Page 182 - May 2018 - December 2018 Issue

higher than that stated therein and without sponsorship, approval, performance,
5 Things To
Remember While
Christmas Shopping
By Sky Zafe, Legal Services
Filipinos have been known for celebrating
Christmas longer than other cultures. As early 2. There is no such thing as “No Return and No
as September, you hear carols being played in Exchange”.
the malls and decorations are already up. At
around the same time, malls extend their The Implementing Rules and Regulations of
hours to accommodate the throngs of R.A. 7394, or the Consumer Act of the
shoppers looking for presents to give their Philippines, specifically Title III, Chapter 1, Rule
loved ones, buying groceries for all the potluck 2, Section 7 of Department Administrative
dinners lined up, and finding ways to spend Order (DAO) No. 2, Series of 1993, state that the
their bonuses. In the hustle and bustle of the words “No Return, No Exchange”, or words to
Christmas season, it is important to be aware such effect shall not be written into the
of our consumer rights and the remedies that contract of sale, receipt of sales transaction, in
are available to us when we encounter any documents as evidence of sale, or
unpleasant experiences in the middle of our anywhere in the store or business
shopping frenzy. establishment. Such provision is aimed to
correct the misconception of a lot of
1. Never allow short-changing. consumers today that they do not have the
right to return shoddy or defective goods or
Republic Act 10909, or the No Shortchanging demand for remedies, in case of defective or
Law, aims to protect consumers who lose imperfect service because of the “No Return,
money to sellers or service providers who do No Exchange” notice in the receipts or
not give exact change. According to the law, anywhere in the business establishments.
businesses or service providers should give
exact change, and cannot refuse to give Consumers may return or exchange the goods
change to those who are buying their or avail of other remedies, in case of hidden
products, or using their services, as it is their faults or defects, or any charge the buyer was
“duty…to give exact exchange to the consumer not aware of the time of purchase. By provision
without waiting for the consumer to ask for of law, sellers are obligated to honor their
the same.” implied warranties and grant corresponding
remedies to consumers.
Consumers can file a complaint not later than
10 working days after an establishment, seller, 3. The price tag must be followed.
or service provider refuses to give them
change or gives insufficient change. Anyone According to Republic Act 7394, otherwise
found to have violated the law will be fined known as the Consumer Act of the Philippines,
P500 for the first offense. Repeat offenders will it is “unlawful to offer any consumer product
be fined P15,000 and their license to operate for retail sale to the public without an
will be suspended for three months. A third appropriate price tag, label or marking publicly
offense will incur a fine of P25,000 and the displayed to indicate the price of each article
revocation of their license to operate. and said products shall not be sold at a price
181 | LEGAL
discrimination to all buyers.”
4. Gift cards and checks should not have an
expiration.
For people who are not keen braving the
traffic and crowds during this gift-giving
season, gift checks and cards come in handy.
Buyers and recipients of said gift checks (GCs)
must note that Republic Act 10962 or the Gift
Check Act of 2017 prohibits issuers from
releasing GCs that bear an expiry date. It also
bars them from imposing an expiry date “on
the stored value, credit, or balance of the gift
check.”
However, GCs that are issued to customers
“including, but not limited to, those under
loyalty, rewards, or promotional programs” as
determined by the DTI are not covered by the
new law.
Coupons or vouchers that entitle the holder to
“a discount off a particular good or service,” or
“that may be exchanged for a pre-identified
good or service” are also not included.
5. You have rights against deceptive sales
tactics.
There are sales agents that come off as too
aggressive or whose strategies seem to be
deceptive and manipulative. If you feel like you
are being tricked into buying something, be
reminded that deceptive sales acts or
practices violate Article 50 of Republic Act (RA)
7394, or the Consumer Act of the Philippines.
The provision states, “A deceptive act or
practice by a seller or supplier in connection
with a consumer transaction violates this Act
whether it occurs before, during or after the
transaction. An act or practice shall be
deemed deceptive whenever the producer,
manufacturer, supplier or seller, through
concealment, false representation of
fraudulent manipulation, induces a consumer
to enter into a sales or lease transaction of any
consumer product or service.
Further, the law provides that, “the act or
practice of a seller or supplier is deceptive
when it represents that:
a) a consumer product or service has the
characteristics, ingredients, accessories, uses,
or benefits it does not have;
b) a consumer product or service is of a
particular standard, quality, grade, style, or
model when in fact it is not;
c) a consumer product is new, original or
unused, when in fact, it is in a deteriorated,
altered, reconditioned, reclaimed or
second-hand state;
d) a consumer product or service is available to
the consumer for a reason that is different
from the fact;
e) a consumer product or service has been
supplied in accordance with the previous
representation when in fact it is not;
f) a consumer product or service can be
supplied in a quantity greater than the
supplier intends;
g) a service, or repair of a consumer product is
needed when in fact it is not;
h) a specific price advantage of a consumer
product exists when in fact it does not;
i) the sales act or practice involves or does not
involve a warranty, a disclaimer of warranties,
particular warranty terms or other rights,
remedies or obligations if the indication is
false; and
j) the seller or supplier has a sponsorship,
approval, or affiliation he does not have.”
A consumer can go directly to the Department
of Trade and Industry (DTI) if any seller or
business establishment does not comply with
any of the above-listed obligations. The DTI,
tasked with implementing the Consumer’s Act
provisions, shall receive petitions or
letter-complaints from aggrieved consumers.
Christmas shopping is already crazy and
stressful as it is. Thus, it is important to have
knowledge of the rights and remedies
available under the law to help create a safer
and more pleasant shopping experience, not
only during this gift-giving season, but all year
round.