If You Sell Products to Consumers
Consumers buying from businesses based in Ireland or the EU have strong consumer rights. These rights are part of the Consumer Rights Act 2022 and apply to products you sell on or after 29 November 2022.
This page covers your key responsibilities under consumer law on:
- your legal obligations to consumers
- resolving product issues where you do not meet your obligations
- providing information to consumers
- consumer right to cancel
This webpage is not legal advice. To fully understand the legal obligations that apply to your business, you should seek independent legal advice.
Read about your obligations if you provide services to consumers.
Read about your obligations if you provide digital content or digital services to consumers.
Your legal obligations
Subjective obligations
Every time you sell to a consumer, you enter into a contract with them. Consumer law requires that you must always provide a product as outlined in the contract. These responsibilities are known as subjective obligations. Your product must:
- be fit for purpose
- fit the description, type, quantity and quality agreed
- have the required functionality and other agreed features
- be delivered with all accessories and instructions, to include installation
- have the spare parts covered in the contract
- be installed correctly by you – when it applies
- have information on digital updates that support the product – when it applies
Objective obligations
Consumer law outlines that you must also provide what a consumer will reasonably expect when you supply the product. They are known as objective obligations. You must ensure the product you sell:
- is fit for all the purposes which it would normally be used for
- has the qualities and features (for example, functionality, compatibility) of similar type goods
- is durable and the performance is maintained with normal use
- matches any advertisements or labelling
- is the same quality and description as any samples
- has spare parts (if covered in any description of the goods, offer or adverts)
- is delivered with the accessories and instructions the consumer will reasonably expect
When these obligations do not apply
You must resolve product issues unless
- you told the consumer that the product did not meet a particular requirement and they accepted
- the issue is due to normal wear and tear or accidental damage or misuse
- the consumer did not install a digital update that was needed for the product to work properly, and:
- there was no issue with the installation instructions you provided
- the consumer knew what would happen if they did not install it
What products are covered by consumer law?
- all physical movable items
- goods that depend on digital content or a digital service to perform their function. For example, a mobile phone that uses operating software to work properly
- second hand items
How long do my obligations to consumers last?
A consumer has the right to have their issue resolved for up to 6 years. The 6 years starts from the date the consumer received the goods. During the first year it will be up to you to show that the product was not faulty when you delivered it. After the first year, the consumer must show that the product was faulty.
Resolving product issues
You must address issues that occur when you do not meet your legal obligations to consumers. You must do this:
- at no cost to the consumer
- within a reasonable time (the shortest possible time to fix the issue)
- without significant inconvenience to the consumer
Short term right to cancel
As well as asking for a repair or replacement, consumers have the short term right to cancel and get a full refund when they contact you about a fault within 30 days of receiving the goods. This means they can return the product and get a full refund from you.
The consumer must:
- inform you that they are ending the contract
- return the goods to you, at your expense and without delay
You must:
- refund the consumer within 14 days of receiving the returned goods
- use the same payment method the consumer used to buy the product, unless they agree otherwise
- cancel any other service the consumer ordered with you as part of buying the goods – for example, stain insurance for a sofa
Repair or replace
When issues occur, you must repair the product or provide a replacement to the consumer. It is up to the consumer to decide if they want a repair or replacement.
For a repair, you must:
- complete it within a reasonable time
- without significant inconvenience to the consumer
- free of charge
For a replacement, you must provide like for like goods to the consumer:
- within a reasonable time
- without significant inconvenience to the consumer
- free of charge
The consumer must:
- return the product to you at your expense, or
- agree when you can pick up the faulty product
Other actions the consumer can take
The consumer can end the contract and get a refund if you did not supply the goods or you knew they needed the product by a certain date which has now passed, for example, products brought for Christmas.
The consumer can ask for a refund or price reduction if the fault is serious. They can also ask for a refund or price reduction if:
- you did not resolve the issue
- you did not complete the repair or replacement within a reasonable time
Depending on the circumstances, the consumer can ask for a refund or price reduction if previous attempts to resolve the issue have failed.
End the contract and get a refund
To end the contract, the consumer must:
- inform you that they are ending the contract
- return the goods to you, at your expense and without undue delay
You have to refund the consumer for the cost of the goods. You must:
- give the consumer the refund within 14 days of receiving the returned goods
- use the same payment method the consumer used to buy the product, unless they agree otherwise
- cancel any other service the consumer ordered with you as part of buying the goods – for example, stain insurance for a sofa
Price reduction
The consumer must inform you that they are seeking a price reduction. The price reduction will be the difference between the price you agreed in the contract and the reduced value of the product due to the issue. Both you and the consumer should agree what an appropriate reduction is.
