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Warranties

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Consumer Product Warranties

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Warranties

  1. 1. WARRANTIES Can I refund the money I paid for an item which I purchased through force selling by a pool of sales agents? Can I demand for replacement/refund for a defective product under warranty? Yes, you have the right to refund your money provided that all supporting documents are presented for your claim.Yes, you may have it replaced or ask for refund as long as thedefect is not your fault. Just present the warranty card and/ororiginal receipt. Can I return a product I purchased online because its specifications and appearance are entirely different from the way it was advertised? How long is the duration of warranty? Yes, you can return the product and request for a refundAll warranties whether implied or expressed should take effect provided that the product has no defect and is still intact.for not less than 60 days to 1 year. I am still undecided to purchase an item but I was Which items are covered by warranty? already charged for it. Can I cancel the transaction and demand for a refund?All products being sold in the market should have warranty. Noitem is exempted from it. Yes, you can cancel the transaction and demand for a refund provided that you did not sign any document showing your Do the accessories that go with the product I consent. bought are covered by warranty? (i.e. computer mouse,remote control, etc.) Does a company have the right to impose additional charges despite failure to comply withYes. The accessories are still part of what you paid for. These our transaction agreement?are not exempted from warranty. No. A company should only follow what has been agreed upon. What are the options given to a consumer in case Otherwise, a formal complaint may be filed to the nearest DTI of a breach of an express warranty? Office.The options given to consumers are the following: Can I demand to refund that membership fee IRepair; paid to a spa which failed to offer me the servicesReplacement; or they claimed that I will be getting?Refund Yes, you can refund the membership fee you since they failed What are the options given to a consumer in case to provide you the services they claimed to be worth your of a breach of an implied warranty? money.The consumer may retain the goods and recover damages, or http://www.dti.gov.ph/dti/index.php?p=751reject the goods, cancel the contract, and refund the amountpaid for the product, including damages. Are secondhand products covered by warranty? o There is no implied warranty in the sale of Price Tag secondhand products. o The seller is liable under a warranty in the Are erasures or alterations on the price tag sale of secondhand products if he/she has allowed? given an express/written warranty to the buyer. No. Erasures or alterations are only allowed on price reduction sales promotion campaigns.http://www.dti.gov.ph/dti/index.php?p=752 Which amount should I pay when there are two price tags on an item?Deceptive Sales Acts and Practices You should pay the lower price. Is it right for a company to charge through credit card for a transaction just offered through What if there are no price tags on the items being telephone? sold in a store? Can we complain this?Yes, as long as all details are fully disclosed to the clients. Yes. Get the name and location of the store and report it to the nearest DTI Office.
  2. 2. Is it allowed to indicate a separate cash price tag If the defect is due to mishandling on the part of and credit price tag on a product or service? the buyer, can he/she still return the item and demand for either an exchange or refund?No. The price tag should only carry one price regardless if it iscash or credit including VAT. No. If the defect on a product is caused by the consumer, the warranty is automatically void. He/she can no longer demand for exchange or refund. Can retailers offer discounts if customers opted to pay in cash rather than credit card or installment payments? If after buying a certain item, a customer changes his/her mind and wants to return it, can he/sheYes, as long as the payment options will be disclosed by way invoke the prohibition on "No Return, Noof separate information to the consumer and not on the price Exchange?"tag. No, the prohibition is not an excuse for the consumer to return goods because of a change of mind. Is price tag required for all commodities?Yes. All items being sold to the public must bear price tags. What is the limit to the period within which a buyer may return defective products? Is the use of codes on price tags allowed? The limit to be followed is the duration of the issued warranty. The minimum period is 60 days on implied warranty.Generally, prices of consumer products and services shouldnot be written in codes. However, the exceptions are asfollows: Can a buyer return defective goods without theIf the codes are used in addition to price tags, labels, markings official receipt?or price lists;If the codes are used in combination with shelf pricing which Yes, as long as the buyer can present other proofs ofwhen scanned will show the price. purchase. But it is better to present the warranty card. (i.e. contract, billing, etc.) Are price lists allowed? Can a store impose the condition that a productYes, it is allowed on the following conditions: can only be exchanged once?When a consumer product is too small or the nature of whichmakes it impractical to place a price tag; No, as long as the defect remains on the product, it can beIn case of consumer services. exchanged as many times as needed. Is a price tag required on samples on dummies on Can the statement "Exchange will not be accepted display? on