Consumer Complaint About Defective Goods: Legal Guarantee and Template Letter
When goods bought in Ireland do not conform to the sales contract, consumers have clear legal rights to repair, replacement, price reduction or termination. This guide explains those rights under the Consumer Rights Act 2022 and provides a ready-to-use complaint letter template.
When goods are not in conformity with the contract
Under the Consumer Rights Act 2022, section 15, a trader must deliver goods to a consumer that are in conformity with the sales contract at the relevant time, meaning generally the time the consumer takes physical possession of the goods. If the goods do not meet this standard, the consumer is entitled to the remedies set out in the Act.
Where goods are not in conformity, the consumer has the right to the short-term right to terminate the contract, and, subject to certain conditions, the right to have the goods brought into conformity through repair or replacement, as provided in the Consumer Rights Act 2022, section 23.
Choosing between repair and replacement
The consumer may generally choose between repair and replacement, unless the chosen remedy would be impossible for the trader to carry out or would impose disproportionate costs compared to the alternative, as set out in the Consumer Rights Act 2022, section 23.
Where the goods are to be brought into conformity by repair or replacement, the trader must ensure this is carried out free of charge, within a reasonable time after being informed of the lack of conformity, and without significant inconvenience to the consumer, as required by the Consumer Rights Act 2022, section 25. What counts as a 'reasonable time' is not fixed by a specific number of days in the Act; it is to be objectively determined having regard to the nature and complexity of the goods, the severity of the defect and the effort needed to complete the repair or replacement. Readers should check the current position on any specific deadlines that may apply.
Price reduction or termination of the contract
- A consumer may claim a proportionate price reduction or the final right to terminate the contract where the trader has refused to remedy the defect, has failed to complete repair or replacement, or the same or a different defect reappears despite an attempted remedy, under the Consumer Rights Act 2022, section 26.
- These remedies are also available where the lack of conformity is so serious as to justify an immediate price reduction or termination, or where the trader has declared, or it is clear from the circumstances, that it will not remedy the defect within a reasonable time or without significant inconvenience, as set out in the same section.
- Termination is not available where the lack of conformity is minor; in a dispute, it is for the trader to show that the defect is minor, per the Consumer Rights Act 2022, section 26.
Trader's obligations during repair or replacement
- The trader must take back the replaced goods and the goods to be repaired at the trader's own expense, per the Consumer Rights Act 2022, section 25.
- Where installed goods must be removed for repair or replacement, the trader's obligation includes the removal and installation of the new or repaired goods, or bearing those costs, under the same section.
- The consumer is not liable to pay for normal use of replaced goods before replacement, as confirmed in the Consumer Rights Act 2022, section 25.
- Separately, where a defect falls outside the trader's conformity liability under section 21 of the Consumer Rights Act 2022, a manufacturer repair obligation may apply under the S.I. No. 353/2026 - European Union (Common Rules Promoting the Repair of Goods) Regulations 2026, requiring repair free of charge or for a reasonable price, as soon as practicable.
Step-by-Step Guide
- Gather proof of purchase (receipt, invoice or order confirmation) and document the defect with photographs or a written description.
- Contact the seller promptly to inform them of the lack of conformity and state your preferred remedy (repair, replacement, price reduction or termination as applicable).
- Send a written complaint letter to the seller referencing your rights under the Consumer Rights Act 2022 and setting a reasonable deadline for a response.
- Keep copies of all correspondence and any confirmation of receipt from the trader.
- If the trader refuses to respond or resolve the issue, consider escalating the matter to the Competition and Consumer Protection Commission or seeking independent legal advice.
Template: Complaint Letter for Defective Goods
[Your Name] [Your Address] [Your Email / Phone Number] [Seller's Name] [Seller's Address] Date: [Date] Subject: Complaint Regarding Defective Goods – [Product Description] – Order/Invoice No. [Number] Dear Sir or Madam, On [date of purchase], I purchased the following goods from you: [description of goods], for the price of [amount], as evidenced by the attached receipt/invoice (copy enclosed). I wish to inform you that the goods are not in conformity with the sales contract, as required under section 15 of the Consumer Rights Act 2022. Specifically, the defect is as follows: [describe defect in detail, including when it became apparent]. In accordance with section 23 of the Consumer Rights Act 2022, I am requesting the following remedy: [choose one: repair / replacement] of the goods, free of charge and within a reasonable time, as required by section 25 of the Consumer Rights Act 2022. [Alternative paragraph if applicable: Given that [the trader has previously refused to remedy the defect / a repair has already been attempted without success / the defect is serious], I am instead requesting, in accordance with section 26 of the Consumer Rights Act 2022: [a proportionate reduction in the price of EUR (amount) / termination of the sales contract and a full refund of EUR (amount)].] I would be grateful if you could confirm, in writing, within [insert reasonable number of days, e.g. 14 days] of the date of this letter, how you intend to resolve this matter. Please note that I reserve all my rights under the Consumer Rights Act 2022 should this matter not be resolved satisfactorily. I look forward to your prompt response. Yours faithfully, [Your Name] [Signature, if sending by post] Enclosures: [Copy of receipt/invoice, photographs of defect, other supporting documents]
Sources from the Europaius Corpus
Frequently Asked Questions
How long does the seller have to respond to my complaint?
The Consumer Rights Act 2022 requires repair or replacement to be completed within a 'reasonable time', assessed according to the nature and complexity of the goods and the defect, rather than a fixed number of days. There is no specific statutory response deadline in the passages reviewed, so you should propose a reasonable period in your letter and verify current guidance if in doubt.
Can I choose whether the seller repairs or replaces the goods?
Generally yes, under the Consumer Rights Act 2022, section 23, you may choose between repair and replacement, unless your chosen remedy is impossible or would impose disproportionate costs on the trader compared to the alternative.
When can I demand a price reduction or terminate the contract instead?
These remedies apply where the trader has refused to remedy the defect, failed to complete repair or replacement, the defect reappears, is serious, or the trader will clearly not remedy it in reasonable time, as set out in the Consumer Rights Act 2022, section 26. Termination is not available for minor defects.
Who pays for returning defective goods to the seller?
The trader must take back the replaced goods and the goods to be repaired at the trader's own expense, per the Consumer Rights Act 2022, section 25.