Monthly Archives: December 2017

Question

I have a medical card but I seem to be paying more than the monthly cap for prescription charges for my family. Why would this happen and how can I get a refund?

Answer (December 2017)

If you have a medical card, there is a charge for each prescription item you receive. From 1 January 2018, the prescription charge is reduced from €2.50 to €2.00 per item, up to a maximum of €20 per month per person or family (previously, the maximum was €25 per month).

Usually your pharmacy keeps records of how much you have paid in prescription charges and makes sure that you do not pay more than the limit each month. However, you may use different pharmacies in the same month, or your family members may not be set up as a family group, and you may end up paying more than the maximum.

If this happens, the Health Service Executive (HSE) will issue a refund without the need for you to apply for it. This is done on the basis of the information received from pharmacies.

You can set up your family as a family group on medicalcard.ie and print off a family certificate to give to your pharmacist. This will show all of the members of your family so that your pharmacy will not collect charges above the monthly limit. Your family is defined as you, your spouse or partner, any children under 16 years of age and any children between 16 and 21 years of age who are in full-time education.

If you do not have access to the internet, you can ask your Local Health Office to help with setting up a family group. You can also call the HSE on 1890 252 919 or ask your local pharmacist, who may be able to help you.

Question

What are my consumer rights when I buy something in the sales? Can I return sales items?

Answer (December 2017)

Your consumer rights during a sale are exactly the same as at any other time of the year. Your rights do not change just because you bought the item in a sale.

Goods should be of merchantable quality, fit for their intended purpose and as described. If they are not, you are entitled to a repair, replacement or refund.

If you are entitled to a refund because there is a fault with goods that you bought at full price, you should be refunded the amount you paid even if they are now on sale at a reduced price.

Shop notices such as “No Refunds” or “No Exchanges” do not limit your rights, if you have a complaint about faulty items. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer protection law if the goods are faulty.

However, you are not entitled to a refund because you change your mind about something you have bought in a shop, whether this is during the sales or at any other time of the year. Many shops do allow you to exchange goods that you have had second thoughts about, but this is at their discretion. It is a good idea to check the shop’s refund policy before buying anything.

If you buy goods at full price but change your mind about them, and they are now on sale at a lower price, you may only be offered the reduced amount (if the shop is willing to offer a refund).

You should always keep your receipts as proof of purchase and the price paid. This doesn’t necessarily have to be the shop receipt. You could show your credit or debit card statement (if you used one) or other documentation that proves it was purchased.

For more information, visit the website of the Competition and Consumer Protection Commission at ccpc.ie.

Question

I want to do some of my Christmas shopping on American websites. What are the rules about VAT and customs duties when shopping outside the EU?

Answer (October 2017)

You are importing goods if you buy goods from abroad online or from a mail order catalogue, or if you get goods that are sent as a gift from abroad. In general, when goods are imported into Ireland from a country outside of the EU, they become liable to import charges. These include VAT, customs duty and excise or other duties where relevant. In some cases, you can get relief from import charges.

If someone sends you a gift from outside the EU, and it is valued at under €45, you do not have to pay customs duty or VAT. To qualify for this relief, the gift must be of an occasional nature and sent from one private individual to another.

You can buy some goods from outside the EU up to a value of €22 without paying VAT. The value is calculated on the full value of the item, plus postage and duties. This is also the value that is used to calculate VAT, if it is payable.

If you buy goods from outside the EU valued at more than €150, you will have to pay customs duty as well. Customs duty is normally calculated as a percentage of the full value of the goods including the cost of postage, packaging and insurance.

VAT, customs duty and excise duty are always charged on excisable products (such as alcohol, tobacco and perfume) from outside the EU, whatever their value.

All packages received from outside of the EU require a customs declaration, which is usually completed by the sender. The declaration should include a description of the goods, the value and whether they are gifts or commercial items. Some websites offer to undervalue your goods to avoid import charges. This is illegal. You, as the importer of the goods, are responsible for ensuring that the information provided is accurate and that all duties and taxes are paid. Some websites may also promise delivery from within the EU, which would eliminate any import charges, but are in fact shipping their products from outside the EU. If this is the case, you are liable to duties and VAT.

Ceist

Ba mhaith liom cuid de mo shiopadóireacht Nollag a dhéanamh ar láithreáin ghréasáin Mheiriceánacha. Cad iad na rialacha maidir CBL agus dleachtanna custaim a bhaineann le siopadóireacht lasmuigh den AE?

