Buy something from shop

Tim Robbins

Hi,
I bought something from a shop and it broke after a few weeks usage. I am claiming it is a manufacturing fault, they are claiming it is not. They told me to contact manufacturer and take it up with them. If I opened the box and it was broke they would take responsibility but since it is open and used they won't. (it is about 6 weeks old).

I did not buy it from the manufacturer and I am off the opinion surely they should deal with it as I bought it from them.

What is the law on this?

Thanks.

Paulw

Consumer law states your contract is with the shop.

Go back to them.

seamus

Shop, 100%. They cannot tell you to go to the manufacturer.

Tim Robbins

seamus wrote: »

Shop, 100%. They cannot tell you to go to the manufacturer.

What is the relevant law? Is it part of the sales and good act?

Janey_Mac

Tim Robbins wrote: »

What is the relevant law? Is it part of the sales and good act?

It's the Sale of Goods and Supply of Services Act 1980, if my B in junior cert business studies 15 years ago serves me well...

Yep! Here's some more info from Citizen's Information
http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

seamus

It's the sale of goods act as well as contract law in general.

The contract of sale is between you and the retailer. Part of that contract is the requirement on that retailer to sell goods which are of merchantable quality. This includes a requirement that the product sold will operate without fault for a reasonable amount of time after purchase.

If you buy a good which fails in this regard, then the contract of sale between you and the retailer requires that the retailer rectifies the problem. Failure to agree to do so is against the law.

Reasonable amount of time is subject to debate (though it's a minimum of two years for electronic goods), but I suspect that unless you're complaining about a loaf of bread, then you would have expected this item to last longer than a few weeks. So it's 100% the retailer's responsibility to handle your complaint. They cannot tell you to deal with a third party in sorting this, however they can of course contract a third party in to handle it on their behalf.

Tim Robbins

seamus wrote: »

It's the sale of goods act as well as contract law in general.

The contract of sale is between you and the retailer. Part of that contract is the requirement on that retailer to sell goods which are of merchantable quality. This includes a requirement that the product sold will operate without fault for a reasonable amount of time after purchase.

If you buy a good which fails in this regard, then the contract of sale between you and the retailer requires that the retailer rectifies the problem. Failure to agree to do so is against the law.

Reasonable amount of time is subject to debate (though it's a minimum of two years for electronic goods), but I suspect that unless you're complaining about a loaf of bread, then you would have expected this item to last longer than a few weeks. So it's 100% the retailer's responsibility to handle your complaint. They cannot tell you to deal with a third party in sorting this, however they can of course contract a third party in to handle it on their behalf.

Thanks Seamus. Do you have links to relevant parts of relevant laws. I'll print them out and bring them up to shop.

Procrastastudy

Tim Robbins wrote: »

Thanks Seamus. Do you have links to relevant parts of relevant laws. I'll print them out and bring them up to shop.

Shops and Contracts Well one case anyway.

SOGASOSA Dont be lazy use the index

A useful SI

Enjoy the pub-lawyering - I'm sure they'll be someone about as well informed as me willing to have an argument with you for a bit.

seamus

SOGASOSA is a hefty enough read. Really this should be enough:

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