Vol. 489 No. 2
40 Mr. Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment the intentions, if any, she has of strengthening consumers' rights in the area of computer software products which often include glitches but retailers refuse a refund; and if she will make a statement on the matter. [7682/98]
The Director of Consumer Affairs has responsibility for the enforcement of the Sale of Goods and Supply of Services Act, 1980. Under the Act, consumers who buy computer software products from a retailer here have the same rights as when they purchase any other product i.e. products must be of merchantable quality, they must be fit for their particular purpose and they must be as described and, if they are not, the consumer is entitled to a repair, replacement or a refund of moneys paid. The consumers contract is with the retailer who sold the products and, therefore, it is the retailer who is responsible for putting things right even for defects which may be the fault of the manufacturer.
Consumers' rights are adequately protected when they purchase direct from a retailer against whom they can seek to have their rights enforced, if necessary through the courts. However, I am informed by the director that the situation is not as straightforward when, for example, consumers engage in global shopping for software via open networks such as the internet. The director is involved with the OECD Consumer Policy Committee and the International Marketing Supervision network (IMSN — the Director is currently President of this Group) on work on improving consumer protection in these situations. OECD and IMSN projects include the development of mechanisms for refunds in distant transactions, the development of principles of conduct for distant sellers, the co-ordination of law enforcement activities to control cross-border fraud and the development of consumer protection guidelines for electronic commercial transactions conducted over the internet.
It is hoped to have OECD guidelines electronic commerce adopted at the Montreal Ministerial Conference in October 1998.
