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Mark Stedman/Photocall Ireland

Shoppers should soon get a lot more rights - here's how

Consumer laws are about to get a shake up.

Updated 14.07

EXPIRY DATES ON gift cards will be banned and faulty goods will automatically qualify for refunds under a major revamp of consumer-protection laws.

But services bought online from companies plying their trade from outside Ireland and the EU will remain untouched under a customer rights bill which the government claimed would “bestow major new rights on consumers”.

Jobs Minister Richard Bruton said the changes were mainly targeted at two things: improving consumer rights for online purchases and clearing up gaps that had emerged in regulations over the years.

The suggested changes, which won’t be brought in until at least mid-next year, include:

  • A ban on gift-card expiry dates
  • A standard 30-day refund period on all faulty goods
  • The right to have substandard services fixed or refunded
  • Statutory rights for people downloading or streaming digital contents like music and apps
  • People given goods as gifts to have the same rights as those who bought products themselves 

The laws, if passed, will be a significant strengthening of existing customer protections. In the cast of refunds for faulty goods, for example, there are currently no hard-and-fast regulations for when faulty goods should be repaired, replaced or refunded.

A ‘natural imbalance’

Bruton told RTÉ’s Today with Sean O’Rourke there was a “natural imbalance” between consumers and retailers, and the changes would fix issues like gift voucher expiry dates that “really irritate people”.

Legislation in this field really hasn’t been changed in Ireland since the 1980s,” he said.

Fine Gael Conferences Bruton and Taoiseach Enda Kenny Sam Boal / Photocall Ireland Sam Boal / Photocall Ireland / Photocall Ireland

However the rules would only apply to companies subject to Irish law, which meant firms selling digital products from overseas would still fall outside the net.

There is a lot of European legislation of course, but this is strengthening a lot of the provisions and we are making very significant changes,” Bruton said.

The proposals will be put out for consultation over the next three months with charges targeted to start in mid-2016.

First published 9.47am

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29 Comments
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    Mute Fiach Moriarty
    Favourite Fiach Moriarty
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    May 25th 2015, 10:02 AM

    I remember having a Blanchardstown centre gift card and using it about 14 months after receiving it. A €60 gift card had €4 left on it because it diminished by €4 every month

    281
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    Mute Christine Hanway
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    May 25th 2015, 5:03 PM

    Read recently the one for all An post vouchers now have something like €1.45 a month deducted off them from the government (there supposed to be tax free) surely u leave it long enough money will completely disappear!

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    Mute Dermot Meehan
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    May 25th 2015, 5:35 PM

    Fiach, just for clarity, the first 12 months from the time the gift card is activated (ie, on purchase) the card is exempt from any service fees. So when you received the card it was probably already about 12 months old. These “gift cards” are prepaid MasterCards and the application of a fee offer 12 months sits within the rules set out by the 2nd e-money directive passed in Brussels, and to which the Irish government adheres to by omission to challenge. I believe the shopping centre does not get that money, rather it is the company that provides the programme, which makes some sense, otherwise what would be the purpose of their business?! You can look at the terms and conditions on the Blanchardstown SC gift card link. Thanks

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    Mute brian magee
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    May 25th 2015, 6:20 PM

    Christine, that’s a one4all charge not the government,

    Can we impose a fine on people spreading factual incorrect rumours ?

    25
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    Mute Christine Hanway
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    May 25th 2015, 6:24 PM

    Calm down Brian.. never said it was fact.. hence the “I read recently” comment police in full force today!

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    Mute brian magee
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    May 25th 2015, 6:34 PM

    If you weren’t trying on inform people , then why bother saying it?

    Simple fact is your post is a blatant lie, that has no truth. And by posting it the nonsense perpetuates

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    Mute Christine Hanway
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    May 25th 2015, 9:38 PM

    Article 2.7 I wudn exactly say a blatant lie… as I said calm urself down ur getting very worked up about this…. https://www.one4all.ie/terms-conditions

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    Mute Bernadette Dunne
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    May 25th 2015, 10:10 AM

    I always said that companies had no right to have an expiry date on gift cards after all they had taken the cash and while the gift card has not been spent the money is still there Delighted to hear this it not before time that expiry dates are abolished. There has been millions lost to the consumer because of the expiry date

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    Mute John Quill
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    May 25th 2015, 10:33 AM

    To be fair, most of the retailers I know that own their own businesses will honour gift cards well beyond their expiration. They still love them as people often forget all about them. Its like free money for retailers. I usually try and use mine but I know I have a load lying around with €1.37 or some other stupid amount on them.

