Consumer Rights

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

1

CONSUMER RIGHTS Q: What is the legal basis of the prohibition on the “No Return,
No Exchange” policy of business establishments?
Q: Do you know your Consumer Rights?
A: Pursuant to the Implementing Rules and Regulations of R.A.
7394, or the Consumer Act of the Philippines, specifically Title
A: Dapat! III, Chapter 1, Rule 2, Section 7 of Department Administrative
Order (DAO) No. 2, Series of 1993, the words “No Return,
 Right to Basic Needs No Exchange”, or words to such effect shall not be written into
 Right to Safety the contract of sale, receipt of sales transaction, in any
documents as evidence of sale, or anywhere in the store or
 Right to Information
business establishment.
 Right to Choose
 Right to Representation
Q: What is the rationale for this provision?
 Right to Redress
 Right to Consumer Education
A: The prohibition is aimed to correct the misconception of a lot
 Right to Healthy Environment of consumers today that they do not have the right to return
shoddy or defective goods or de mand for remedies, in case of
Q: Like mo ba ang Online Shopping? defective or imperfect service because of the “No Return,
No Exchange” notice in the receipts or anywhere in the
A: Yes! Basta May DTI Sales Promotion Permit. business establishments.

Q: Ano ang mahalaga sa Label ng Produkto? Q: Why is the presence of a “No Return, No Exchange” notice
considered deceptive?
A:
A: Such statement is considered deceptive because
consumers may return or exchange the goods or avail of other
 Expiry Date remedies, in case of hidden faults or defects, or any charge the
 Product at Brand Name buyer was not aware of the time of purchase. By provision of
 Name at Address ng Manufacturer law, sellers are obligated to honor their implied warranties and
 Translation sa English o Filipino grant corresponding remedies to consumers.

Q: Paano makararating and Balikbayan Box sa loved ones Q: Can Business establishments still issue official receipts with
mo? the “No Return, No Exchange”?

A: Ipadala lamang ang Balikbayan Box sa mga Consolidators o A: The Plan has six-month objectives and three-year
Freight Forwarders na may Philippine counterparts/agents na objectives. Business establishments with unused Official
accredited ng DTI. Receipts should erase or blot out the words “No Return, No
Exchange” before issuing such receipts and henceforth,
Q: Ano ang SRP? such words should no longer be printed in their receipts or
anywhere in their business establishments.
A: Ang SRP o Suggested Retail Price ay nagsisilbing gabay ng
mga mamimili upang makasiguro na tapat ang presyo ng Q: If an item bought from store Y turns out to be more
produkto. expensive than a similar item in store X, can the customer
return the item and ask for a refund?
Q: No Return, No Exchange?
A: No. While consumers have the right to choose and make a
canvass of prices, once a sale in done and the product has no
A: No way! Basta depektibo and biniling produkto, pwede i- defect, one cannot return the goods nor ask for a refund
replace, i-repair o i-refund.

Q: Can a store exercise only a policy of exchange but not


Q: Two Price Tags? refund?

A: Bawal! Dapat isa lang ang presyo, cash man o credit card. A: Consumers are entitled to either an exchange or refund, as
long as there is a defect in the quality of goods or imperfection
Q: Problema sa Product Quality and Safety? in the service.

A: Wala dapat! May mga Quality at Safety Standards upang Q: If the defect is due to mishandling on the part of the buyer,
masiguro ang kaligtasan at kasiyahan ng konsyumer. can he/she still return the item and demand and exchange or
refund?
Q: Surcharge sa Credit Card?
A: No. The prohibition covers only hidden defects, shoddy
A: No! Bayaran lamang kung magkano ang nakasulat sa Price goods or imperfect service.
Tag.
Q: If after buying a certain item, a customer changes his/her
Q: No Repair, Replacement o Refund? mind and wants to return said item. Can he/she invoke the
prohibition on “No Return, No Exchange”?
A: Basta may Resibo o Warranty Card, pwede na! Lahat ng
mga produkto o serbisyo na binibili ay may nakapaloob na A: No, the prohibition is not an excuse for the consumer to
Warranty. return the goods because of a change of mind.

