Legal Question in Consumer Law in Ireland

i recentaly bought a bill phone, when i got home i tried out my new fone and i realisied i couldnt get signal anywhere.. i signed a contract which inclued my name and adress. the contract clearly stated that i was locked into a minumum of a 6 month contract and if i tried to release myself from this contract i would have to pay a penalty.. Im i liable?


Asked on 11/07/12, 2:51 am

1 Answer from Attorneys

The phone should be functional - if it is not you have the option to reject and rescind the contract. More information about that here: http://www.nca.ie/nca/faulty-goods

I would be curious to know whether the contract deals with this. There may be a clause in there to say, if you can't get a signal where you live, tough luck. If there is, I think that you would have strong grounds to argue that it is an unfair term. Consumers are protected from unfair terms under both Irish and EU law.

This is what I would do: First, make sure you really can't get a signal. Where can you get one? Do other networks have coverage in your area? If the phone is not functional due to lack of coverage, is that only where you live, or more widely?

When you've figured that out, and if the phone is useless to you, take it back to the shop and ask for a refund. If the shop won't help, write a letter to the customer complaints department. Putting things in writing will often trigger a consumer-focused response, which may make a change from the defensive reaction you might get in store.

good luck.

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Answered on 11/07/12, 3:55 am


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