Presentation on theme: " A consumer is a person who buys goods or services. Consumers have certain rights and responsibilities. When a consumer buys goods, they are creating."— Presentation transcript:
A consumer is a person who buys goods or services. Consumers have certain rights and responsibilities. When a consumer buys goods, they are creating a contract with the seller. If the goods are damaged, then this contract is broken.
Aunt May bough 2 tickets to the Gareth Brooks concert and gave them to her niece. The concert was cancelled. Who is the consumer? Who is party to the contract? Was it broken? What is the remedy?
A good consumer will be informed of any agencies, legislations and organizations that can protect them if they are unhappy with a product. Consumers should avoid impulse buying and plan their weekly budget so that they can avoid overspending.
If there is a fault with the goods after being purchased the consumer has the right to complain. Consumers are entitled to a full money Refund, a Replacement or a Repair of the goods if their rights under the Sale of Goods and Supply of Services Act have been broken. 3Rs
Misleading advertising Unsafe or low quality goods Slick sales methods Overcharging or incorrect weights
If the consumer has changed their mind about the goods If the consumer has interfered with the goods themselves If the fault with the goods was pointed out to the consumer at the time of purchase e.g. ‘seconds’ or shop-soiled items If the consumer does not return the goods within a reasonable period of time after purchase
1. The Sale of Goods and Supply of Services Act 1980 2. Consumer Protection Act 2007 3. The Consumer Information Act 1978
This law protects the consumer by ensuring that all goods are: ◦ of merchantable quality ◦ fit for their purpose ◦ ‘as described’ ◦ Conform to the sample.
If you have a contract with a supplier of services you can expect that: The supplier has the necessary skill to provide the service The service will be provided with proper care and diligence The materials used will be sound and that goods supplied with the service will be of merchantable quality
If you are not satisfied with the quality of goods or services you can: Return the goods to the supplier who sold it to you (you should not return the goods to the manufacturer) Act as soon as you can – a delay can indicate that you have accepted faulty goods or services Do not attempt to repair the item yourself or give it to anyone else to repair it Make sure that you have a proof of purchase (a receipt, cheque stub, credit card statement or invoice)
This law protects consumers against false or misleading advertising, which may be to do with goods, price, quality or service. It also set up the Office of the Director of Consumer Affairs – now replaced by the National Consumer Agency
1. Identify the problem – stop using the product 2. Go to the seller and tell them what you want – 3 Rs ◦ Put your complaint in writing and send your receipt ◦ Keep a record of all documentation and communication 3. Get help ◦ Contact Consumer Agency for general complaints ◦ The relevant Ombudsman if the complaint is against a State agency, an insurance company or a bank ◦ Advertising Standards Authority ◦ Contact relevant trade organization ◦ Consumer Association of Ireland ◦ Citizens Information ◦ Bring seller to Small Claims Court ◦ Solicitor
National Consumer Agency Ombudsman Advertising Standards Authority Relevant trade organization Consumer Association of Ireland Citizens Information Small Claims Court Solicitor 3 Rs – Replace, Repair, Refund
http://www.consumerhelp.ie/ http://www.consumerhelp.ie/ The National Consumer Agency (NCA) is a statutory body established by the Irish Government in May 2007 (Consumer Protection Act 2007) to enforce consumer law and promote consumer rights. 1.Enforcement 2.Information provision 3.Research
Peter Tynall Examine complaints from people who feel they have been unfairly treated by certain public bodies, for example, government departments, local authorities, the HSE and publicly funded third level education bodies. www.ombudsman.gov.ie www.ombudsman.gov.ie There are also some industry specific ombudsman offices.
The Advertising Standards Authority for Ireland is the independent self-regulatory body set up and financed by the advertising industry and committed, in the public interest, to promoting the highest standards of marketing communications, that is, advertising, promotional marketing and direct marketing. The objective is to ensure that all commercial marketing communications are 'legal, decent, honest and truthful'.
www.dataprotection.ie www.dataprotection.ie Data protection is about your fundamental right to privacy. Individuals' rights: You can access and correct data about yourself. Organisations' responsibilities: Those who keep data about you have to comply with data protection principles. How the rights and principles apply in different practical situations like for example in the workplace or the use of CCTV.
What is data protection? When you give your personal details to an organisation or individual, they have a duty to keep these details private and safe. This process is known as data protection. We refer to organisations or individuals who control the contents and use of your personal details as 'data controllers'. Most of us give information about ourselves to groups such as Government bodies, banks, insurance companies, medical professionals and telephone companies to use their services or meet certain conditions. Organisations or individuals can also get information about us from other sources.
Personal data means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller. This can be a very wide definition depending on the circumstances. Sensitive personal data relates to specific categories of data which are defined as data relating to a person?s racial origin; political opinions or religious or other beliefs; physical or mental health; sexual life; criminal convictions or the alleged commission of an offence; trade union membership.