Q: Nadaya ka na ba? Q: Is there a time limit within which a buyer may return
defective products?
A: Para makaiwas, maging alerto at wais sa mga Sales Offer
na karaniwan ay hindi totoo. A: There is no hard-and-fast rule on the period within which a
customer may return the products he purchased. A rule of
reason should, however, be observed, taking into consideration
NO RETURN, NO EXCHANGE the nature of the item purchased and the express / implied

1
2

warranties mandated by law, i.e. Consumer Act and the New  lost due to no fault of the supplier;
Civil Code of the Philippines. and
 mutilated or defaced due to no fault
Q: Can a buyer return defective goods without the official of the supplier and such
receipt? damage prevents the supplier from
identifying the security and
A: The Official Receipt is the best proof of purchase. However, authenticity features thereof.
he/she may still demand replacement or refund if he/she can
prove that a defective item was bought from a certain store.

Q: Can a store print in their invoices the statement “Exchange


of Merchandise will not be accepted without a valid receipt or
SALES TALK
other evidence of purchase”?
...should not misrepresent the product or service.
A: No, because there may be goods exclusively manufactured
or sold by a company and there is no need to prove purchase In the game of selling, advertising gets products and services
of the item. noticed by consumers. Literature, printed in posters, flyers and
brochures or posted on the company website, provides the
Q: Can a store impose the condition that merchandise can only important details that could push consumers into buying. But, it
be exchanged once? takes a master in the art of sales talk to win the customer and
complete the sales transaction.

A: No, because merchandise can be exchanged as many


times, as long as the consumer chooses the option of Yes, we are living in an increasingly impersonal, computerized
replacement. world. Transactions made over the Internet are on the rise.
Several local retail establishments have also put up websites
where their customers can order online and have them
GIFT CHECKS, CARDS, AND delivered to the house.
CERTIFICATES
Yet, there is no doubt that a majority of consumers still look for
DAO 10-04: Guidelines on the Issuance, Use and Redemption that human touch and continue to go to the retail outlets to buy
of Gift Checks, Certificates or Gift Cards in accordance with stuff. Malls and supermarkets are packed with people even
Republic Act No. 7394 or the Consumer Act of the Philippines, during weekdays. And, in spite of conveniences of these
and for other Purposes places offer, places like Divisoria and wet markets, where the
culture of haggling and negotiating thrive, continue to give
them a run for their money. Consumers want actual live
Gift Check/ Certificate/ Card - an instrument issued by a people to explain the virtues of a certain product or service to
supplier to an individual, partnership or a juridical entity for them before they actually buy these goods.
monetary consideration evidencing a promise by the issuer that
consumer goods or services will be exchanged in favor of the
bearer upon presentation of said gift certificate/ check/ card to Thus, in the traditional retail setting, it is the good sales
the value, credit, specific good, service or event shown in the persons that keep the customers coming back.
instrument. It represents value held in trust by
the issuer/supplier/distributor, thus DTI intends to regulate its First of all, the sales personnel must be trained to deal with all
use to protect consumers and ensure that they are not unduly kinds of personalities. Never rude to clients no matter what
deprived of their money mood they are in. For the duration of the transaction, they are
able to make the clients still feel as if they are the most
Salient Features: important people in the world. Second, the sales personnel
must know the product or service like the back of their hands.
Nothing annoys consumers more than a sales person who
 Upon effectivity of the order, 16 July 2010, all gift knows squat about the item he is selling.
checks/ certificates/ cards issued must bear a date of
issue and an expiry of two (2) years.
Most important in the art of sales talk is not to misrepresent the
 Starting 01 July 2012, all suppliers, issuers, product or service just so the consumer would buy it. Sales talk
distributors and sellers are prohibited to issue and/or serves to inform consumers that the product or service
sell gift certificates/check/cards with an expiry date. addresses a certain consumer need, therefore it is a given that
 Gift certificates/checks/cards that are sales talk highlights the good qualities of the goods being sold.
distributed to consumers under Still, trickery and deception should never be a part of the sales
awards, loyalty or promotional programs are pitch.
not covered.
 All gift checks/certificates/cards with no The Consumer Act protects consumers against deceptive sales
expiry dates shall be redeemable until used practices. A deceptive sales act or practice is defined as an act
by the bearer. on the part of the seller that induces a consumer to enter into a
 Holders of unused and unexpired gift check/ sales or lease transaction of any consumer product or
certificates/ cards after June 30, 2012 shall service through concealment, false representation or fraudulent
be entitled to replacement after revalidation manipulation.
by suppliers.
 Terms and conditions of unused gift check s/ What does concealment, false representation, or fraudulent
certificates/ cards issued before the manipulation mean? The law cites several examples such as
effectivity of this order shall be honored; but the following:
those bearing expiry dates beyond June 30,
2012 shall be subject to revalidation or
replacement.  A consumer product or service has the sponsorship,
 Goods and services that are paid with gift approval, performance, characteristics, ingredients,
certificates/check/card are qualified in accessories, uses, or benefits it does not have.
promotional sales activities, loyalty  A consumer product or service is of a particular
programs, warranties, return policies for cash standard, quality, grade, style or model when in fact it
purchases, and discounts for senior is not.
citizens/persons with disability.  A consumer product is new, original or unused, when
 The suppliers cannot be held liable for gift in fact, it is in a deteriorated, altered, reconditioned,
certificates/ checks/ cards under that are: reclaimed or second-hand state.

