CONSUMER RIGHTS AND SALES AGREEMENTS

Late Delivery - Large furniture and appliance retailers agreeing to deliver items ordered by consumers for usage during the festive season, and have such article delivered after the required period.

ADVICE: Storeowners are being advised that where time is made the essence (made a critical element) of a sales contract, if this agreement is breached, the consumer is entitled to damages, i.e., money. It is a breach of the Sale of Goods Act for vendors and a case of Misrepresentation under the Fair Competitions Act to make promises as to delivery dates and not fulfill them. The consumer can therefore demand a refund or sue for monetary compensation for any loss or physical discomfort.

Last minute shopping may lead to reduced consumer vigilance in terms of inspecting items carefully before making deposits or full purchases.

Advice: The Sale of Goods Act states that all goods sold to consumers must be of merchantable quality.

Most stores display such illegal signs or imposed such policies when items are offered on sale.

Advice: Where items are purchased on sale, some stores may publish a no refund, no exchange sign. This is contrary to the Sale of Goods Act. Consumers have a right to redress if the item has defects (unknown to the consumer at the time of purchase) or malfunctions within a short period after purchase. Under the Law, even if an item is on sale, it must be of merchantable quality, unless the consumer is made aware of the defects and still offers to purchase it.

When you shop last minute, you may not be able to avoid such unfair practices.

• Shop early and do not patronize such stores.
• Ask vendors to represent the condition of the item to you, if upon reasonable inspection you have not seen any faults but suspect it may be defective (this way, if defects are discovered after the purchase, the store representative would be guilty of misrepresenting the item to you and you would be entitled to a refund).Items on “special” priced exactly as before there were on special, therefore there is no benefit to the consumer for the item being placed on “Special”
• Do not patronize stores that do not offer warranty on small appliances such as blenders and mixers. You will need your warranty if the item malfunctions.
• When buying items such as blenders, ask the salesperson for an item which can carry out a specific task, for example, grating coconuts, and allow the salesperson to identify the item which can do what you’ve requested. Take the name and note the description of the salesperson. This way, if the item fails to carry out the required task, you can return it for a refund or exchange.
• Some small appliance traders have been reported to not give warranties on items if they give you a discount. Consumers are being advised to insist in getting a warranty in the item. Do not exchange a discount for your warranty; it will not benefit you in the long run.
• Do allow yourself to be forced into making a purchase. Weigh all bargain offers carefully. Do not give away your rights.

If you can’t avoid making your purchases till the last minute, do your comparative shopping from now and identify the stores with fair prices and good deals.

Some vendors, especially small furniture and appliance dealers tend to offer consumers little or no warranty on items purchased. Often times, no warranty is given when the consumer gets a discount or they may offer to waive the GCT in exchange for warranty coverage.

ADVICE: Do not exchange your warranty under any circumstance. It is the vendor’s promise to repair or exchange (at their cost) your item if it malfunctions or fails to perform the function it was purchased for, during a specified period. It outlines exactly what is covered, for example, labour, specific parts, etc. Do not give away your rights; you will need your warranty in the long run.

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