Consumer Rights Act 2022

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Number 37 of 2022

CONSUMER RIGHTS ACT 2022

CONTENTS

PART 1

Preliminary and general

Section

1. Short title and commencement

2. Interpretation

3. Regulations

4. Making of contract

5. Contract terms may be more favourable to consumer

6. Powers of court in relation to remedies under Parts 2 to 4

7. Representations purporting to restrict rights of consumer: offences

8. Repeals and revocations

9. Savings

PART 2

Sales contracts

Chapter 1

Interpretation and application (Part 2)

10. Interpretation (Part 2)

11. Sales contracts

12. Application (Part 2)

13. Power of Minister to extend application of Part 2

Chapter 2

Consumer rights in sales contracts

14. Right to terminate sales contract where trader has no right to sell

15. Goods to be in conformity with sales contract

16. Goods to be free from charge and other encumbrance

17. Subjective requirements for conformity with sales contract

18. Objective requirements for conformity with sales contract

19. Incorrect installation of goods

20. Implied terms of sales contract

21. Liability of trader under sales contract

22. Burden of proof under sales contract

Chapter 3

Consumer remedies in sales contracts

23. Right to remedies under sections 24 and 25

24. Short-term right to terminate sales contract

25. Repair or replacement of goods

26. Right to proportionate reduction in price or final termination of sales contract

27. Price reduction: sales contract

28. Obligations of consumer in event of termination of sales contract

29. Remedies where contract also provides for supply of digital content etc.

30. Obligations of trader where sales contract terminated

31. Time limits and means of reimbursement by trader: sales contract

32. General right to withhold payment: sales contract

33. Effect of termination of sales contract on ancillary contract

34. Consumer’s right to pursue other remedies

Chapter 4

Other rules in sales contracts

35. Passing of risk

36. Delivery of goods under sales contract

37. Instalment deliveries

38. Right of redress of trader (Part 2)

39. Exclusion or limitation of liability of trader (Part 2)

Chapter 5

Commercial guarantees

40. Liability for commercial guarantee

41. Liability of trader for other guarantor’s commercial guarantee

42. Liability under commercial guarantee to subsequent consumers

43. Right of action pursuant to commercial guarantee

44. Provision and content of commercial guarantee statement

45. Exclusion or limitation of rights of consumer under commercial guarantee

Chapter 6

Other third party rights

46. Rights of recipient of gift

47. Rights of certain users of motor vehicle

PART 3

Digital content contracts and digital service contracts

Chapter 1

Interpretation and application (Part 3)

48. Interpretation (Part 3)

49. Application (Part 3)

Chapter 2

Consumer rights in digital content contracts and digital service contracts

50. Right to supply digital content or digital service

51. Duty to supply digital content or digital service

52. Digital content or digital service to be in conformity with digital content contract or digital service contract

53. Subjective requirements for conformity with digital content contract or digital service contract

54. Objective requirements for conformity with digital content contract or digital service contract

55. Incorrect integration of digital content or digital service

56. Implied terms of digital content contract or digital service contract

57. Third party rights

58. Liability of trader under digital content contract or digital service contract

59. Burden of proof under digital content contract or digital service contract

Chapter 3

Consumer remedies in digital content contracts and digital service contracts

60. Remedy for failure to supply digital content or digital service

61. Right to have digital content or digital service brought into conformity with contract

62. Right to proportionate reduction in price or termination of contract

63. Price reduction: digital content contract or digital service contract

64. Modification of digital content or digital service

65. Remedies where contract also provides for sale of goods etc.

66. Obligations of consumer in event of termination of digital content contract or digital service contract

67. Obligations of trader where digital content contract or digital service contract terminated

68. Time limits and means of reimbursement by trader: digital content contract or digital service contract

69. General right to withhold payment digital content contract or digital service contract

70. Effect of termination of digital content contract or digital service contract on ancillary contract

71. Exclusion or limitation of liability of trader (Part 3)

72. Right of redress of trader (Part 3)

73. Other remedies

PART 4

Service contracts

Chapter 1

Interpretation and application (Part 4)

