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Faulty goods – your rights
Where goods turn out to be faulty and where you are not to blame, you have a number of options under consumer law. Faults with goods may be major or minor and present different issues for particular products.

If the fault is major, for example if you buy a mobile phone and it stops working shortly after you start using it due to a major fault with the phone, you have the option to reject the goods and rescind (end) the contract.

If the fault is minor, for example a button is missing from a piece of clothing you bought, you have the option to request a repair, replacement, a reduction in the price you paid or a refund. However, if the trader refuses to meet your requests or there is an unreasonable delay in providing one of these remedies, then you have the right to reject the goods and rescind the contract.

Your contract is with the retailer or supplier who sold you the goods or products so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee or warranty from the manufacturer.

What to do
You should return the faulty item to the seller as soon as possible and explain what the problem is. If you think it might be useful, print out the page and bring it with you. If you have a complaint about faulty goods, shop notices such as "No Refunds" or "No Exchanges" do not limit your rights. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer law if the goods are faulty.

Reject & rescind
When you buy goods, you enter into a contract with the seller. If those goods turn out to be faulty and the fault is major, you are entitled to reject the goods and rescind (end) the contract. If you simply reject the goods, for example, a broken bill-pay phone, you may still be tied into a contract unless you demand to cancel it without any penalty fees.

This option is complex and can depend on a number of factors. For example, the severity of the fault, the length of time since you bought the goods, and the inconvenience caused to you as a result of the fault. If a fault occurs within the first 6 months of purchase, it is assumed that is was there at the time of sale. It is important to remember that if you caused the fault, the trader is under no obligation to offer you any type of compensation.

Repair
If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.

Remember, the retailer may charge you for the repair if you have been responsible for the damage to the product.

Replacement
If you opt for a replacement, it should be the same as the item you bought, or of similar quality and price.

You should not have to pay extra for a replacement and should be given the difference in price if the replacement costs less than the item you originally bought.

Refund
If you opt for a refund, this can be in cash or by cheque, or the retailer can refund your credit or debit card account if you used one to buy the item. You do not have to accept a credit note or voucher as a refund as they are not equivalent to cash. You can choose a refund instead.

Other options
You have the option to use the Small Claims process as long as the claim does not exceed €2,000. The application fee is €25 and the service is provided in your local District Court.

If you paid for the goods by credit or debit card, your card provider may agree to reverse the transaction. This is called a chargeback. Contact your provider immediately and give them details of your transaction.

If you have any queries about your options, you can contact us.

Remember:

You have no rights under consumer law if you change your mind about the goods you have purchased. However, some shops may offer you an exchange as a gesture of goodwill
The shop is entitled to request proof of purchase, but this doesn't necessarily have to be the shop receipt. You could show your credit or debit card statement if you used one or any other documentation that proves it was purchased in that particular shop or retail chain
If you received the item as a gift, you will need to have a proof of purchase if you need to return it to the seller for any reason. This can take the form of a gift receipt, which you may need to request from the person who bought the item.

http://www.nca.ie/nca/faulty-goods

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