Guarantees are seen as additional protection given to the consumer and they cannot limit the consumer’s rights under consumer law. The guarantee must clearly show what goods are covered, the time frame involved and the procedure for making claims. The consumer can choose to have the goods fixed by the manufacturer or they can insist that the retailer deals with the complaint. The contract is between the seller and the buyer.
The consumer is entitled to goods which are of merchantable quality – they should be of reasonable standard/quality taking into account what they are supposed to do, their durability and the price paid. A €50 pen versus a €1 pen. If the good is not of merchantable quality, the consumer could seek a refund, replacement, or repair depending on the type of fault and the time frame.
Unsolicited Goods( INERTIA SELLING)
These are goods that are sent to someone without having received an order. The consumer has the right to keep the goods without payment after thirty days if the consumer has sent written notice to the sender and informed him where they can be collected. S/he has the right to keep the goods after six months if the sender has not collected them and the consumer has not prevented the firm from collecting them.
Invitation to treat
Goods on display are merely an invitation to the buyer to make an offer to buy but are not necessarily an offer to sell. This concept is called “Invitation to treat”
E.g. flickknives case
A shop displayed flick knives in their window at a time when it was illegal to sell them. A government official took a photo of the displayed knives without actually buying them. The case against the shop was thrown out.