Professional Documents
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Consumer Rights
Consumer Rights
Consumer Rights
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.
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
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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.
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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
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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.
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