The shop accepted the return, saying it was aware of skin reaction issues with those pieces and had stopped selling them. They told me their policy was to issue a credit note for all returns.
I took the credit note because I figured I’d probably find something else in the shop in the future.
However, when I went in to use the credit note last week, I was told I could only do so if I put it towards something at least twice the note’s value.
When I picked out a few pieces that added up to about €400, the shop assistant said that the credit note couldn’t be used on sale items.
I’m frustrated that the shop willingly took back the jewellery – but is now making it hard to use the credit note they issued. What can I do?
Jean, Co Louth
A When you brought back the faulty jewellery, you had a right under consumer law to request a repair, a replacement or a refund. You had an immediate right to a refund if you’d returned the jewellery within 30 days of buying it.
It isn’t clear how quickly you returned the jewellery, but it does seem that the shop only offered a credit note, and didn’t give you a choice of a repair, replacement or refund.
It’s against the law for a business to limit your right to the remedies available for faulty items, such as by telling you it will only issue a credit note.
In addition, a business can only issue a refund through a different means of payment if you expressly agree to it (for instance, if you pay for something with a debit card but agree to receive a cash refund).
Because the shop told you that it only issues credit notes, you had no choice but to accept one – you didn’t have the opportunity to expressly agree.
In general, if you return faulty items and are offered a choice between a credit note and the refund to which you’re legally entitled, you should ask the business (before accepting the credit note) what conditions are attached to it or if it can be used like cash.
When you returned the faulty jewellery, you were under no legal obligation to take a credit note and, as a result, are not bound by its terms and conditions.
I recommend emailing the shop to say that you are entitled to a refund. The CCPC website has more information about your consumer rights.
If you’re not happy with the shop’s response, you can take a claim through the small claims process; the application costs €25 and is available for claims worth up to €2,000.
Going down the legal route can be expensive. Photo: Getty
‘My insurer isn’t paying a claim for storm damage to a shed, as it’s on a farm’
Q A shed at the back of my home was badly damaged in a storm in November and I submitted a claim to my home insurer. Though the insurer hasn’t officially rejected my claim, they have implied that the damage isn’t covered by my policy because the shed is on a farm, where I also live.
I’ve tried explaining that the shed is not for farm use and that, although I live on a farm, I’m not engaged in farming.
I’ve been with the same insurer for seven years now and don’t understand why it might reject this claim when it has been happy to cover me at my current address for years.
Martin, Co Wexford
A As your insurer is regulated by the Central Bank, it’s bound by the Consumer Protection Code.
Under this code, the insurer must verify the validity of a claim before it makes a decision and must follow a written procedure for handling claims. It must also undertake due diligence and act fairly, honestly, and in the consumer’s best interests.
Many insurers automatically cover sheds and other outbuildings under standard home insurance policies.
If you haven’t done so already, review the terms and conditions of your policy to see exactly what structures and types of damage are covered.
If you’re satisfied the damage to your shed should be covered, write to your insurer to complain about the response you have received so far, outlining the facts of your claim and the cover provided under your insurance policy.
The insurer is obliged to handle your complaint in line with the Consumer Protection Code; it must acknowledge your complaint within five business days, give you an update on the progress of your complaint within 20 days, and attempt to resolve the complaint within 40 days.
If you’re unhappy with their response, you can complain to the Financial Services and Pensions Ombudsman, which is an independent, free service that helps resolve consumer complaints against financial service providers.
If you’re not happy with that resolution because, for instance, the Ombudsman didn’t find that your claim had been unfairly denied, you could consider getting legal advice.
Bear in mind, though, that going down the legal route can be expensive and there’s no guarantee of success. It’s worth weighing up the costs and benefits of legal action before deciding how to proceed.
Gráinne Griffin is director of communications at the Competition and Consumer Protection Commission. Email questions to gabrielle.monaghan@independent.ie