items used, damaged or altered." be printed on invoices?Yes. Samples or dummies of products on retail when displayedwithin a store should also bear price tags. No. Some product defects only manifest after being used. Is the statement "Sale items are non-refundable." allowed?No Return, No Exchange Policy This statement may only be allowed if the defects on the sale items are fully disclosed to the consumer in the form of tags or I found out that the item I just bought is being notices. sold for a cheaper price in another store. Can I return the item to where I bought it from and ask Is the 7-day policy allowable? for a refund? No. The 7-day policy is a store policy which is over and aboveNo. While consumers have the right to choose and make a the warranty rule that all products sold must have at least 60canvass of prices, once a sale is done and the product has no days warranty period.defect, you can neither return it nor ask for a refund Can a store only exercise a policy of exchange %%%%%%%%% but not refund? Here is a list of the other government agencies implementing the Consumer Act and their areas of concern:No. Consumers are entitled to either an exchange or refund, aslong as there is a defect in the quality of goods or imperfectionin the service. * Department of Trade and Industry: consumer product quality and safety; deceptive, unfair and unconscionable sales acts
  3. 3. and practices; weights and measures (metrication); consumer Protection of consumers against hazardsproducts and service warranties; price tag; labeling and to health and safety;packaging; liability for products and services; service and Protection of consumers againstrepair shops; and advertising and sales promotion. deceptive, unfair and unconscionable sales acts andhttp://www.sunstar.com.ph/manila/opinion/20 practices; ("unconscionable" means not12/08/19/bunye-knowing-your-consumer-rights- right, not reasonable or not guided by238246 conscience) Provision of information and education to facilitate sound choice and thePhilippines Consumer proper exercise of rights by the consumer;Protection Law Provision of adequate rights and meansWe are in the world surrounded by monstrous of redress ("redress" means remedy or tocapitalism and giant business industries which set right <an undesirable or unfaircare for their profit most of the time. You might situation>);be an ordinary or poor individual who Involvement of consumer representativeconsumes products, or services from these in the formulation of social andbusinesses. But sad to say, you might be economic policies.among of those many people who just zippertheir mouth despite being a consumer victim. What government agencies in the PhilippinesThe reasons might be; you are poor, implement the "Consumer Act of theuneducated, hesitant or unaware. Should you Philippine" and what are their areas ofkeep silent inspite of damaging your rights from concern?these businesses? No, because as a consumer,you have the rights protected by law. What is The following agencies implement thethe law for the protection of the consumer Consumer Act:especially here in the Philippines? And whatsteps to take if your consumer rights are Department of Trade and Industry (DTI)damaged? All these are to be answered in this DTI handles the following areas of concern:article. To clarify some difficult words and a. Consumer Products and Servicephrases, Im providing a short definition of them Warrantiesin order for you to better understand. b. Consumer Product Quality and SafetyWhats the law in the Philippines that protects c. Deceptive, unfair and unconscionableyou as a consumer? sales acts and practices d. Price TagThe law that safeguards and protects the e. Weights and measures (metrication)consumers in the Philippines is the Republic Act f. Labeling and Packaging7394 (R.A. 7394). g. Advertising and sales promotion h. Liability for Products and ServicesWhat is Republic Act 7394? i. Service and repair shops Department of Agriculture (DA)Republic Act 7394 (RA 7394) is the "Consumer a. Agricultural ProductsAct of the Philippines" which was promulgated o Quality and Safetyon July 15, 1992. It is the policy of the State to o Labelling and Packagingprotect the interest of the consumer, promote Department of Education (DepEd)his general welfare and to establish standards a. Consumer education andof conduct for business and industry. information Department of Health (DOH)What are the objectives of the RA 7394 or a. Food, drugs, cosmetics and devicesotherwise known as "Consumer Act of the and hazardous substancesPhilippines? o Quality and safety o Price Tag
  4. 4. o Labelling and Packaging the problem and what steps should be o Advertising & Sales Promotion taken in order to solve the problem. If BangkoSentralngPilipinas (BSP) that person irritates you and doesnt a. Consumer credit transactions help, talk to the supervisor or manager extended by banks and other and tell your complaint. A huge financial intermediaries percentage of consumer problems are Securities and Exchange Commission resolved at this level. (SEC) If you are not satisfied with the support, a. Credit facilities extended to write a formal letter of complaint to the consumers by financing concerned government consumer companies protection agencies in the PhilippinesWhen is the Consumer Act applicable? mentioned above. o In the letter, indicate your nameThe Act is applicable if: and address; the name and address of the the COMPLAINANT is a natural person; establishment against whom you the SUBJECT of the violation is a are complaining; consumer product or service; and the circumstances regarding the the NATURE of the complaint is complaint including names, regarding any of the aforementioned places and dates etc.. concern Enclose supportingWhat is consumer product or