2
3

 A consumer product or service is available to the it, a bestseller is born. Meanwhile, unpopular products end up
consumer for a reason that is different from the fact. in incinerators. With this line of argument, it is also the
 A consumer product or service has been supplied in consumer that determines the development of an industry.
accordance with the previous representation when in Thus, companies spend a lot of money to study on how
fact it is not. consumers behave and the preferences they make. They
probably would research if girls would love to wear T-shirts that
 A consumer product or service can be supplied in a
show belly buttons or boys want to put on loose pants.
quantity greater than the supplier intends.
 A service, or repair of a consumer product is needed
when in fact it is not. Companies will only supply what the consumer is willing to buy.
 A specific price advantage of a consumer product Only a foolish businessman will offer his goods to the market
exists when in fact it does not. without considering the needs of the consumer.
 The sales act or practice involves or does not involve
a warranty, a disclaimer of warranties, particular Passing by vegetable stalls or even at the Tutuban in Divisoria
warranty terms or other rights, remedies or obligations you will hear vendors bark “Bili na dito suki!” Come to think of it
if the indication is false. you have not even bought at the store at all in your life.
 The seller or supplier has a sponsorship, approval, or
affiliation he does not have. But a very important idea is being presented by a sales lady ...
patronage or the choice to continuously by from establishment.
It is government policy to promote and encourage fair, honest, Suki means you get a discount. Suki means you get more sukli
and equitable relations among parties - the seller and the buyer or more value for your money. Their business is at the mercy of
- in consumer transactions. Retailers are encouraged to the patronage of consumers.
promote transparency to consumers among their ranks. All
information about a product or service, especially those that Unfortunately, the ordinary consumer does not understand this
concern pricing and quality, should be disclosed to power. The ordinary housewife does not know how to wield this
the consumer. to her favor. Alas, a lot of education must be done to make the
consumer a powerful force to reckon with - education that
For instance, clothing stores sometimes goes on sale for items will make consumers cry out for better products.
with factory defects. If a shirt is being sold at a discount
because it has an inconspicuous hole or tear then the seller But definitely, the power is in the hands of the consumer from
should mark the shirt where the “imperfection” is located. In which firms take their cue. Others may say it is the money that
this way, the consumer is informed that there is a reason for is inside the purse or wallet. But in the end, it is the decision of
the mark -down in prices. the person when, how, what, and where to buy.