74. Interpretation (Part 4)

75. Application (Part 4)

76. Power of Minister to restrict or extend application of Part 4

77. Effect of Part on other enactments etc.

Chapter 2

Consumer rights in service contracts

78. Supply of service

79. Service to be in conformity with service contract

80. Subjective requirements for conformity with service contract

81. Objective requirements for conformity with service contract

82. Implied terms of service contract

83. Reasonable price to be paid for service

Chapter 3

Consumer remedies in service contracts

84. Remedy for failure to supply service

85. Right to have service brought into conformity with service contract

86. Right to proportionate reduction in price or termination of service contract

87. Price reduction: service contract

88. Obligations of consumer in event of termination of service contract

89. Obligations of trader where service contract terminated

90. Time limits and means of reimbursement by trader: service contract

91. General right to withhold payment: service contract

92. Effect of termination of service contract on ancillary contract

93. Remedies where contract also provides for sale of goods etc.

94. Exclusion or limitation of liability of trader (Part 4)

95. Continuing entitlement to pursue other remedies

PART 5

Consumer information, cancellation and other rights

Chapter 1

Interpretation and application

96. Interpretation (Part 5)

97. Application (Part 5)

98. Off-premises contracts to which Part 5 does not apply

99. Rights of consumer cannot be waived

100. Burden of proof

Chapter 2

Consumer information for on-premises contract

101. Information requirements for on-premises contract

102. Power of Minister to specify further information requirements

Chapter 3

Consumer information for off-premises contract

103. Information requirements for off-premises contract

104. Information requirements for off-premises contract for repairs or maintenance

105. Provision of copy or confirmation of off-premises contract

Chapter 4

Consumer information for distance contract

106. Information requirements for distance contract

107. Additional information requirements for distance contract concluded on online marketplace

108. Additional information requirements for distance contract concluded by electronic means

109. Provision of confirmation of distance contract

Chapter 5

Right to cancel distance contract or off-premises contract

110. Interpretation (Chapter 5)

111. Application (Chapter 5)

112. Right to cancel

113. Duration of cancellation period

114. Omission of information on right to cancel

115. Exercise of right to cancel

116. Effect of cancellation or withdrawal

117. Obligations of trader in event of cancellation

118. Return of goods and obligations of consumer in event of cancellation

119. Performance of certain contracts during cancellation period

120. Supply of digital content during cancellation period

121. Effect of cancellation on ancillary contract

Chapter 6

Other consumer rights

122. Fee for use of means of payment

123. Additional payments

124. Charges for communication by telephone

125. Inertia selling

PART 6

Unfair terms in consumer contracts

Chapter 1

Interpretation and application (Part 6)

