Shopping in the sales

I wish to buy a jumper in the sales, but there are signs in the shop that ‘goods on sale will not be exchanged’ and ‘goods on sale cannot be tried on’. Can the retailer do this?

As the Sale of Goods and Supply of Services Act 1980 states, a consumer’s rights when buying in the sales are the same as at any other time. Because your legal right is to a replacement or refund of price in the case of a faulty item, it is an offence for shops to put up notices which say:

• No cash refunds.
• Credit notes only.
• Goods on sale not exchanged.

No sign can affect your statutory rights. Unfortunately there is no obligation on the retailer to take back an item that is not faulty. Many retailers will still exchange items once you have a receipt, but this is good customer relations, not a requirement. Similarly, retailers need not provide facilities for you to try on clothes. However, it’s always a good idea to insist, where possible, as this allows you to find any possible defect in the goods, as well as checking size and fit.

I bought an expensive jacket, but once at home I found out that the inner lining was torn. The seller says he will give only a credit note for sale goods, but not a refund. I want my money back. What can I do?

Under the Sale of Goods and Supply of Services Act 1980 (section 10), consumers are entitled to goods of merchantable quality. This means that goods should be of reasonable quality taking into account what they are meant to do, their durability and their price. Since your jacket does not meet these conditions, you may refuse to accept the credit note and may seek a replacement or refund. Remember, when you buy goods in a sale you have the same rights as when you pay full price for the goods, so the seller may not legally insist on a credit note. It is important in a case such as this one to act as soon as possible – a delay can indicate that you have accepted faulty goods. You should always begin with informal ways to solve the problem, as issues can often be remedied by contacting the retailer. If he will not help even after you have put your complaint in writing, or if you are not happy with his final offer, you may consider going to the Small Claims Court, which costs €15 and may be used for claims up to €2,000.

I’m going to buy a lot in the sales this year; can you offer some advice before I go?

We’re all familiar with the end of season sales. There are bargains to be found, but you have to keep your eyes wide open. Our top five tips to avoid traps during sale shopping:

• Be suspicious when you see signs for excessive discounts; rather, refer to shops you already know to buy goods on sale. Discounts for more than 30-40% often hide old stock. Also watch out for possible full-priced goods sold together with goods on sale.
• Look around a few days before the sales start, so you know what’s on offer. Compare prices of several shops, and take note of the best deals.
• Make sure all clothing is correctly labelled with the composition of the fabric and with instructions for care.
• Sale goods must not be falsely described. False or misleading trade descriptions are offences for which the National Consumer Agency (NCA) can prosecute. If you buy goods based on a false description, contact the NCA (see Useful contacts).
• The contract for the sale of goods is between consumer and retailer. Thus, if there is a problem, know that you are not obliged to contact an importer, much less a manufacturer, in order to claim your rights.