By giving him that information, he is given the power to choose: PURCHASING GUIDE
to buy a perfect but more expensive shirt, or a discounted one
with the inconspicuous hole. If he does choose the shirt with
the hole, he cannot complain that the item is defective. Food labels can be very interesting literature. For some people,
trying to decipher the cryptic text in food containers and
packages is an amusing mental exercise, a kind of distraction
LIFE AND DEATH OF A PRODUCT to eating processed goodies containing multi-
syllabic, hyphenated ingredients they cannot pronounce, like
...are determined by the consumers! sodium caseinate, xylitol, aspartame, monosodium glutamate,
evaporated cane juice, partially-hydrogenated vegetable oil. In
the process, they would also check out the fat, calorie and
The consumer’s decision to buy is power. sodium contents based on the daily allowable intake indicated
in the nutrition label.
Consider the ordinary housewife, everyday she has hundreds
of pesos at her disposal to buy basic needs and splurge on Many of these label readers would have no idea what the
some luxury items on what is leftover from her budget. words meant. A person trying to avoid sugar, for example,
would probably think that the product containing evaporated
She is free to choose from a wide variety of products offered at cane juice is a better alternative, not knowing that it is actually
the market shelves. She dictates to the market what she needs just sugar that underwent different processing. Not surprisingly,
– five eggs and loaf of bread for breakfast, a kilo of fish and a consumer study confirms this lack of understanding of food
beef for lunch and dinner. Probably she would drop the kilo of labels among consumers.
fish and buy a pair of step-in slippers as she detours to the
nearby department store. According to a global Online Consumer Opinion Survey
conducted by AC Nielsen in 2005, which polled 21,261
Does anyone notice her buying pattern? Oh yes, the egg respondents from 38 countries from the Asia Pacific, North and
vendor lists down in her notebook how many were bought Latin Americas, Africa, and Europe, half of consumers
today and how many eggs must be brought in tomorrow. The worldwide only partially understand the nutritional labels on
department store merchandiser places a notch on the log book food packaging.
that the item has moved.
Yet, in spite of this partial understanding, 20% of consumers
In the process, the consumer has revealed to the market what would always check labels while 40% of consumers worldwide
she needs and silently what she does not. would check the labels when buying a product for the first time
- the Philippines coming out among the top 10 countries whose
consumers would do so.
This is just one consumer on an ordinary marketing day.

The study also showed that nearly 30% read the labels
Now, let us consider all the buyers in a single place, clearly this
whenever they would buy certain food types. Consumers were
very loose conglomeration of individuals with million pesos of
most likely to check for fat, calories, and sugar content, as well
buying power can turn a market to either desolate or bustling
as preservatives, coloring and additives. However, 44% said
area. Thus, the consumer together with the producer
they did not know the difference between saturated and
that builds the market. This constant interaction of buyer and
unsaturated fat.
seller develops market and that market that gives birth to towns
and cities – just because there are consumers are willing to
spend in a given area. While 21,000 survey respondents would hardly be a
representative sampling of the world’s billions of consumers,
the study does say something important to businesses and
Consumers determine the life and death of a product. If they
consumers are looking for adequate information to guide them
like it - more likely it will have a good shelf life - but if they love
during purchases, and product information in labels and

