Sales do not affect your rights as a consumer

File photo dated 20/11/20 of shoppers walking past black Friday sale posters. Nearly nine in 10 Black Friday "deals" could be found at the same price or cheaper earlier in the year, analysis by Which? suggests.

With the Black Friday sales over and the January ones still ahead, now is a good time to review exactly what your consumer rights are when you snap up a bargain.

The short answer is that it doesn’t matter when you buy, or for what price. Your rights as a consumer are the same whether there’s a sale on or not.

These rights became a little stronger this week when the Consumer Rights Act 2022 came into force. In relation to redress for faulty goods, for example, consumers now have the option of simply cancelling a faulty purchase within 30 days for a full refund.

In all cases, what you buy must be as described to you, fit for the intended purpose and be of satisfactory quality.

You do have to prove that the item was bought in a particular shop but remember that this doesn’t mean you need the receipt. If you’ve lost that little scrap of paper and you paid for the item with a card, your card statement will do the job just as well, and the retailer must accept this as proof of purchase.

Don’t however kick up a storm if you’ve no grounds. If the product isn’t faulty, the shop doesn’t have to take it back. These days, very many shops have customer friendly returns policies, but the point is they don’t have to take things back unless there’s a problem.

During a sale, the shop may waive this policy and decide against taking things back simply because you’ve had second thoughts. It’s wise to double check current policy before you allow them to ring it up.

If there is a problem with something you’ve bought, don’t put it on the long finger. For one thing, it is a tacit sign that you’re happy with the goods or service. For another, there may well be a time limitation on making a complaint. (Complaints about package holidays must be made within 28 days of returning home). You’ll undermine your own case if you keep using faulty goods and delay going back to the shop.

In these circumstances, you may find that you’re no longer entitled to a full refund but may have to settle for a partial refund or a repair. And, as the Competition and Consumer Protection Commission (CCPC) points out, you’ve no comebacks if the fault has arisen because you misused the goods, if the fault was pointed out at the time of purchase or if there are superficial faults that you should have spotted when you were buying the thing in the first place.

Keep every bit of paper and record every interaction you have with the good or service provider, just in case things have to be taken further. Having a thorough history of your dealings will always add weight to your claim. So, hold onto receipts, credit card statements and invoices, and make a note of what’s said on phone calls if and when you phone. Note the times of these calls too. And if you’re complaining in writing, keep a copy of what you send as well as any replies you receive.

If you have a genuine problem, the shop is not allowed to tell you to take it up with the manufacturer. Under consumer law, your contract is with whoever sold you the goods, not whoever made the goods, so it’s up to the seller to sort the problem.

"Hold onto receipts, credit card statements and invoices, and make a note of what’s said on phone calls if and when you phone."

Signs that say ‘No Refunds’ or ‘No Exchanges’ may be illegal. Again, the fact that they’ve reduced their prices and stuck up ‘Sale’ signs does not change your rights.

If you can’t get satisfaction, the next step is to make a formal complaint, in writing. Get the name of the most senior person and/or the right department. Keep your email or letter short and to the point. State your rights, say what you want, give them a reasonable timeframe to comply and attach copies – not originals – of any documentation.

When you buy online – from within the EU at least – you have access to a wider set of consumer rights than you get on the main street. There’s a 14 day cooling off period during which you can return the goods or withdraw from the service without having to give any reason and without incurring any penalty.

There are many exceptions to this handy little rule however: hotel bookings, car rental, travel tickets and other leisure services, personalised goods, audio/video content and products, perishable goods, gaming and lottery services.

As the European Consumer Centre (ECC Ireland) points out, your purchase should be delivered within 30 days unless you agree otherwise with the seller. And there are a range of grounds for cancelling the order and claiming a refund, most notably if the trader fails to deliver by a date which you specify. When the contract is cancelled, the trader is obliged to refund you within 14 days.

Check the purchase as soon as it arrives, and as with offline retailers, don’t hang about if there’s a problem. Get in touch with the trader straight away and let them know. Tell the seller in writing about any problems you have, ask for a repair or refund, and keep a copy of your correspondence.

The aforementioned Consumer Rights Act, which came into effect on Monday night, also insists on greater accountability for service providers . Trades people and vendors must provide tangible redress if services are not up to the agreed standard.

There are also new rules for online marketplaces like eBay, Amazon and Etsy . They will now have to meet transparency requirements on search rankings and seller details.

Ever wonder if the price reduction in the sale is as big as the shop claims it is? This week also saw the introduction of the Price Indication Directive, which aims to end the practice of raising product prices immediately prior to a sale in order to advertise misleadingly large discounts. From Monday, any business advertising a discount is required by law to display the previous price which must be the lowest price applied in the previous 30 days. Keep that in mind when the January sales signs go up.

Kevin O’Brien of the CCPC says that r ecent research showed that 61% of consumers distrust sale prices.

“The new transparency requirements should increase consumer confidence and ensure a fairer playing field for businesses when advertising discounts.”

He believes that t he Consumer Rights Act is a significant step forward for consumer rights in Ireland.

“ This Act gives clarity to consumers – whether you’re calling a plumber, buying a gift or signing up to a streaming service, you are protected by this legislation. Through our website, helpline and outreach, we will provide detailed information to consumers on their new entitlements and options under the Act. ”