Consumer Remedies
Consumer Rights Act 2022
Chapter 3
Consumer remedies in sales contracts
Right to remedies under sections 24 and 25
23. (1) Where goods are not in conformity with the sales contract at the relevant time, the consumer shall have the following rights—
(a) the right to exercise the short-term right to terminate the sales contract in accordance with section 24 , and
(b) subject to subsections (2) and (3), the right to have the goods brought into conformity with the contract through repair or replacement in accordance with section 25 .
(2) The consumer may choose between the remedies of repair and replacement of the goods unless the remedy chosen by the consumer—
(a) would be impossible for the trader to carry out, or
(b) compared to the alternative remedy, would impose disproportionate costs on the trader, taking all the circumstances into account, including—
(i) the value that the goods would have if there were no lack of conformity,
(ii) the significance of the lack of conformity, and
(iii) whether the alternative remedy could be provided without significant inconvenience to the consumer.
(3) The trader may refuse to bring the goods into conformity with the sales contract if both repair and replacement—
(a) are impossible for the trader to carry out, or
(b) compared to the alternative remedy, would impose disproportionate costs on the trader, taking all the circumstances into account, including those specified in subsection (2)(b)(i) and (ii).
Short-term right to terminate sales contract
24. (1) This section applies where the consumer has the short-term right to terminate the sales contract under section 23 (1).
(2) Subject to subsection (4), the time limit for exercising the short-term right to terminate the sales contract expires at the end of the period of 30 days beginning with—
(a) where the contract requires the trader to install the goods after their delivery or to take any other action to enable the consumer to use the goods, the completion of that installation or other action, or
(b) in any other case, the relevant time.
(3) Subsection (2) does not prevent a consumer who has a right to terminate the sales contract from terminating it before the completion of the installation or other action or, as the case may be, the relevant time.
(4) Where the goods are of a kind that can reasonably be expected to expire or deteriorate within a shorter period than 30 days, the time limit for exercising the short-term right to terminate the sales contract shall be the expiry of that shorter period.
(5) In case of dispute, it shall be for the trader to show that a shorter period than 30 days applies to the consumer’s right to terminate the sales contract under subsection (4).
(6) Where the consumer has the right to terminate the sales contract under this section and wishes to exercise that right—
(a) the consumer shall exercise that right in accordance with section 28 , and
(b) the trader shall comply with the obligations in section 30 .
Repair or replacement of goods
25. (1) This section applies where goods are to be brought into conformity with the sales contract by repair or replacement.
(2) The trader shall ensure that the repair or replacement of the goods is carried out—
(a) free of charge,
(b) within a reasonable time after being informed by the consumer of the lack of conformity with the sales contract, and
(c) without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.
(3) Subject to any provision made by regulations under subsection (8), the reasonable time for completing the repair or replacement of the goods under subsection (2)(b) shall correspond to the shortest possible time necessary for completing the repair or replacement and shall be objectively determined having regard to—
(a) the nature and complexity of the goods,
(b) the nature and severity of the lack of conformity with the sales contract, and
(c) the effort needed to complete the repair or replacement.
(4) The consumer shall make the goods to be remedied by repair or replacement available to the trader.
(5) The trader shall take back the replaced goods and the goods to be repaired at the trader’s expense.
(6) Where a repair requires the removal of goods that had been installed in a manner consistent with their nature and purpose before the lack of conformity with the sales contract became apparent, or where such goods are to be replaced, the trader’s obligation to repair or replace the goods shall include—
(a) the removal of the goods that are not in conformity with the sales contract and the installation of replacement goods or repaired goods, or
(b) bearing the costs of that removal and installation.
(7) The consumer shall not be liable to pay for the normal use of the replaced goods during the period prior to their replacement.
(8) The Minister may—
(a) where he or she is satisfied that such regulations would be in the interests of consumer protection and fair competition, and
(b) after consultation with such persons as the Minister considers appropriate,
by regulations specify the period in relation to a specific category of goods that is to be generally regarded as “reasonable” for the repair or replacement of that category of goods for the purposes of subsections (2)(b) and (3).
