The Consumer Rights Act 2022 became law on the 29th of November 2022. It simplified and updated consumer protection laws.

The Act introduced new protections, including:

  • Rights for digital content contracts
  • Rights for services contracts
  • A right to agree a price reduction on faulty products or services
  • A ‘blacklist’ of contract terms that are always unfair
  • A ban on certain aggressive commercial practices, including fake reviews

The Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the promotion of consumer rights and the enforcement of consumer law.

The CCPC provides information on consumer rights and personal finance including buying goods, faulty goods, shopping from home, rules on pricing, services and contracts, mobile phone contracts, buying a home, finding a solicitor, scams, cancelled flights, insurance, banking, mortgages.

Every time you sell to a consumer, you enter into a contract with them. Consumer law requires that you must always provide a product as outlined in the contract. These responsibilities are known as subjective obligations. Your product must:

  • be fit for purpose
  • fit the description, type, quantity and quality agreed
  • have the required functionality and other agreed features
  • be delivered with all accessories and instructions, to include installation
  • have the spare parts covered in the contract
  • be installed correctly by you – when it applies
  • have information on digital updates that support the product – when it applies

Consumer law outlines that you must also provide what a consumer will reasonably expect when you supply the product. They are known as objective obligations. You must ensure the product you sell:

  • is fit for all the purposes which it would normally be used for
  • has the qualities and features (for example, functionality, compatibility) of similar type goods
  • is durable and the performance is maintained with normal use
  • matches any advertisements or labelling
  • is the same quality and description as any samples
  • has spare parts (if covered in any description of the goods, offer or adverts)
  • is delivered with the accessories and instructions the consumer will reasonably expect

These obligations do not apply when:

  • you told the consumer that the product did not meet a particular requirement and they accepted
  • the issue is due to normal wear and tear or accidental damage or misuse
  • the consumer did not install a digital update that was needed for the product to work properly, and:
    • there was no issue with the installation instructions you provided
    • the consumer knew what would happen if they did not install it

The products that are covered by consumer law include:

  • all physical movable items
  • goods that depend on digital content or a digital service to perform their function. For example, a mobile phone that uses operating software to work properly
  • second hand items

A consumer has the right to have their issue resolved for up to 6 years. The 6 years starts from the date the consumer received the goods. During the first year it will be up to you to show that the product was not faulty when you delivered it. After the first year, the consumer must show that the product was faulty.

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.