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    Mute Andrea Rock Massey
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    May 25th 2015, 3:04 PM

    You can donate small amounts left on Blanchardstown SC gift cards to the local hospice via the customer service desk in the centre. Better than the centre keeping it all, all those little amounts from people add up.

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    Mute P1
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    May 25th 2015, 5:19 PM

    Now they need to sort out those service charges on tickets bought on Ticketmaster which are a total rip~off

    56
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    Mute Patrick Forbes
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    May 25th 2015, 11:27 AM

    Just to clarify, the main reason retailers include an expiry date is for accounting issues. It makes an audit of this area far more straightforward as well as reducing any issues revenue might take with the vouchers.

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    Mute Erica O'Neill
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    May 25th 2015, 2:40 PM

    Very true! Good luck to financial audits at the end of the year cos there books are never going to balance now.

    Thing is… I don’t get why anyone would hold onto a gift card longer than a year? It’s a GIFT, would you leave a pressent unwrapped for a year. Just saying! That’s why I hate giving giftcards, presents all the way for me

    25
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    Mute Drew
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    May 25th 2015, 10:51 AM

    M&S Twitter team missed a good exposure opportunity… A lawyer having a moan publicly on Twitter that he’s being held to the simple T&Cs of a supermarket gift card.

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    Mute Stephen Doyle
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    May 25th 2015, 9:55 AM

    Will there be a referendum?

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    Mute Joseph O'Regan
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    May 25th 2015, 2:55 PM

    It will all be for nothing if they get their way and sign up to TTIP

    25
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    Mute Cupid Stunt
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    May 25th 2015, 10:17 AM

    Has there been a stealth tax put on these cards lately?

    23
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    Mute Powerful Sayings
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    May 25th 2015, 2:08 PM

    No. Did you read that of Facebook? There’s a stupid post about it and loads are up in arms over it.

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    Mute Cupid Stunt
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    May 25th 2015, 2:13 PM

    Yeah I saw it on Facebook. So it’s not true.?

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    Mute Matt Connolly
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    May 25th 2015, 2:15 PM

    If it’s on facebook – it’s true.

    31
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    Mute Christine Hanway
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    May 25th 2015, 5:06 PM

    This was concerning one for all An post vouchers. They are tax free, many business’ use them as a bonus to employees instead of paying tax on money.. However apparently now the government are taking something like €1.45 a month or something like tat off the cards.. getting their money’s worth ya no!

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    Mute Jason
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    May 25th 2015, 5:11 PM

    except its a lie…and they are not tax free once you get more than €250 worth.

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    Mute Christine Hanway
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    May 25th 2015, 5:11 PM

    They should also look into the phone contract and insurance fiasco’s.. consumers don’t have a leg to stand on with these phone companies. Witnessed it 1st hand meself on many occasions including bogey replacement phones from insurance covers, new phones turning out to be faulty. Only Samsung themselves replaced my phone vodafone wud of left me to blow up with the one I had. This whole act of there repair centre word is final even when u have an independent report from Samsung themselves. They throw out charges to beat the band. Don’t inform you of all the correct information! Defo needs more legislation on board! They take customers for a serious jont!

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    Mute Sean O Brien
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    May 25th 2015, 3:46 PM

    When buying things on the internet we have the european distance selling regulation,we have 14days to change our mind about a purchase and get a refund
    I nearly buy everything online apart from food of course,

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    Mute brian magee
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    May 25th 2015, 6:22 PM

    How’s your wife’s English coming on ?

    12
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    Mute Martin Hayes
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    May 25th 2015, 8:39 PM

    Will we be able to get recompense for the substandard service delivered by government?

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    Mute Michael Sands
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    May 25th 2015, 8:48 PM

    The prostitute said it was 60 minutes but it was more like 50, who do I see then, only joking…

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    Mute Michael Sands
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    May 25th 2015, 8:46 PM

    My glow in the dark condom battery was drained, who do I see then, someone with a flashlight lol.

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    Mute davidhanks
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    May 25th 2015, 12:37 PM

    Problem with the 30 day refund is you’ll get people buying products, using them then seeking a refund for ‘faults’. I work in a shop that offers change of mind refunds on everything but we regularly have people use things then try to get a refund. Imagine if you could buy an expensive suit for a wedding, pop off a button and return it for a full refund. The idea of refund, replace ir repair is to cut out this behaviour

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