Thursday, October 19, 2006 Agency reminds consumers their right to return, change goods By Lory Ann B. Bilbao
IN ITS celebration of the Consumer Welfare Month, the Department of Trade and Industry (DTI) cleared the public’s doubts as regards the "no return no exchange" policy in the market.
The consumer is entitled to an exchange or refund, "as long as there is a defect in the quality of goods or imperfections in the service."
However, if the defect was caused by the buyer, the exchange or refund cannot be demanded.
The DTI scored that there is no time limit within which the buyer may return the defective goods but, the nature of the item purchased should be considered.
The best proof of the purchase-official receipt should be brought. Nonetheless, one may still demand the replacement or refund if he can prove that he bought the product from the same store.
However, the consumer cannot return the item bought which is much expensive compared to other stores and if the item has no defect.
The store in connection cannot 'print in their invoices the statement "exchange of merchandise will not be accepted without valid receipt or other evidence of purchase."
The store also cannot impose an exchange of only once.
The DTI wanted to tell all the consumers that the "no return no exchange" policy is being prohibited by the Consumer Act of the Philippines whereby consumers were given the right to redress or be compensated for misinterpretation, shoddy goods or unsatisfactory services.
In its pamphlet, the DTI informed that the said policy "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 business establishments."
"The prohibition is aimed to correct the misconception of a lot of consumers today that they do not have the right to return shoddy or defective goods or demand for remedies, in case of defective or imperfect service because of the "No Return, No Exchange" notice in the receipts or anywhere in the business establishments."
The same words or any word implying the said policy should be blot out from the receipts, or written anywhere in the business establishment.
Once found violating this provision, the consumer can file a complaint before the DTI.
The complaint should include the name and address of the complainant and the entity being complained about, acts of omission constituting the offense including the approximate date, place and time of its omission, remedy he or she is seeking from the DTI other than damages and any other relevant information.
It should be addressed to the DTI Provincial Office with evidences such as the item bought and the receipt.
Criminal acts shall be fined with not less than P500 but not more than P20,000 or imprisonment of not less than three months but nor more than two years or both, at the discretion of the court.
If the consumer product is one of which is not a food, cosmetic, drug, device, or hazardous substance, the penalty shall be a fine of not less than P200, but not more than P5,000 or imprisonment of not less than one month, but nor more than one year or both at the discretion of the court.
While administrative penalties shall be fined of not less than P500 nor more than P300,000, depending on the gravity of the offense, and an additional fine of not more than P1,000 or each day of continuing violations.
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