|
IN a
message sent to konsyumeratbp@gmail.com, a reader
inquired about his right to return a defective product.
Mr.
Rommel Adolfo bought a pair of rubber shoes at a
shopping center in Metro Manila. He shelled out more
than P4,000 to get an original, well-known brand that he
thought could last for years or at least up to its
recommended 350 miles to 550 miles of use. However,
after only a week of wear, he was surprised to find that
the soles have started to peel off.
Feeling
frustrated, Mr. Adolfo wanted to have the shoes
exchanged for a new one. But he said the store which
sold him the product implements a seven-day return
policy.
In a
situation like Mr. Adolfo’s, does a consumer really have
the right to return or exchange a defective or
poor-quality product even after the store’s seven-day
period has lapsed? What does the law say about sellers’
return policies?
The
answer is YES. Republic Act 7394, or the Consumer Act of
the Philippines, entitles consumers the right and means
to redress in order to get due satisfaction from their
purchases. It places the responsibility on the seller or
retailer to act on demands made by consumers who have
bought defective goods.
Article
100 of the Consumer Act stipulates: “The suppliers of
durable and nondurable consumer products are jointly
liable for imperfections in quality that render the
products unfit or inadequate for consumption for which
they are designed or decreased their value, and for
those resulting from inconsistency with the information
provided on the container, packaging, labels or
publicity messages/advertisement….”
In
addition, pursuant to the Implementing Rules and
Regulations of the Consumer Act, specifically Title III,
Chapter 1 and Rule 2, Section 7 of the Department of
Trade and Industry’s (DTI) Administrative Order 2,
Series of 1993, the words “No Return, No Exchange” or
words to such effect shall not be written into the
contract of sale, receipt or sales transaction, in any
documents as evidence of sale, or anywhere in the store
or establishment.
The
prohibition is aimed to allow consumers to exercise
their right to return defective goods or services and
avail themselves of remedies. Article 100 of the
Consumer Act or the “Liability for Product and Service
Imperfection” declares that if the imperfection is not
corrected within 30 days, the consumer may alternatively
demand as his option:
(1) The
replacement of the product by another of the same kind,
mark or model but without defect/s;
(2)
immediate reimbursement of amount paid; or
(3)
Proportionate price reduction.
The
practice of certain retailers of printing a seven-day
return policy creates confusion because consumers think
they only have seven days to return a defective product.
It is
important to note that in case of hidden defects, the
law prescribes a maximum of two years from the date of
purchase or upon discovery of hidden defect to file a
complaint or act, taking into consideration the nature
of product purchased.
For
instance, there are brands which are trusted by many
because even if they are more expensive, they offer the
kind of quality that gives customers their money’s
worth. On the other hand, smuggled and fake goods may be
cheaper but they tend to be unreliable.
Even if
there is no imposed time limit for consumers to be
allowed to return defective products, it should be
within a reasonable period upon which the imperfection
has been discovered. Also, the nature of the product and
expressed/implied warranties covered by the law are to
be considered in related situations.
To guard
businesses against abuse, the law qualifies that only
defective goods can be returned or exchanged, and
consumers cannot return the product and demand for a
refund if they only had a change of mind.
For
example, if an item bought from store Y turns out to be
more expensive than a similar item in store X, the
consumer cannot return the item to store Y and ask for a
refund. While consumers have the right to choose, it is
also his/her responsibility to canvass the prices before
buying, because once a sale is done and the product has
no defect, then one cannot ask for a refund.
Replacing items in good condition is completely “the
call” of the store, and most businesses give in to
requests for a change in size or color because they
believe it will build good customer relations.
 Thus,
the Consumer Act ensures consumers get value for money
by requiring businesses to be mindful about the quality
of products they place in the market. But such
protection granted under the law should never be abused.
Consumers should also take responsibility and be
discerning when it comes to the quality and price of
goods they are buying.
For
businesses, good after-sales service is considered as a
public profession that the company has full confidence
in the quality of its merchandise. It shows that one
honors one’s customers who are making the company
prosper by looking out for ways to keep them satisfied.
In the
end, a good after-sales service benefits consumers and
businesses alike as this minimizes hassle on both sides,
since a system is already in place to ensure that
complaints are addressed efficiently. This creates
goodwill for business—a plus factor in a highly
competitive sector. |
