Brought a Christmas purchase home only to discover that it’s faulty? Recently found last year's gift voucher only to find it has expired? How well do you know your consumer rights?
We spoke to
The Competition and Consumer Protection Commission to help shed some light on common consumer myths. From premature deposits to misplaced gift vouchers to sales items, here are the facts behind the myths…
Myth No. 1
"I paid a deposit but I’ve changed my mind - I can still get my deposit back"
Deposits are usually non-refundable. By paying a deposit, you are entering into a contract to buy the product or service. If you then change your mind, the supplier or seller does not have to return your deposit. It will depend on the terms agreed between you at the time you bought (written or verbal).
Myth No. 2
"If I lose a gift voucher or let it go out of date, I can just contact the shop and get a replacement"
If you lose a gift voucher, the shop doesn't have to replace it. It's just like losing cash - so always keep the voucher somewhere safe. But if the voucher was made out to you specifically and is not transferable to another person, contact the shop and see if they will issue you a new one and cancel the original voucher. Likewise, if the voucher has expired before you use it, the shop does not have to honour it, but again it’s worth contacting them to see if they will honour it as a gesture of goodwill.
Myth No. 3
"I have the same rights if I buy something from another individual as I do from a business"
If you buy something from an individual, either directly or through for example an auction or personal ads website, consumer rights legislation does not apply. For example, if you buy a car, your rights will vary depending on whether you buy from a dealer or directly from an individual. If you buy from a dealer, you are protected under consumer law. However, if you buy from another consumer, you do not have the same consumer rights because the person selling the car is not acting as a business. This means that if something goes wrong, it will be much more difficult for you to put it right.
Myth No. 4
"If I buy something on sale in store and it is faulty, I do not have any rights"
If you bought something in the sales and it is faulty the same rights apply as if you had bought it at full price. You have the right to a repair, replacement or refund. You have the same rights shopping in the sales as you do at any other time of the year.
Myth No. 5
"The item I bought in a shop is faulty, but the shop says that I will need to return it to the manufacturer as it is up to them to fix it"
Your contract is with the retailer or supplier who sold you the product so if there is a fault, it is up to them to fix it.
Myth No. 6
"A shop always has to provide me with a receipt when I buy something"
There is no obligation on shops to give you a receipt for the goods you buy. However, you should always ask for one. Receipts are an important and easy way to prove you bought a product in a particular store. Remember too that bank or credit card statements can also be used as proof of purchase.
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