This Months Topic: Your Rights In The Winter Sales

Consumer rights in the winter sales

December 2009

The post-Christmas sales can offer good value for price-conscious consumers. But remember that your rights as a consumer don't go away if you buy things in the sales. Read our frequently asked questions about what to watch out for.

What if the product turns out to be faulty?

Your consumer rights are exactly the same in the sales as at any other time of year. If the item turns out to be faulty, the shop must offer you a refund, repair or replacement.

If the shop refuses to give you at least one of these three options, report it to the National Consumer Agency.

What is the refund if I bought it before the sales

The refund price is the price you paid at the time - not the price in the sales.

If you bought a product before the sales and it turns out to be faulty, the shop may offer you a refund (rather than a repair or replacement).
If it does offer a refund, this has to be at the original price you paid - not the sale price if the same type of product now happens to be in the sale. Remember to show your receipt as proof of what you paid.

What if I lose the receipt?

Your consumer rights still apply. While the shop is entitled to see proof of purchase, they may accept a credit card bill or a bank statement rather than your receipt.

What if they have 'no exchange' signs?

Some shops put up these type of signs during the sales, along the lines of "No money refunded", "No refunds during sales", "No exchange" or "No liability accepted for faulty goods".

These signs can give the impression that you don't have certain consumer rights. So the shop may be committing an offence in using them, and it could face prosecution.

What if I just change my mind?

You are not entitled to an exchange (or a refund or a credit note) simply because you change your mind about something you've bought in a shop, whether this is during the sales or at any other time of the year.

So double-check the shop's refund policy before buying anything. Some shops do allow you to exchange goods that you've had second thoughts about, but remember that it is at their discretion and a goodwill gesture.

Do I have to accept a credit note?

No, not even if the shop assistant insists that is their policy. If the product is faulty, you are still entitled to a replacement, a repair or a full refund.

What about 'seconds'?

If the shop describes the goods as seconds or shop-soiled, this means they are not perfect. In this case you cannot expect the same standard as new goods.

So always check for any major flaws. Be careful of buying goods that are on sale because they are damaged or defective. The shop must have a clear sign on or next to the goods explaining that they are damaged.

Are the prices really reduced?

If the shop says the products have a reduced price in the sale, they should have had these products on offer at the advertised original price for at least 28 days before the price was reduced.

For example, a shop is not allowed to have a sign or label on a product saying "reduced by 20 per cent" if this is the first time that it is selling this particular product.

If I partially use a gift voucher, do they have to give me the rest in change?

Not necessarily. You only have the right to get change if the voucher's terms specifically state that change will be given.

It is up to you to use the voucher's full value. But some shops will give you a new voucher as change (if the amount exceeds €5), or will give cash change if it is under €5.

What do I do if I lose a gift voucher?

The shop doesn't have to replace it. Losing a gift voucher is almost like losing a bus ticket - or like losing cash - so always keep it somewhere safe.

But if the voucher was made out to you specifically and is not transferable to another person, the shop may be bound to issue you a new one and cancel the original voucher. Check the terms and conditions.

The shop says the gift voucher is past its expiry date - what do I do?

This can be a major problem for consumers. Some gift vouchers have expiry dates of as little as six months.

So whether or not you intend using gift vouchers to buy things in the sales, always watch out for their expiry dates.

Learn more

Find out more about our campaign on gift vouchers

Read more about your consumer rights when shopping
 

For other consumer information contact:

National Consumer Agency