service? documents such as official receipts, deed of sale and theConsumer product or service means goods, like. And be prepared to make aservice and credits, debts or obligations which personal appearance whenare primarily for personal, family, household or called, especially during theagricultural purpose, which shall include, but mediation conference.not limited to food, drugs, cosmetics anddevices. How long can a consumer file a complaint?What should a consumer do if he/she has a Within 2 years starting from the time thecomplaint? consumer transaction happened (when the deceptive or unfair transaction took place). Identify the problem. Create a fair settlement. Would any of the following To whom does a consumer file a complaint? options do: o money back (Refund)? In the Provincial Office. The administrative o product repair (Repair)? complaint shall be filed in duplicate with the o exchange or change item Provincial Office having jurisdiction over the (Replace)? subject of the complaint. In areas where there Gather documentation as much as you are no Provincial Offices, the complaint shall can regarding your complaint. be filed in the Regional Office. Examples of documents you can gather are sales receipts, warranties, repair In cases where the complainant and orders, contract/agreement, cancelled respondent are situated in different provinces, checks, or any document which will the complainant has the option to choose the support the complaint. These place where to file the complaint. The documents will serve as your evidence civil/criminal action shall be filed with the or proof. appropriate regular courts (Municipal Trial Go back to the store or office where Court/Regional Trial Court). you made the purchase. Talk to the person who sold you the product or What are the remedies available to service. Be calm and accurate in telling consumers?
  5. 5. Decision of the Arbitration Officer isFor Administrative Proceedings: appealable to the Secretary of the concerned Department within 15 days replacement or repair of product or from receipt of the decision. services Decision of the Department Secretary is reimbursement to complainant of appealable within 15 days from receipt amount spent in pursuing the complaint of the decision to the Intermediate refund of payment made Appellate Court or the Supreme Court restitution or rescission of contract on the following grounds:For civil/criminal action There is grave abuse of discretion. The decision rendered was in excess of civil action jurisdiction or authority of the Arbitration refund of payment made Officer award of damages The decision is not supported by restitution or rescission of contract evidence or there is serious error in replacement or repair of product or findings of facts. services reimbursement to complainant of What administrative penalties can be imposed amount spent in pursuing the complaint upon establishments found to have violated criminal action - defendant, if found any of the laws covered by the Consumer Act? guilty by the court can be sentenced to imprisonment or payment of fine or Administrative penalties that can be imposed both, at the discretion of the court. are:What are the advantages of filing complaint The issuance of a cease and desistbefore the implementing agencies order, provided, however, that such(administrative proceedings)? order shall specify the acts that respondent shall cease and desist fromThe advantages are: and shall require him to submit a report of compliance therewith within a o You can save more money and time in reasonable time;mediation/arbitration. The acceptance of a voluntary o You can avoid more hassles. assurance of compliance orComplainant need not undergo the rigors and discontinuance from the respondentexpense of a court case which may include any or all of the following terms and conditions:How are consumer complaints resolved? an assurance to comply with the provisions of this Act and itsComplaints are resolved through: implementing rules and regulations; an assurance to refrain from engaging The implementing agency where the in unlawful acts and practices or complaint is filed, after jurisdiction is unethical trade practices subject of the determined, will call the parties for formal investigation; mediation conference and find ways for an assurance to comply with the terms amicable settlement. and conditions specified in the If no amicable settlement is arrived at, consumer transaction subject of the the complaint will be scheduled for complaint; preliminary conference for the parties to an assurance to recall, replace, repair enter into stipulation of facts or arrive at or refund the money value of defective simplification of issues. products distributed in commerce; Formal hearing will be conducted by an assurance to reimburse the the Arbitration Officer and decision will complaint out of any money or property be rendered. in connection with the complaint, if any,
  6. 6. and to file a bond to guarantee compliance therewith. Restitution or rescission of the contract without damages; Condemnation and seizure of the consumer product found to be hazardous to health and safety, unless the respondent files a bond to answer for any damages or injury that may arise from the continued use of the product; The impositon of administrative fines in such amount as deemed reasonable by the Secretary, which shall in no case be less than Five Hundred Pesos (P500.00) nor more than Three Hundred Thousand Pesos (P300,000.00) depending on the gravity of the offense, and an additional fine of not more than One Thousand Pesos (P1,000.00) for each day of continuing violation.Readmore: http://www.affordablecebu.com/load/business/philippines_consumer_protection_law/6-1-0-1158#ixzz2FHWefp7x

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