New around here ? Start With the Basics
What is the Competition and Fair Trading Commission and what do you do?
We aim to achieve this by enforcing the competition and fair trading laws and any other relevant consumer protection legislation
What the CFTC can't do for you?
What is the objective of the Competition and Fair Trading Act 1998?
Do you publish any leaflets or guidance that might assist consumers or businesses?
How do I complain about a particular business?
Can you provide advice to businesses?
What kind of anti-competitive practices are prohibited by Competition and Fair Trading Act?
What are the most common examples of conducts that are prohibited per se under the Competition and Fair Trading Act?
What is meant by a dominant undertaking or enterprise?
What are the conducts which could be defined as abuse of a dominant position?
Can I make a complaint about unfair trading practice?
Is it legal for a trader to have a “Goods once bought are not returnable” policy?
Traders or business entities cannot have signs or policies that state “goods once bought are not returnable” as they imply it is not possible to get a refund or a replacement under any circumstance even where the trader is at fault when this is not the case.
Business entities who have such policies and notices on display either on their trading premises or their stationery such as receipts will be in violation of Section 43 of the CFTA.
What if a trader refuses to issue a refund or exchange on a defective product?
What should I do if I’ve purchased defective goods but do not have a receipt? Can the trader refuse to deal with my problem?
Do warranties and guarantees expire?
Can I get a refund after changing my mind?
What are my rights when I buy goods that aren't perfect?
Can the seller refer me to the manufacturer and ask that I deal with them directly?
What if I have done something that damaged the goods – can I ask the seller to pay to fix this?
In what condition must the goods that I buy be?
- The goods must be of merchantable quality – they must meet a basic level of quality and performance, taking into account their price and description. They also should be free from defects that were not obvious to you at the time of purchase.
- The goods must be fit for their purpose -they should do what they are supposed to do and be suitable for any purpose that you might have made known to the supplier.
- The goods must match the description you were given or the sample you chose from.
- You must receive clear title to the goods, including goods bought at auction. In other words, you can expect to own the goods outright and any restriction on ownership should be explained to you beforehand.
These may not apply if:
- you did not make clear what you wanted done
- you asked that the materials be used in a way they would not ordinarily be used and you did not like the result
How must the Services that I buy be carried out?
- Services must be carried out with due care and skill.
- Any materials supplied in connection with the services must be reasonably fit for the purpose for which they were supplied.
Am I entitled to a remedy for a problem?
If goods or services do not meet a statutory condition or statutory warranty, it is a breach of the contract between consumer and seller. The appropriate remedy will depend on the particular circumstances and may include:
- repair or replacement of the goods
- exchange of the goods or re-supply of the services
- payment for these things to be done, or
- refund (in some circumstances).
Are there circumstances where I cannot get a refund?
Yes, when you;
- simply change your mind, decide you do not like the goods or have no use for them
- have discovered you can buy the goods more cheaply elsewhere
- examined the goods before buying them and ought to have seen any obvious fault
- had any defects drawn to your attention before buying (for example when the goods were labelled as seconds and faults were clearly marked)
- Damaged the good by unreasonable or unintended use.