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> "Customers Always Right" but must be Reasonable, come learn from our case study! Case5

opera33
post Apr 30 2011, 04:40 PM

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For the first case, thats pretty funny.

As for second case, buyer has the right to ask for return of good even after purchasing it. The "Goods Sold not Returnable" thing, no matter you did actually wrote it out or not, if the buyer claiming it from Tribunal, the Seller ended up need to refund + the admin fees for Tribunal. As long the purpose of the item bought is not for reselling purpose, apply to defective product sold as well.

I may be wrong, correct me biggrin.gif

This post has been edited by opera33: Apr 30 2011, 04:48 PM
opera33
post Apr 30 2011, 09:59 PM

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As for the case 2 mentioned, his purpose is to get a cooler to cool his lappy, but the item he bought does not fit the purpose, if it is within reasonable period, maybe less than a month, he should be given the choice for full refund or let's say topup for better item, if its within 7 days, I guess is not a problem to exchange the product as most of the shops does practice this. If the product sold is defective, of course it need to be resolve quicker.

QUOTE
This was in UK, not sure if its applied in here.

Consumer rights: top tips
1. If you buy goods on the internet you have the same rights as if you were shopping on the high street. In addition, you have the right to a seven-day cooling-off period from the date you receive the goods, with the right to a full refund regardless of the reason for return. However, this doesn't apply in some situations, for example if the goods were personalised for you, were perishable, or are not in the same condition as when they were delivered.

Source: http://www.crrc.org.my/crrc/index.php?opti...-news&Itemid=80
other's refund and return policy, is set by the seller/retailer, if it set, you need to follow your policy, like Apple, some of them may apply "No Question Asked Return Policy" for 14 days.

This post has been edited by opera33: Apr 30 2011, 10:16 PM
opera33
post Apr 30 2011, 11:28 PM

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I still believe if it is within 7 days, they should be allow to change/upgrade by paying extra. and that case is, the product sold is not SATISFIED by the customer in term of the quality of the product, it did not perform what is expected.

QUOTE
Consumer’s option of refund or replacement
46.
(1) Where the consumer exercises the right to reject goods
conferred under this Act, the consumer may choose to have—

(a) a refund of any money paid or other consideration provided
by the consumer in respect of the rejected goods; or

(b) goods of the same type and of similar value to replace
the rejected goods where such goods are reasonably
available to the supplier as part of the stock of the supplier,
and the supplier shall make provision accordingly.

(2) A refund referred to in paragraph (1)(a) means a refund in
cash of the money paid or the value of any other consideration
provided, or both, as the case may require.

(3) The obligation to refund cannot be satisfied by permitting
the consumer to acquire other goods from the supplier.

(4) Where a consumer obtains goods to replace rejected goods
under paragraph (1)(b), the replacement goods shall, for the purposes
of this Act, be deemed to be supplied by the supplier, and the
guarantees and obligations under this Act relating to the supply of
goods to a consumer shall apply to the replacement goods.

From: Law of Malaysia - Consumer Protection Act 1999
From the Act, it said they customer should get refund or exchange with similar value product, if refund + topup = new item, i guess it work the same way.

This post has been edited by opera33: Apr 30 2011, 11:29 PM
opera33
post Apr 30 2011, 11:36 PM

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im just stating my point, not sure if it really works that way. maybe if someone has similar case submitted to Tribunal, then we will know biggrin.gif
opera33
post Apr 30 2011, 11:52 PM

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http://www.google.com.my/url?sa=t&source=w...w49qR6eGN2hIPug

try reading the consumer protection act, maybe contract law as well..@.@ i hate law.. and i think think house is included as "goods" which define in CP Act.
QUOTE
“goods” means goods which are primarily purchased, used or
consumed for personal, domestic or household purposes, and
includes—
(a) goods attached to, or incorporated in, any real or personal
property;
(b) animals, including fish;
© vessels and vehicles;
(d) utilities; and
(e) trees, plants and crops whether on, under or attached to
land or not,
but does not include choses in action, including negotiable
instruments, shares, debentures and money;



This post has been edited by opera33: Apr 30 2011, 11:54 PM
opera33
post Apr 30 2011, 11:57 PM

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i think it should be xD the date start when you receive the item...
opera33
post May 1 2011, 12:16 AM

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They is day limit for the consumer to reject the goods, once over the timeline given, the consumer has no rights to claim anymore. Will you try upgrading every 7 days?
opera33
post May 1 2011, 12:34 AM

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If your fighting point against the consumer is "Goods Sold are not returnable, refundable nor exchangeable", i believe this is lose the case.

I only go for exchange when the product defective or not able to use for my purpose. e.g. bought universal aircond remote but although it wrote able to work with the aircond model, but in fact, it dont, i get an exchange for that, from Tesco.

Unless the people really would abuse his/her rights, you may choose not to deal with him/her.. biggrin.gif anyone studying law, please give some opinion..

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