126. Interpretation (Part 6)

127. Application (Part 6)

128. Application of Part in relation to implied term of consumer contract

Chapter 2

Unfair terms in consumer contracts

129. Unfair term not binding

130. Meaning of “unfair”

131. Exclusion from assessment for unfairness

132. Consumer contract terms that are always unfair

133. Consumer contract terms presumed to be unfair

134. Consumer contract terms to be transparent

135. Interpretation of term of consumer contract

136. Duty of court to consider whether term of consumer contract unfair

137. Application to court for declaration or injunction

138. Transfer from Circuit Court to High Court

139. Publication of order made by court under section 137(1)

140. Offence

PART 7

Proceedings and penalties

141. Interpretation (Part 7)

142. Offences: penalties

143. Liability for offences by body corporate

144. Defence of due diligence

145. Convicted persons liable for costs and expenses of proceedings and investigation

146. Convicted traders liable to compensate consumers for loss or damage

147. Prosecution of summary offences

PART 8

Amendment of Consumer Credit Act 1995

148. Amendment of section 2 of Act of 1995

149. Sections 73A to 73X: Interpretation

150. Insertion of sections 73A to 73X into Act of 1995

151. Application of sections 73A to 83 of Act of 1995 to consumer-hire agreements

PART 9

Amendment of Consumer Protection Act 2007

152. Amendment of section 2 of Act of 2007

153. Amendment of section 41 of Act of 2007

154. Misleading: marketing of goods as identical where significantly different

155. Amendment of section 46 of Act of 2007

156. Amendment of section 47 of Act of 2007

157. Amendment of section 55 of Act of 2007

158. Amendment of section 67 of Act of 2007

159. Amendment of section 71 of Act of 2007

160. Amendment of section 73 of Act of 2007

161. Consumer’s right to price reduction and termination of contract

162. Amendment of section 75 of Act of 2007

163. Time limit for instituting summary proceedings

164. Amendment of section 79 of Act of 2007

165. Commission for Communications Regulation may institute summary proceedings for certain offences

166. Amendment of section 85 of Act of 2007

167. Amendment of section 90 of Act of 2007

168. Amendment of section 91 of Act of 2007

169. Amendment of Schedule 4 to Act of 2007

170. Amendment of Schedule 5 to Act of 2007

PART 10

Amendment of Central Bank Act 1942

171. Amendment of Central Bank Act 1942

PART 11

Amendment of Communications Regulation Act 2002

172. Amendment of section 10 of Communications Regulation Act 2002

173. Amendment of section 39 of Communications Regulation Act 2002

PART 12

Amendment of Competition and Consumer Protection Act 2014

174. Amendment of section 12 of Competition and Consumer Protection Act 2014

PART 13

Amendment of Companies Act 2014

175. Amendment of section 459 of Companies Act 2014

PART 14

Minor and consequential amendments of enactments

176. Minor and consequential amendments of enactments

SCHEDULE 1

Repeals and Revocations

Part 1

Repeals

Part 2

Revocations

SCHEDULE 2

Information to be provided: on-premises contract

SCHEDULE 3

Information to be provided: off-premises contract or distance contract

SCHEDULE 4

Information concerning the exercise of the right to cancel

Part 1

Model instructions on right to cancel

Part 2

Model cancellation form

SCHEDULE 5

Part 1

Contract terms presumed unfair

Part 2

Restrictions on application of Part 1

SCHEDULE 6

Part 1

Amendments of Acts

Part 2

Amendment of Statutory Instruments

Acts Referred to

Arbitration Act 2010 (No. 1)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26)

Central Bank Act 1942 (No. 22)

Civil Liability Act 1961 (No. 41)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (No. 2)

Communications Regulation Act 2002 (No. 20)

Companies Act 2014 (No. 38)

Competition (Amendment) Act 2022 (No. 12)

Competition Act 2002 (No. 14)

Competition and Consumer Protection Act 2014 (No. 29)

Consumer Credit Act 1995 (No. 24)

Consumer Protection Act 2007 (No. 19)

Data Protection Act 2018 (No. 7)

Data Protection Acts 1988 to 2018

Interpretation Act 2005 (No. 23)

Land and Conveyancing Law Reform Act 2009 (No. 27)

Package Holidays and Travel Trade Act 1995 (No. 17)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c.93)

Sale of Goods Act, 1893 (56 & 57 Vict., c.71)

Sale of Goods and Supply of Services Act 1980 (No. 16)

Trading Stamps Act 1980 (No. 23)

Number 37 of 2022

CONSUMER RIGHTS ACT 2022

An Act to amend and consolidate the law relating to rights and remedies in contracts between traders and consumers for the sale of goods and the supply of digital content and digital and other services, including by giving effect to Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019¹ on certain aspects concerning contracts for the supply of digital content and digital services, Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019² on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC and Articles 1, 3 and 4 of Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019³ amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules; to amend and consolidate the law relating to unfair terms in contracts between traders and consumers; to amend the Consumer Credit Act 1995 to make provision for rights and remedies in hire-purchase agreements and consumer-hire agreements; to amend section 12 (13) of the Competition and Consumer Protection Act 2014 ; to amend section 459 of the Companies Act 2014 ; and to provide for related matters.

[7th November, 2022]

Be it enacted by the Oireachtas as follows:

¹ OJ No. L 136, 22.5.2019, p.1

² OJ No. L 136, 22.5.2019, p.28

³ OJ No. L 328, 18.12.2019, p.7