Right to proportionate reduction in price or final termination of sales contract
26. (1) This section applies where—
(a) the consumer has exercised his or her right under section 23 (1)(b) and—
(i) the trader has refused to bring the goods into conformity with the sales contract in accordance with section 23 (3), or
(ii) the trader has not completed the repair or the replacement of the goods or, where applicable, has not completed the repair or replacement in accordance with section 25 ,
(b) the same or a different lack of conformity of the goods with the sales contract becomes apparent despite the trader having attempted to bring the goods into conformity with the sales contract,
(c) the lack of conformity of the goods with the sales contract is of such a serious nature as to justify an immediate reduction in the price or the termination of the sales contract, or
(d) the trader has declared, or it is clear from the circumstances, that the trader will not bring the goods into conformity with the sales contract within a reasonable time or without significant inconvenience to the consumer.
(2) Subject to subsections (5) and (7), the consumer shall have—
(a) the right to a proportionate reduction in the price in accordance with section 27 , or
(b) subject to subsection (3), the right to exercise the final right to terminate the sales contract in accordance with section 28 .
(3) The consumer shall not have the right to exercise the final right to terminate the sales contract under subsection (2)(b) if the lack of conformity of the goods with the sales contract is minor.
(4) In case of dispute, it shall be for the trader to show that the lack of conformity of the goods is minor.
(5) Where subsection (1)(b) applies, it shall be objectively determined, taking all the circumstances into account (including the matters mentioned in subsection (6)), whether the consumer—
(a) shall have the right specified in paragraph (a) or (b) of subsection (2), or
(b) shall be required to accept a further attempt or attempts by the trader to bring the goods into conformity with the sales contract.
(6) The matters referred to in subsection (5) are—
(a) the type and value of the goods,
(b) the nature and significance of the lack of conformity of the goods with the sales contract, and
(c) whether the consumer can reasonably be expected to maintain confidence in the ability of the trader to bring the goods into conformity with the sales contract, in particular where the same lack of conformity appears more than once.
(7) For the purposes of subsection (1)(c), it shall be objectively determined, having regard to the nature and severity of the lack of conformity of the goods with the sales contract (including the matters mentioned in subsection (8)), whether that lack of conformity is of such a serious nature as to justify the application of subsection (2).
(8) The matters referred to in subsection (7) are whether the lack of conformity with the sales contract is such that—
(a) the consumer cannot maintain confidence in the ability of the trader to bring the goods into conformity with the sales contract,
(b) the ability of the consumer to make normal use of the goods is severely affected and the consumer cannot reasonably be expected to trust that this would be remedied by repair or replacement by the trader.
(9) Where the consumer is entitled to exercise the right conferred by subsection (2)(b) by virtue of some (but not all) of the goods to which the sales contract relates not being in conformity with the sales contract, the consumer may exercise that right only in relation to—
(a) the goods that are not in conformity with the sales contract, and
(b) any other goods that the consumer acquired with the goods that are not in conformity with the sales contract, if the consumer cannot reasonably be expected to keep only the goods that are in conformity with the sales contract.
Price reduction: sales contract
27. (1) This section applies where the consumer has the right under section 26 (2)(a) to a proportionate reduction in the price.
(2) The right of the consumer under this section is the right—
(a) to require the trader to reduce in accordance with subsection (3) the price the consumer is required to pay under the sales contract, or
(b) to receive from the trader a reimbursement of the price paid by the consumer in excess of the amount of the reduction applicable under subsection (3).
(3) The reduction in the price shall be proportionate to the decrease in the value of the goods received by the consumer compared with the value that the goods would have if they were in conformity with the sales contract.
(4) Where the consumer has the right to reimbursement under subsection (2)(b), the trader shall reimburse the consumer in accordance with section 31 .
(5) In a sales contract where the consumer transfers the ownership of goods to the trader in full or part payment of the price, the right of the consumer to a proportionate reduction in the price shall not apply if—
(a) no agreed monetary value was ascribed by the parties to the goods to be transferred by the consumer at the time the sales contract was concluded, or
(b) the goods which the consumer has transferred, or is required to transfer, under the sales contract cannot be divided up so as to enable the trader to receive or retain only the reduced price.
Obligations of consumer in event of termination of sales contract
28. (1) This section applies where the consumer exercises any of the following rights—
(a) the right to terminate a sales contract under section 14 (2) or 36 (5),
(b) the short-term right to terminate a sales contract under section 23 (1) or 37 (2), or
(c) the final right to terminate a sales contract under section 26 (2)(b) or 37 (2)(b).
(2) The consumer shall—
(a) terminate the sales contract by means of a statement to the trader expressing the decision to terminate the sales contract, and
(b) return the goods delivered under the sales contract to the trader at the trader’s expense.
(3) If a consumer fails to comply with an obligation imposed by subsection (2), he or she shall be liable in damages for any loss or damage suffered by the trader as a result of the failure.
