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fred42

Warranties/exchange/return.

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As most here know,if you ask what the warranty or their refund/exchange policy on a product here,the answer can be anything from 1 day to 2 years.. Mostly they say "exchange product only" within one week .....NO REFUNDS!

 

The actual law here though is pretty clear although in order to claim your rights it will probably mean a trip to the DTI office..

One of these days,Im gonna visit DTI and put this to the test..

Anyone beat me to it? Be interested to hear how that went for you!

 

Q:

What is the legal basis of the prohibition on the “No Return, No Exchange” policy of business establishments?

A:

Pursuant to the Implementing Rules and Regulations of R.A. 7394, or the Consumer Act of the Philippines, specifically Title III, Chapter 1, Rule 2, Section 7 of Department Administrative Order (DAO) No. 2, Series of 1993, the words “No Return, No Exchange”, or words to such effect shall not be written into the contract of sale, receipt of sales transaction, in any documents as evidence of sale, or anywhere in the store or business establishment.

 

Q:

What is the rationale for this provision?

A:

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.

 

Q:

Why is the presence of a “No Return, No Exchange” notice considered deceptive?

A:

Such statement is considered deceptive because consumers may return or exchange the goods or avail of other remedies, in case of hidden faults or defects, or any charge the buyer was not aware of the time of purchase. By provision of law, sellers are obligated to honor their implied warranties and grant corresponding remedies to consumers.

 

Q:

Can Business establishments still issue official receipts with the “No Return, No Exchange”?

A:

The Plan has six-month objectives and three-year objectives.
Business establishments with unused Official Receipts should erase or blot out the words “No Return, No Exchange” before issuing such receipts and henceforth, such words should no longer be printed in their receipts or anywhere in their business establishments.

 

Q:

If an item bought from store Y turns out to be more expensive than a similar item in store X, can the customer return the item and ask for a refund?

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 defect, one cannot return the goods nor ask for a refund 

 

Q:

Can a store exercise only a policy of exchange but not refund?

A:

Consumers are entitled to either an exchange or refund, as long as there is a defect in the quality of goods or imperfection in the service.

 

Q:

If the defect is due to mishandling on the part of the buyer, can he/she still return the item and demand and exchange or refund?

A:

No. The prohibition covers only hidden defects, shoddy goods or imperfect service.

 

Q:

If after buying a certain item, a customer changes his/her mind and wants to return said item. Can he/she invoke the prohibition on “No Return, No Exchange”?

A:

No, the prohibition is not an excuse for the consumer to return the goods because of a change of mind.

 

Q:

Is there a time limit within which a buyer may return defective products?

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 the nature of the item purchased and the express / implied warranties mandated by law, i.e. Consumer Act and the New Civil Code of the Philippines.

 

Q:

Can a buyer return defective goods without the official receipt?

A:

The Official Receipt is the best proof of purchase. However, 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 other evidence of purchase”?

A:

No, because there may be goods exclusively manufactured or sold by a company and there is no need to prove purchase of the item.

 

Q:

Can a store impose the condition that merchandise can only be exchanged once?

A:

No, because merchandise can be exchanged as many times, as long as the consumer chooses the option of replacement.

http://www.region2.dti.gov.ph/index.php/progs-sevces/consumer-welfare/no-return-no-exchange-prohibition

 

Edited by fred42
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a lawyer once told me ... when you park your car and they charge you a fee that voids the not responsible clause but most people let it go... 

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I am still living in the past.

 

I test it in the store and if it is working, I buy it and then when it stops working, I throw it away

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I am still living in the past.

 

I test it in the store and if it is working, I buy it and then when it stops working, I throw it away

i bought a 1,800 peso light at ace worked in the store.. took home and worked 10 min then stopped ... took back worked in the store ... took home worked 10 min then stopped finally exchanged because the guy who was to fix it broke it taking it apart 

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I never had problems with retruning or refunds - within 7 days I got everything replaced without getting asked why. 
After 7 days it takes longer - either they send you to the "service center" for the brand you have a problem with or they send it in themselves - but even then no problems at all.

Just keep all receipts !

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Typically, if the receipt comes from one of the newer cash registers, the return, exchange policy is spelled out.

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DTI in this area is usually very helpful. We bought an external cd drive from Octagon, that on the second day started squealing and then stopped working. They sent to to Manila for repair, it came back 2 months later and did the same thing. They then refused to do anything. We filed a complaint with DTI, DTI made them replace it with a new one.

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I have usually had success dealing with the supplier, not the retailer.  Ive posted in LinC about success with having a backup power supply from APC replaced TWICE when there was a defect.  

Retailers, even larger ones, want to pass along the problem, so it doesn't surprise me they would simply act as a go between.  Ive had refrigerators repaired then replaced directly by Samsung and Panasonic.  The APC I had replaced was bought at Octagon but the supplier was the one who assisted. Ive had a weedewter repaired when Citi hardware balked at making any effort to get the device repaired.

however, some devices I just give away or throw away when problems develop.  Easier to lose a bit of cash than have to deal,with the hassles.

For example, I seem to have bad luck with floor fans, often slowing and then stopping after frequent use.  I give them to family who are usually able to get them working again.

 

 

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I have used  this several times, but may get you shot,if they know your real name or your address.If they give you a recite  that is not a official BIR recite. You can usually  get your money back easy ,just tell the boss you will file a complained with BIR  that they gave you a non official BIR recite,that usually will force them into giving you a refund or doing what you want. It even worked at a Taiwanese  store.They  would not give me money back for a pair of shoes my wife bought there and they came apart the first time she wore them. They wanted to just give her another pair of the same shoes . But in those days 0ver 7yrs ago i think the fine was only like 10,000 P fine. I think now much higher like 50,000 to 100,000 P  ,that can be  imposed by BIR

Edited by tonny
spelling

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On 2/6/2017 at 2:33 PM, smokey said:

i bought a 1,800 peso light at ace worked in the store.. took home and worked 10 min then stopped ... took back worked in the store ... took home worked 10 min then stopped finally exchanged because the guy who was to fix it broke it taking it apart 

Did you use it for a full ten minutes in the store?

We try to give everything a proper run for the money before purchasing. They get really upset though when I try out a mattress...:unsure:

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