Saturday September 8, 2007
Shoppers’ woes
Ever had trouble getting a refund for that TV that went kaput a month after you bought it, or a waterproof mascara that runs down your cheeks, making you look like a mournful panda? Let’s take a look at how you can get your money back when products don't work.
By MARIA DANIEL
ASK anyone who runs a business and they’ll tell you that their overriding concern is product quality and customer satisfaction. With everyone on the scramble for a slice of the market, and new players joining the fray every year, repeat customers are vital.
However, when push comes to shove many companies are extremely reluctant to deal with problems. Malaysia’s consumer associations are inundated with calls from people who have trouble getting restitution from firms selling defective or substandard goods and services.
Part of the problem is that laws are difficult to understand, and filled with loopholes.
Take the policy on returns. Some shops allow you to bring back goods within three days, others allow seven, and a few a month.
“There are no laws that govern this, so companies set their own policy,” T. Indrani, lawyer and secretary general of the Education and Research Association for Consumers points out.
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You take a risk with the quality of the product you’re buying at clearance sales, but the case is different with cheap sales. — BLOOMBERG NEWS |
The wrong label
“I bought a powder foundation from a beauty shop,” recounts Paris Beaverbanks whose mywomenstuff.com is devoted to reviewing beauty products.
“But when I returned home, I saw it was a darker colour than the tester.”
“I tried to get it exchanged at the store but the sales people were rude and refused to let me change it even though I pointed out to them that it was a different colour from the tester.
“I later took it up with the HQ and much later was told I could change it, but they were out of stock. The whole thing was quite ridiculous.”
Blogger MJ who runs Promotions and Sales in Malaysia (PASIM) that announces sales, promotions and other tidbits of information to shopaholics also finds cosmetics companies tough to deal with.
“I find a lot of waterproof mascaras are not 100% waterproof,” she says. “I have tried asking for an exchange or return by complaining to the company, but all they do is give “explanations”. Now when I’m disappointed with such a product, I just tell a lot of people how terrible it is, and try some other make.”
Your rights: “Where labelling is misleading, companies should give you a refund,” Indrani says. “In fact, if the firm knows there is a problem, you can notify the Ministry of Domestic Trade and Consumer Affairs and the company may find itself charged for false advertising or selling goods which are of unmerchantable quality.”
The sale
Sales are excellent for picking up bargains, but sometimes you can get stuck with a lemon.
“I bought a swimsuit with sleeves from one department store for about RM150 during a sale but decided two days later, I wanted to exchange it for another style,” MJ says. “The promoter said no exchanges were allowed during the sale period.”
“Naive, I didn’t contact the floor manager to demand an exchange. But now, after working in IT and retail, I’ve discovered that while some companies do not allow exchange or refund during sales time, the problem is usually solved if you talk to higher level management.”
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“I looked at all the samples lying about and picked one up in a sealed bag. But when I got home and unwrapped it, I saw it had a tear. I tried to take it back but they said no returns because of the sale. I don’t actually mind because I knew their policy and I should have checked the bag before buying it.”
Your rights: Indrani notes that clearance sales where shops get rid of old stock are distinct from cheap sales that take place during festivals.
During a normal sale, you can expect goods to be sold at a cheaper price than normal, and be of the usual quality. If they are not, you can ask for a refund or exchange as usual. But during clearance sales, you might possibly be buying old stock so you are taking a risk on quality.
The lousy mobile
“I bought a mobile phone but the face plate detached from the LCD screen within a week,” recounts Paris Beaverbanks.
“I took it to the service centre in Kuala Lumpur but they didn’t have stock, so I took it to Petaling Jaya. Three days later, I picked it up and it was OK.
“But less than a week later, it came loose again. I went through the whole rigmarole another three times. Then, the screen went blank. I asked them to change the phone as it was clearly defective but they refused to.
“I eventually threw the phone aside and since then, I’ve had a phobia about that particular brand.”
Your rights: Indrani points out that if product quality is not met as described by the manufacturer or the retailer, you can demand redress.
When you return the item, you must state clearly whether you want a refund, a replacement or a repair.
It is important to note that if you agree to having the product repaired, and you sign off on it as being properly repaired, you cannot ask for a replacement later if the repair turned out badly.
This is a problem if you are dealing with a company that doesn’t value its customers. Some companies try to palm off temporary repairs on the unwitting consumer, hoping the warranty has run out by the time it breaks down.
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According to law...
In Malaysia, three main laws cover such situations. These are the Contracts Act, the Sales of Goods Act, and the Consumer Protection Act 1999.
These laws talk about the implied guarantee regarding product quality and express guarantees by manufacturers. They say that if the product does not measure up in terms of expected quality, you can take it back and the seller must offer you a refund, a replacement or a different product of the same value.
The only exception to this rule is innerwear. Knickers, panties and other intimate clothing is not replaceable for hygienic reasons.
Returned products must be accompanied by a receipt or a credit card slip as proof of purchase.
Shops generally offer back cash for cash transactions. However, if you paid for your purchase with a credit card, most shops will reverse the charge rather than pay back cash. This can take up to 10 working days to show up in your statement, depending on how swift the system works.
Always check what terms apply before you buy. As you agree to their contract once you buy, you should place your business somewhere else if you don’t like the terms offered.
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