Remedies where contract also provides for supply of digital content etc.
29. (1) This section applies where goods are sold to a consumer under a contract that provides also for the supply of digital content, a digital service or a service.
(2) Where the conditions in subsection (3) are met, the consumer shall have the right—
(a) to terminate the contract, or
(b) to obtain a proportionate reduction in the price payable under the contract.
(3) The conditions referred to in subsection (2) are the following:
(a) if the contract were a contract for the sale of goods only, the consumer would have the right under section 26 to obtain a proportionate reduction in the price or to terminate the contract;
(b) the value of the digital content, digital service or service to the consumer would be materially reduced in the absence of the goods.
(4) In objectively determining whether the value of the digital content, digital service or service to the consumer would be materially reduced in the absence of the goods for the purposes of subsection (3)(b), all the circumstances shall be taken into account, including—
(a) the nature and purpose of the contract,
(b) the relative value of the different elements of the contract, and
(c) the nature and degree of the inter-dependence of the different elements of the contract.
(5) Where the consumer exercises the right to terminate the contract under subsection (2)—
(a) the consumer shall comply with the obligations in section 28 (2), and
(b) the trader with whom the consumer has that contract shall comply with the obligations in section 30 .
(6) Subsection (3) shall not apply to a contract for terminal equipment and a bundle of services which falls within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 20185 establishing the European Electronic Communications Code (Recast).
Obligations of trader where sales contract terminated
30. (1) This section applies where the consumer exercises—
(a) the right to terminate a sales contract under section 14 (2) or 36 (5),
(b) the short-term right to terminate a sales contract under section 23 (1) or 37 (2)(a), or
(c) the final right to terminate a sales contract under section 26 (2)(b) or 37 (2)(b).
(2) The trader shall upon receipt of the goods or, if the trader so chooses, of evidence provided by the consumer of having returned the goods, reimburse the consumer in accordance with section 31 for—
(a) the price paid for the goods, and
(b) any costs incurred by the consumer in returning the goods to the trader.
(3) Where the consumer exercises the final right to terminate the sales contract under section 26 (2)(b) or 37 (2)(b), the reimbursement of the price to which the consumer is entitled under subsection (2) may be reduced in proportion to any depreciation in the value of the goods in excess of the depreciation that could reasonably be expected to result from their normal use.
(4) In case of dispute as to the application of subsection (3), it shall be for the trader to show that the depreciation in the value of the goods exceeded that which could reasonably be expected to result from their normal use.
(5) Where the consumer terminates a conditional sales contract within the meaning of section 11 before the price of the goods has been paid in full, the reimbursement of the price to which the consumer is entitled under subsection (2) shall be limited to that part of the price for the goods which has been paid by the consumer.
(6) Subject to subsection (7), in a sales contract where the consumer transfers the ownership of goods to the trader in full or part payment of the price, the trader shall—
(a) return those goods to the consumer, and
(b) reimburse in accordance with section 31 any price paid by the consumer.
(7) If the trader cannot return the goods to the consumer as required by subsection (6), the trader shall reimburse the consumer—
(a) to the agreed monetary value ascribed to the goods by the parties at the time the sales contract was concluded, or
(b) where no such monetary value was agreed, with a sum that is a reasonable and objectively justified exchange value of the goods at the time the sales contract was concluded.
Time limits and means of reimbursement by trader: sales contract
31. (1) This section applies where the consumer has the right under section 27 (4), 30 (2) or (7) or 37 (4) to be reimbursed by the trader.
(2) The trader shall reimburse the consumer—
(a) without undue delay and in any event not later than 14 days after the date on which the trader received—
(i) the goods back, or
(ii) if the trader so chooses, evidence provided by the consumer of having returned the goods,
(b) using the same means of payment as the consumer used to pay for the goods, unless the consumer expressly agrees otherwise and provided that the consumer does not incur any fees as a result of such reimbursement, and
(c) without the imposition of any fee on the consumer in respect of the reimbursement.
(3) If a trader fails to comply with an obligation imposed by subsection (2), the trader shall be liable in damages for any loss or damage suffered by the consumer as a result of the failure.
General right to withhold payment: sales contract
32. (1) Subject to subsection (2), where the trader fails to comply with the obligation to deliver goods that are in conformity with the sales contract at the relevant time, the consumer shall have the right to withhold payment of any outstanding part of the price until the trader has fulfilled the trader’s obligation to deliver goods that are in conformity with the sales contract.
