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Consumers are entitled to have their rights and interests protected by law. Irish
legislation, has evolved as a distinct area of law that concentrates on the general
The Consumer Protection Act 2007 (CPA) provides protection to the consumer
Under the CPA it is a criminal offence for any retailer to make a false or
misleading claim about goods, services and prices. It is also an offence to sell
practices. In other words, when a breach of good faith occurs and the consumer
is denied the reasonable standard of skill and care which they are entitled to.
The CPA lists 32 commercial practices which are prohibited in all circumstances.
The Consumer Rights Directive (CRD) came into force in 2014 and provides
consumers with increased protection when they enter into on premises, off
premises (doorstep sales) and distance contracts with web traders based in
online, over the phone, from a mail order catalogue or from a TV shopping
extended right of withdrawal period. You will also be obliged to refund consumers
more promptly.
Consumers can withdraw from a distance selling contract and seek a full refund
within 14 days of the date on which they received the goods. In the case of a
contract for a service, the cooing-off period ends 14 days after the contract starts.
This has been extended from the previous seven day cooling off period. Your
business is responsible for informing the consumer of this right. The consumer is
responsible for the cost of returning the goods (as long as this cost was made
clear to them beforehand). If you want, you can provide a sample withdrawal
form on your website, making it easier for consumers to avail of this right.
Pre-ticking boxes during the booking process may cause some consumers to
inadvertently pay for extras that they do not require. Under the CRD, this practice
is prohibited. Consumers must explicitly indicate that they opt-in to any extra
You must disclose the total cost of the product or service, including any
additional fees (e.g. taxes or delivery charges), before the order is confirmed.
Consumers will not have to pay extra charges if they you do not properly inform
Previously, online sellers were obliged to refund consumers who withdrew from a
contract within 30 days. Under the CRD, this period has been shortened to 14
Ban on surcharges
The CRD prohibits businesses from imposing credit or debit card charges which
exceed the actual cost borne by the provider of offering this method of payment.
If you operate a hotline, you are not allowed to charge more than the basic
Consumers who avail of the fourteen day cooling off period have to pay for the
cost of returning unwanted goods. The CRD states that if you expect the
consumer to pay to return an item, you must clearly inform the consumer of this
beforehand. Otherwise, you will have to cover the cost of the consumer returning
the item. You are also obliged to provide an estimate of return costs in advance if
the item is bulky or difficult to transport, so the consumer may make an informed
Consumers must be clearly told about the compatibility of digital content with
hardware and software. They must also be told if there are any technical
withdrawal applies to digital content, but only up until the actual downloading
process beginning.
For more information on your obligations under the CRD, take a look at
protection law
in the CPA, your commercial practices are not unfair, misleading, aggressive or
prohibited. Ensure that you comply with pricing and price display regulations, as
contracts in your business, you need to ensure that your contract terms are fair.
unfair advantage over the consumer, or takes away the consumer’s legal rights.
Contracts) Regulations 1995, requires that standard terms are written in plain
considered unfair, for example terms, which provide for an automatic renewal of
a contract without the consumer’s agreement. More information on how you can
ensure your contract terms are fair can be found in the CCPC’s Guidelines here.
The guidelines will assist in explaining what an unfair term is and how your
business can ensure that your standard form consumer contracts terms are fair.
Make sure that you comply with obligations contained in the European Union
The quality of goods and services that consumers purchase are addressed by
the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act,
1980.
You must make sure that the goods you sell comply with the general safety
The CCPC has a range of powers to help achieve compliance with consumer
Prosecution
Prohibition orders
Compliance notices
Undertakings
general rule, you can either repair or replace the item. Alternatively, you
can refund the costs of the item or service to the consumer. There are no
specific rules as to which remedy you should provide for the consumer;
response to their issue, they make take a claim against you using the
(b) in the case of sensitive personal data, at least one of the conditions in
2. Personal data shall be obtained only for one or more specified and
5. Personal data processed for any purpose or purposes shall not be kept
adequate level of protection for the rights and freedoms of data subjects in