What are my consumer rights?

Whether you’ve bought a faulty product, received something that doesn’t match its description, or simply changed your mind and want to get a refund, it’s crucial to understand what you’re entitled to as a consumer. And also what you’re not!

In this guide we outline the most important rights you have as a consumer under Ireland’s consumer protection laws, so that you can shop with confidence, stand up for yourself when necessary, and resolve any issues you might encounter.

What are my consumer rights?

Your rights differ slightly if you’re buying something in store or online.

If you buy something in store that isn’t of ‘merchantable quality’, ‘as described’ or fit for the intended purpose, then you have a right to one of the three Rs:

• A refund
• A replacement i.e. an exchange   
• A repair 

The type of product you have bought will usually dictate the solution a retailer will offer you. 

For example, if you buy a €50 pair of jeans that have a torn seam, a shop is likely to offer you a refund or an exchange. But if you buy a €50,000 Tesla that’s faulty, you’ll likely be offered a repair first.  

A retailer might also offer you a credit note/store credit as a solution. But you do not have to accept this.

You also have the right to only deal with the retailer. A retailer cannot tell you to liaise with the manufacturer if someone goes wrong. For example, if you buy a Miele dishwasher in Currys that breaks down after six months, the retailer can’t ask you to contact Miele’s head office in Germany to sort it out. Currys must deal with you directly.

These rights don’t apply to: 

• Second-hand goods bought on sites like Done Deal (but goods from businesses are included)
• Where the issue is due to normal wear and tear
• Where the issue is due to product misuse
• Where you were explicitly told about the defect beforehand (however you can still claim if the item incurs an extra fault you weren't told about)

Am I entitled to a refund if I just change my mind?

No.

If you buy something in store then you don’t have the right to a refund or any of the other Rs if you simply change your mind - even if you have your receipt. 

However, in practice most shops, especially larger stores and chains, will offer you a refund or an exchange/replacement if you bring your item back within up to 30 days in a saleable condition along with proof of purchase. But they’re under absolutely no obligation to do this. 

Your consumer rights for online purchases 

If you buy something online within the EU then your rights are actually slightly stronger.

In this case you’re entitled to a full refund within 14 days for whatever reason. Even if you simply change your mind. The 14 days starts from when you actually receive the item.

However you may have to pay for the return of the item yourself. A retailer is under no obligation to pay for postage (even if many do so). However the retailer will have to pay for postage and arrange for the return of the item if it’s faulty.  

Some goods are excluded from this 14-day cooling-off period. These include:

• Hotel bookings, car rental, travel tickets and other leisure services
• Goods that are made to your specifications or that are clearly personalised
• Audio or video recordings or computer software that has been unsealed by the consumer e.g. DVDs, software installation CDs with the seal removed
• Goods that are liable to deteriorate or expire rapidly, e.g. perishable goods
• Gaming and lottery services

You also have the right to receive delivery of your goods within 30 days. If your item hasn't been delivered within this timeframe you're entitled to a full refund including any delivery costs.

But remember these rights do not apply if you buy from a site outside the EU.   

Warning! 

Don’t assume that a website is registered in an EU country based on its web domain. 

Not all .ie or .fr websites belong to companies based in Ireland or France, for example.

Legitimate international businesses based outside the EU can trade in Ireland via a .ie domain. You should check the business information on all websites in the About/Contact (Us) sections, and separately in the Terms and Conditions.

If this information is not clearly available, consider shopping elsewhere. And remember that if you buy from a site outside the EU, you may be liable to pay VAT and customs duty on your purchase.

What are my rights on sale items?

If you buy something on sale then your rights are the exact same.

If you buy something in store that isn’t ‘of merchantable quality’ or fit for the intended purpose then you have the right to either a refund, a replacement/exchange or a repair.

And if you buy something online from a site within the EU then you can return the item for whatever reason within 14 days.

Where confusion sometimes arises is that many stores which offer refunds as a goodwill gesture if you simply change your mind may not offer this for sale items. But this is perfectly legal as they are under no obligation to offer a refund in these circumstances in the first place. 

Also, be aware that if you return something simply because you don't like it, and the item has now been reduced in price, a retailer is within their rights to only offer a refund or exchange for another item at the new reduced price. However, if the item is faulty, you’re entitled to one of the three Rs at the original price.  

'This does not affect your statutory rights'

Many retailers often refuse to offer refunds or exchanges on things like underwear and jewellery for personal hygiene reasons. 

A notice outlining this policy will often be accompanied by the phrase: “This does not affect your statutory rights”.

While the retailer can refuse to exchange or refund the underwear or jewellery if you simply change your mind, they must still offer you one of the three Rs if the item is faulty. In other words, your usual statutory rights still exist and aren’t affected.  

Your rights if an item is incorrectly priced

A common misconception among consumers is that if an item is incorrectly priced the retailer must honour that price. 

However retailers are allowed make honest mistakes.

So if you pick up a laptop that has been priced at €500 only to find it’s actually €800 when you get to the till, the retailer can refuse to sell you the laptop at €500. However the retailer must fix the incorrect price as soon as possible. And if you feel that a retailer is purposely misleading consumers with incorrect prices then you can complain to the Competition and Consumer Protection Commission (CCPC). 

Practical advice if you want to return something

• Always return something as soon as possible. Even if an item is faulty, the longer you leave it the harder it can be to get a refund or repair as it could be argued you've accepted the items, defects and all.
• Don’t remove any tags or labels before you’re fully sure you like your purchase as the return may not be accepted. Some shops are much stricter about this than others.  
• Always keep your receipt and check what it says about refunds and returns. Don’t presume you’re entitled to a refund if you simply change your mind. Smaller, independent shops in particular may have stricter returns rules.  
• The returns options on sale items may not be as generous as those on full price items. So check your receipt. 
• For online purchases, open the package carefully (don’t rip it apart in excitement!) in case you decide to return your purchase as it’s usually much easier to return the item in the packaging it came in (indeed many retailers request that you do this). And don’t lose the return delivery note. 
• For online purchases, check the returns terms and conditions. You may have to pay for the postage yourself if you want to return something.  
• When trying on online clothes purchases, make sure you're not wearing any make-up or fake tan which could soil the item. And try on shoes inside. 
• Stick to buying from EU shops are your rights are much stronger. 
• Try be friendly and polite when returning something. It’s usually best not to start by shouting about your consumers rights. You can be firm but try come to an amicable agreement first. And always ensure you're dealing with the correct person. Kindly ask to speak to a manager if you're not getting anywhere. 

More important reading

• The rules and entitlements around gift vouchers can be surprisingly complicated. And it doesn't help that people often don't realise what constitutes a gift voucher in the first place. Read our guide on gift cards to ensure you're not left out of pocket.
• When shopping online follow these simple tips to avoid getting scammed or tricked into thinking you're getting a bargain.