Freagra

Tá tú ag iompórtáil earraí má cheannaíonn tú earraí ó thar lear ar líne nó ó chatalóg phostdíola, nó má fhaigheann tú earraí a sheoltear mar bhronntanas ó thar lear. Go ginearálta, nuair a iompórtáiltear earraí go Éirinn ó thír lasmuigh den AE, bíonn táillí iompórtala dlite. Áirítear leis seo CBL, dleachtanna custaim agus máil nó dleachtanna eile nuair is cuí. I roinnt cásanna, is féidir leat faoiseamh a fháil ó tháillí iompórtála

Má sheolann duine bronntanas chugat ón lasmuigh den AE, agus má bhíonn luach faoi bhun €45 air, ní gá duit dleacht custaim nó CBL a íoc. Chun bheith incháilithe don fhaoiseamh seo, caithfidh an bronntanas a bheith de nádúrl ócáideach agus é sheoladh ag duine príobháideach amháin go dhuine príobháideach eile. Is féidir leat roinnt earraí a cheannach ó lasmuigh den AE suas le luach € 22 gan CBL a íoc. Ríomhtar an luach ar luach iomlán an ruda, móide postas agus dleachtanna. Is é seo an luach a úsáidtear chun CBL a ríomh freisin, má tá sé iníoctha.  Má cheannaíonn tú earraí ón lasamuigh den AE a bhfuil luach níos mó ná €150 orthú, caithfidh tú dleacht custaim a íoc chomh maith. De ghnáth déantar dleacht custaim a ríomh mar chéatadán de luach iomlán na n-earraí, lena n-áirítear costas postais, phacáistíochta agus árachais. Gearrtar cáin, dleacht custam agus dleacht máil i gcónaí ar tháirgí inmháil (amhail alcól, tobac agus cumhrán) ó lasmuigh den AE, is cuma a luach.

Tá dearbhú custaim ag teastáil ó gach pacáiste a fhaightear ó lasmuigh den AE, a chomhlánaíonn an seoltóir de ghnáth é. Ba cheart go gcuimseodh an dearbhú cur síos ar na hearraí, an luach agus cibé acu an bronntanas nó nithe tráchtála iad.  Ofráileann roinnt suíomhanna gréasáin do chuid earraí a mheas faoina luach chun táillí iompórtála a sheachaint. Tá sé seo mídhleathach. Tá tú, mar iompórtálaí na n-earraí, freagrach as a chinntiú go bhfuil an t-eolas a sholáthraítear cruinn agus go n-íoctar gach dleacht agus cáin. D’fhéadfadh roinnt suíomhanna gréasáin seachadadh a ghealluint ó laistigh den AE freisin, rud a chuirfeadh táilli iompórtála as an áireamh, ach atá i ndáiríre ag seoladh a n-earraí ó lasmuigh den AE. Más é seo an cás, tá tú féin faoi dhliteanas dleachtanna agus CBL.

Question

I have ordered a few presents from a Belgian website. Can I return them if I change my mind when I get them?

Answer (November 2017)

Online purchases from businesses based in the EU are covered by the EU Directive on Consumer Rights. Under this Directive you are entitled to a cooling-off period of 14 days. During the cooling-off period, you can cancel distance contracts such as online purchases without giving a reason and without incurring charges or penalties, other than possible charges incurred in returning the goods. The 14-day cooling-off period begins on the day that you receive the goods.

Upon cancellation, the distance seller is obliged to repay you within 14 days, including delivery costs. If you chose a more expensive type of delivery than the seller’s cheapest standard delivery, you are only entitled to be refunded the cost of the cheaper delivery type.

The seller can withhold the repayment until the goods are returned or until you supply evidence that you have sent the goods back.

You must send the goods back within 14 days of informing the seller of the cancellation. You may have to pay for the cost of returning them. The seller must inform you of such costs before you complete the purchase.

The seller should also have provided you with confirmation of the contract, as well as information on aftersales and guarantees, how to cancel the contract and a postal address for complaints. If the seller did not provide you with information on your right to cancel, the cooling-off period can be extended by 12 months.

Some purchases are not covered by the cooling-off period. These include customised or perishable goods and bookings for transport or accommodation.