Buckley of Killarney Music School.
“He asked me if I would write a song about an incident with particular emphasis on a person who was his long-dead cousin. I told him I’d try and hoped he would be satisfied with the result,” explained Donal.
“He then gave me a copy of Tim Horgan’s book ‘The Stones Still Speak’, containing the story of Stephen Buckley murdered at the Countess Bridge which also contained a letter written by Stephen the night before his death in 1923, which didn’t come to light until six years later. Like many others I was aware of the massacre at Ballyseedy Cross but not the Countess Road, Killarney. So this was the project and the challenge!
“I spent a number of weeks writing a song about the incident. There is a lot of content in the story and I wanted to be true to the content of Stephen’s letter. I completed the song and sang it for him and others at a session where it appeared to make a positive impression. It’s an acoustic ballad which I accompany with guitar.”
But the story does not end there. A New York-based family, direct descendants of the murdered Stephen Buckley made contact with Power.
A man named Thomas Buckley from New York made contact with the local songwriter after hearing the song on Soundcloud.
Thomas explained: “My father Stephen Buckley was born in New York City in 1924. His father Michael Buckley,  named his first son, my dad, after his brother Stephen who was killed at the Countess Bridge in 1923. My older brother is also Stephen Buckley born in New York in

1954.”
Three members of the New York-based Buckley family, Thomas, Stephen and younger brother Timothy, were on a family holiday to Killarney earlier this month.

Power met them and was able to take the brothers to the site of the ambush were he learned that they are also related to Tadhg Buckley, the man who originally asked for the song to be written.

“We don’t know the exact relationship but it is very direct. The three brothers think Tadhg now lives where the murdered Stephen Buckley once lived,” added Power.

The song can be downloaded via: https://soundcloud.com/donal-power-170379558/the-countess-road-massacre.

SONG LYRICS
KILLARNEY, NINETEEN-TWENTY-THREE
A CIVIL WAR ATROCITY
A MASSACRE, A SHAMEFUL EPISODE
FOUR SOLDIERS OF THE I.R.A.
BY FREE-STATE FORCES BLOWN AWAY
EXECUTED ON THE BRIDGE ON THE COUNTESS ROAD

A SOLE SURVIVOR ON THE RUN,
TADHG COFFEY WAS THE ONLY ONE
WHO MANAGED TO ESCAPE AND TELL THE NEWS
OF THE LANDMINE, THE BOOBY-TRAP
THE BULLETS FIRED, THE COVER-UP
THAT KILLED TIM MURPHY, STEPHEN BUCKLEY AND THE DONOGHUES

THE DAY BEFORE THE MASSACRE
WHILE STEPHEN WAS HELD PRISONER
HE HAD A PREMONITION HE WOULD DIE
HE GAVE A LETTER TO THE GUARD
TRUSTING HE WOULD NOT DISCARD
THE MESSAGE TO HIS MOTHER AND THE WORDS THAT SAID GOODBYE

THE GUARD DENIED THE LAST REQUEST
AND KEPT THE LETTER HE SUPPRESSED
WHEN EMIGRATING TO THE USA
HE KEPT THE SECRET SIX LONG YEARS
TILL HANNAH BUCKLEY, THROUGH HER TEARS
COULD READ WHAT STEPHEN WROTE BEFORE THEY TOOK HIS LIFE AWAY

“I’D LIKE TO LIVE A LONGER LIFE
BUT I AM RECONCILED TO DIE
MAY GOD PROTECT MY FAMILY AND FRIENDS
REJOICE AND DO NOT MOURN MY LOSS
FOR I AM CERTAIN THAT THE CAUSE
OF TRUTH AND RIGHT, OF PEARSE AND TONE WILL TRIUMPH IN THE END”

“I DIE A TRUE REPUBLICAN
REMEMBER ME TO GALLANT MEN,
TO MY BROTHERS AND MY SISTERS, WHEN I’M DEAD
AND MOTHER, BRAVE IT CHEERFULLY
PRAY THE ROSARY FOR ME
AND PRAY FOR THOSE WHO SENT ME TO MY DEATH“, THE LETTER SAID

AND ON THAT SPOT A MONUMENT
COMMEMORATES THE SAD EVENT
WHERE LONG AGO THE BLOOD OF HEROES FLOWED
THOSE MEN WHO PAID THE FINAL PRICE
WHO MADE THE GREATEST SACRIFICE
EXECUTED ON THE BRIDGE ON THE COUNTESS ROAD

The song can be downloaded via: https://soundcloud.com/donal-power-170379558/the-countess-road-massacre.

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