When do these rights apply? You have the right to data protection when your details are: ◦ held on a computer; ◦ held on paper or other manual form as part of a filing system; and ◦ made up of photographs or video recordings of your image or recordings of your voice. What is the aim of these rights? Data protection rights will help you to make sure that the information stored about you is: ◦ factually correct; ◦ only available to those who should have it; ◦ only used for stated purposes.
1. Right to have your details used in line with data protection regulations 2. Right to information about your personal details 3. Right to access your personal details 4. Right to know if your personal details are being held 5. Right to change or remove your details 6. Right to prevent use of your personal details 7. Right to remove your details from a direct marketing list 8. Right to object 9. Right to freedom from automated decision making 10. Right to refuse direct marketing calls or mail
To request access to your details, send a letter or email to the organisation or person holding your personal details and ask them for a copy of this information. The details should be easy to understand and you should receive them within 40 days of your request. You may have to pay a small fee, but this cannot be higher than €6.35. In your request you should: ◦ give any details that will help the person to identify you and find your data – for example a customer account number, any previous address or your date of birth; and ◦ be clear about which details you are looking for if you only want certain information. This will help the organisation or person respond more quickly.
1. Obtain and process information fairlyObtain and process information fairly 2. Keep it only for one or more specified, explicit and lawful purposesKeep it only for one or more specified, explicit and lawful purposes 3. Use and disclose it only in ways compatible with these purposesUse and disclose it only in ways compatible with these purposes 4. Keep it safe and secure Keep it safe and secure 5. Keep it accurate, complete and up-to-dateKeep it accurate, complete and up-to-date 6. Ensure that it is adequate, relevant and not excessiveEnsure that it is adequate, relevant and not excessive 7. Retain it for no longer than is necessary for the purpose or purposesRetain it for no longer than is necessary for the purpose or purposes 8. Give a copy of his/her personal data to an individual, on requestGive a copy of his/her personal data to an individual, on request Certain categories of data controllers are also obliged to register with the Data Protection Commissioner.
The Data Protection Commissioner aims to make sure that your rights are being upheld and that data controllers respect data protection rules. If you think that an organisation or person is breaking these rules and you are not satisfied with their response to your concerns, you can complain to the Commissioner. How do I make a complaint to the Commissioner? To make a complaint, simply write to or email the Data Protection Commissioner explaining your case.
Standards - definition Standards are agreed criteria designed to ensure that products and services meet minimum thresholds. They cover areas such as: Quality Performance Design Safety Environmental impact. Standards create a climate of trust in the marketplace for goods and services. For customers, a certified standard is a badge of quality. For business, it can provide protection against unfair competition and help instil consumer confidence. http://www.nsai.ie/Our-Services/Standardization/About- Standards.aspx
Standards can be a voluntary (Fáilte Ireland) or a legal requirement (H&S) Standards can be set internally to the organisation or industry or externally by a governing authority. Internal Standards http://www.revenue.ie/en/about/custservice /standards.html http://www.revenue.ie/en/about/custservice /standards.html External Standards http://www.iso.org/iso/home/news_index/is o-in-action/services.htm http://www.iso.org/iso/home/news_index/is o-in-action/services.htm
NSAI works closely with the Irish Government and provides support to the Department of Enterprise, Trade, Employment and Innovation on the subject of the removal of technical trade barriers.Department of Enterprise, Trade, Employment and Innovation The standardization of most products and services is a voluntary process. However, some standards are established by law, through European Directives and Irish legislation. These are designed to protect the public and employees, and include: Compulsory safety standards Compulsory safety standards Standards referenced in Statutory Instruments Standards referenced in Statutory Instruments Toy Safety Standards Toy Safety Standards Food hygiene standards Food hygiene standards
http://www.iso.org/iso/home.html International Standards Authority http://www.iso.org/iso/home.html The ISO 9000 series of international Quality Management Standards was developed to help organizations establish an effective quality management system capable of inspiring confidence among consumers and business partners.
The Health & Safety Authority set out specific standards that help organisations comply with H&S legislation http://www.hsa.ie/eng/ Health & Safety http://www.hsa.ie/eng/
www.hiqa.ie Health Information & Quality Authority www.hiqa.ie http://www.centralbank.ie/regulation/Pages/ho me.aspx Financial Regulation http://www.centralbank.ie/regulation/Pages/ho me.aspx www.Fáilteireland.ie Tourism sector www.Fáilteireland.ie http://www.icgp.ie/go/in_the_practice/quality_in itiatives/quality_award http://www.icgp.ie/go/in_the_practice/quality_in itiatives/quality_award ICGP Quality in Practice Awards 2014
Awards and Certification also help organisations comply with legal standards or to achieve a voluntary standard of service. For example; excellence through people award http://www.nsai.ie/our- services/certification/excellence-through- people.aspxhttp://www.nsai.ie/our- services/certification/excellence-through- people.aspx
Q Mark http://www.eiqa.com/http://www.eiqa.com/ Q Mark for Nursing Homes Leisure Centres Able Hygiene Award