If the consumer has paid for the goods, you must:
- send them the refund for the price reduction within 14 days
- use the same method of payment they used to buy the product unless they agree something different
- not charge any extra fees
Withhold payment
If the consumer has not fully paid for the goods, they can consider withholding payments that are due to you until you resolve their issue. The amount they withhold must match the reduction in value due to the issue.
Consumer right to information
Under consumer law you must give certain information to consumers before they buy. The information you have to provide will depend on whether you agree the contract:
- in a physical store
- on the consumer’s doorstep
- at a distance, for example, online, mail order or by phone
Information for all sales
For every sale, you must provide some key information to consumers. You must present it in a way that is easy for them to understand. You should provide it before they agree the contract to buy your product. If there is a dispute about what information was provided, it is up to you to show you gave this information to the consumer.
This information includes:
- your name, address, phone number
- the product details – if not already clear
- the total price (inc. VAT), or where the price cannot be calculated in advance, you must inform the consumer how it will be calculated
- other information – when it applies:
- length of the contract
- any additional charges, for example, delivery or postal charges
- if the consumer has a legal right to cancel
Information for doorstep and distance sales
When you sell a product on a consumer’s doorstep or at a distance, you must also provide the following information:
- your email address and your other online communication channels
- details on payment and performance
- details on delivery
When it applies, you should also provide consumers with the following information:
- how to cancel the contract when it does not have a fixed length or automatically renews
- that the price is calculated based on a customer’s profile or online behaviour
- the conditions that apply to deposits
After you agree the contract you must:
- give the consumer a copy of the signed contract or send confirmation within a reasonable timeframe
- give this information to the consumer on paper unless the consumer agrees otherwise
Information for online sales
When you sell your products online you must also make sure that the consumer:
- always knows when they are making a payment. This means that when they order by clicking a button, it must be clearly labelled with words indicating ‘obligation to pay’ or similar
- can clearly indicate that they want any other products or services you offer. This means you cannot use pre-ticked boxes for additional payments
Information for online marketplaces
An online marketplace is a platform where businesses and/or consumers sell to consumers. If you operate one, you must tell consumers:
- how you rank the results for their online search
- whether the seller on your platform is a business or consumer
- that the consumer is not protected by consumer law when the seller is also a consumer
- how consumer law obligations are shared between you and the seller/ business
The information should be in simple language and easy to find. It should also be accessible from where the product is offered for sale. For example, a link is provided to the information.
Situations that are not covered by the right to information
In a physical store a business does not have to provide the above information for everyday, low value items or where the information is already clear.
Contracts with a value less than €50 that you agree with the consumer at a distance are also exempt.
Consumer right to cancel
Consumers have a withdrawal period when a product is bought online, over the phone or on the consumer’s doorstep. This means they have a legal right to withdraw from the contract and get a full refund up to 14 days from when they receive the goods. This right extends to 30 days for doorstep sales. When a consumer uses this right, they do not have to give you a reason for cancelling. The cancellation timescale starts after the consumer physically receives the goods.
Your obligations
Where the right to cancel exists you must:
- inform the consumer of their right to cancel and:
- how they can exercise this right
- what the timescales are
- that they must pay the cost of returning the goods – when it applies
- what the costs will be when the consumer cannot return the goods by post
- provide the consumer with a cancellation form. It should be on paper unless they agree otherwise
- provide a refund – when it applies:
- no later than 14 days after the consumer cancels the contract or you receive the returned goods
- using the same payment method they paid with, unless they agree otherwise
- cancel any other service the consumer ordered with you as part of buying the goods – for example, stain insurance for a sofa
When you do not inform the consumer of their right to cancel:
- the cancellation period extends to 12 months from the date it was due to expire if you had provided the information
- if you provide the information within this 12-month period, the withdrawal period expires:
- 14 days from the date the consumer receives the information for distance sales
- 30 days from the date the consumer receives the information for doorstep sales
Consumer obligations
When a consumer has the option to return goods, they must:
- let you know within the withdrawal timescale
- inform you in writing, if possible, where they don’t have to use your cancellation form
- return the goods to you within 14 days of cancelling
If there is a dispute, it is up to the consumer to show they used their right to cancel.
When the right to cancel does not apply
The right to cancel does not apply in certain circumstances, for example where the product:
- was ordered by the consumer in a physical store
- was made to order based on the consumer’s requirements
- was personalised to suit the consumer’s requirements
- is not suitable for return for health/hygiene reasons and it was unsealed by the consumer after delivery
- is liable to deteriorate or expire rapidly
Contract terms
Consumer law sets out requirements for transparency in contracts as well as a legal framework on unfair terms. This is to ensure that the terms in your contract do not cause harm to consumers.
Read our guide to unfair terms.