(2) The part of the price withheld by the consumer under subsection (1) shall be proportionate to the decrease in the value of the goods received by the consumer compared with the value that the goods would have if they were in conformity with the contract.
(3) The consumer shall exercise the right to withhold payment under subsection (1) by means of a statement to the trader expressing the consumer’s decision to withhold payment until the trader has fulfilled the trader’s obligation to deliver goods that are in conformity with the sales contract.
Effect of termination of sales contract on ancillary contract
33. (1) Where a consumer terminates a sales contract in accordance with section 28 , any ancillary contract shall be automatically terminated without any cost to the consumer.
(2) When a trader is informed by a consumer in accordance with section 28 of the consumer’s decision to terminate a sales contract, the trader shall inform any other trader with whom the consumer has an ancillary contract of its termination by subsection (1).
(3) Where an ancillary contract is terminated by subsection (1)—
(a) the trader with whom the consumer has that contract shall comply with the obligations in section 30 , and
(b) the consumer shall comply with the obligation in section 28 (1)(b).
(4) Where any security has been provided under an ancillary contract that is terminated by subsection (1), it is to be treated as never having had effect and any property lodged with the trader or any other person (a “third party”) solely for the purposes of that security shall be returned immediately by the trader or third party.
(5) In this section, “ancillary contract”, in relation to a sales contract concluded between a consumer and a trader (in this subsection referred to as the “principal contract”), means another contract concluded between that consumer and that trader, or that consumer and a third party, under which—
(a) the trader, or
(b) in pursuance of arrangements made between the trader and a third party, the third party,
supplies to the consumer goods, digital content, a digital service or a service related to the principal contract.
Consumer’s right to pursue other remedies
34. (1) The remedies provided for in this Chapter and Chapter 4 of this Part do not affect the right of the consumer to pursue other remedies (without recovering twice for the same loss) where goods are not in conformity with the sales contract or the trader otherwise fails to comply with the requirements of this Part.
(2) The other remedies referred to in subsection (1) include in particular any of the following remedies that may be available to the consumer—
(a) claiming damages,
(b) relying on the lack of conformity with the sales contract against a claim under the sales contract by the trader for payment of the price,
(c) seeking to recover money paid to the trader for goods that do not comply with the requirements of this Part,
(d) having a lack of conformity of the goods with the sales contract remedied elsewhere and recovering from the trader all reasonable costs incurred in having the lack of conformity so remedied, or
(e) an order for specific performance under section 52 of the Sale of Goods Act, 1893 in an action for breach of contract to deliver specific or ascertained goods.
Exclusion or limitation of liability of trader (Part 2)
39. (1) A term of a sales contract or of any other contract between a consumer and a trader shall not exclude or restrict the trader’s liability under any of the following provisions:
(a) section 14 (right to terminate sales contract where trader has no right to sell);
(b) section 15 (goods to be in conformity with sales contract);
(c) section 16 (goods to be free from charge and other encumbrance);
(d) section 17 (subjective requirements for conformity with sales contract);
(e) section 18 (objective requirements for conformity with sales contract);
(f) section 19 (incorrect installation of goods);
(g) section 20 (implied terms of sales contract);
(h) section 21 (liability of trader under sales contract);
(i) section 22 (burden of proof under sales contract);
(j) section 35 (passing of risk);
(k) section 36 (delivery of goods under sales contract);
(l) section 37 (instalment deliveries);
(m) section 46 (rights of recipient of gift);
(n) section 47 (rights of certain users of motor vehicle).
(2) A term of a sales contract or of any other contract between a consumer and a trader which purports to, or has the effect of, excluding or restricting the liability of the trader under any of the provisions specified in subsection (1) shall not be binding on the consumer.
(3) The references in subsections (1) and (2) to excluding or restricting the trader’s liability include a reference to—
(a) excluding or limiting a right or remedy in respect of a liability under a provision specified in subsection (1),
(b) making such a right or remedy, or its enforcement, subject to a restrictive or onerous condition,
(c) allowing a trader to put a consumer at a disadvantage as a result of pursuing such a right or remedy,
(d) excluding or restricting rules of evidence or procedure, or
(e) preventing an obligation arising or limiting its extent.
(4) An agreement in writing to submit present or future disputes to an ADR procedure within the meaning of the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 ( S.I. No. 343 of 2015 ) is not to be regarded as excluding or restricting any liability for the purposes of this section.
(5) A trader who contravenes subsection (1) commits an offence.