3
4

packaging is becoming a key factor in determining whether a  Keep a sharp eye for special price reductions of
product will be bought or not. products which can be reserved for future use.
 Be alert for low-budget, economical but nutritious
Labeling is a powerful marketing tool in convincing consumers recipes and other consumer product information. Go
to buy your product. Therefore, making the labeling information for quality, not quantity.
clear and relevant to the needs of consumers can be a vital  Vary your meals. Look to perk up the appetite of the
step toward consumer patronage. family.
 Read labels carefully and take note of nutrition
Labeling, clearly, is indispensable to consumers in the exercise information such as contents, measure, etc.
of their right to information and choice, and to businesses in  Look for expiry dates to insure freshness.
enabling them to cater to their market’s needs and to promote  Do not be ashamed to ask the assistance of store
their products well. But, labeling has a far more supervisor for information or location of some items.
important function than merely contributing to sales; it is a  Compare prices per unit or serving.
double edged sword with the equal ability to misinform as
much as it can provide the right information.
 Help control. Store operating costs which will
indirectly affect prices. Handle merchandise carefully.
 Go for value, not brand.
That is why businesses and government have a big
 Time saved is time well-spent. At the check-out
responsibility in making sure that consumers are not only given
counter, unload items with prices showing.
honest information about a consumer product, but that the
information does not mislead them in any way.
TOP 10 WAYS TO STAY SAFE AS A
As a state policy, government is enforcing compulsory labeling CONSUMER ONLINE
to enable consumers to get accurate information as to the
nature, quality, and quantity of the contents of consumer
1. It can take only 10 minutes to crack a lowercase
products. Minimum labeling requirements have been imposed
password with 6 characters. Use original and different
for businesses to comply with such as registered trade or
passwords for all your accounts.
brand name, the business name and address of the
2. Set passcodes on all your devices. Without it your
manufacturer or importer, the general make or active
apps, tickets, calendars, contacts, payment
ingredients, the net quantity of contents, and the country of
information and personal information is readily
manufacture.
available.
3. In 2015, 429 million identities were left exposed
Additional labeling requirements for food products have also online. Check and update your privacy settings on
been imposed to protect consumers further: social media and avoid sharing personal information
online.
Food products must indicate the expiration date, whether the 4. Always set a password for access to your Wi-Fi
product is semi or fully processed, ready to cook or ready to network. Without one you don't know who you're
eat, the nutritive value, and whether the ingredients used are sharing your network with.
natural or synthetic. 5. In 2015, spam email attempts to obtain sensitive
information such as usernames and passwords to
people's work emails increased by 55%. Watch out!
To address issues raised by livestock farmers and consumers
Don't trust email offers or rewards which seem too
as to the importation of buffalo meat from India and Kangaroo
good to be true.
meat from Australia which are being used as substitute for
6. In 2016, the number of email viruses detected was
cattle beef and pork in various types of meat products, the
four times higher than in 2015. Be aware and avoid
Food and Drug Administration (FDA) has enforced the
opening unusual email attachments and links.
Philippine National Standards (PNS) requiring prepackaged
7. Avoid sharing unnecessary personal details online.
meat products such as corned beef to indicate the type of
Use temporary email addresses which will expire
meat used, whether cattle beef or carabeef.
within a certain amount of time when signing up to
one-off services. There are websites which can set
The caption “No Approved Therapeutic Claim” must be printed them up for you.
on the primary display panel of all labeling materials used for 8. Over half a billion digital personal records were lost or
food supplements (i.e. immediate label of the container, box, stolen in 2015. Stay safe when making payments
carton, brochures, leaflets, etc.) to ensure that these products online and only use websites that start with 'https' and
are not commercially sold or advertised with therapeutic have a green padlock sign.
claims. 9. Hackers exploit out-of-date software and operating
systems to launch cyber attacks. Turn automatic
It is up to the businesses to make sure that these labeling updates on for all your devices to stay secure.
requirements are written in a language easily understandable 10. Almost 1/3 of the world's computers have been
to consumers but ultimately, becoming knowledgeable about affected by malicious software. Make sure you install
the meaning of the information in labels rests solely on and update firewalls, antivirus and anti-spy software.
the consumer. After all, information is useless if it is not being
read and applied.

SHOPPING TIPS

Exposed to a variety of goods in the market and bombarded by


an overdose of advertisements, the poor consumer can easily
get confused. How, then, can a consumer make a sound and
intelligent decision on what and how to buy? Consumers must
be equipped with shopping skills and should exercise vigilance,
whether buying in a supermarket or in other types of stores, if
he or she wants to save precious money, time and energy. It
helps to know the following tips:

 To save time in locating products, familiarize yourself


with the arrangements of stocks in the stores where
you frequently do your shopping.
 To avoid missing special, genuine sales, shop
systematically up one aisle and down the other.

You might also like