RIGHTS OF A CUSTOMER

WHEN YOU BUY GOODS OR SERVICES THE LAW GIVES YOU CONSUMER

RIGHTS. THIS PROTECTS YOU FROM BEING TREATED UNFAIRLY BY

TRADERS. YOU MAY HAVE RECEIVED POOR SERVICE OR YOU MAY WANT TO

SWITCH ENERGY SUPPLIERS OR CANCEL THE CONTRACT.

YOUR RIGHT AS ACOSTUMER

BUYING THINGS

When you purchase goods, you are entitled to obtain goods that are:

free from defects; fit for the purpose for which they were purchased; of a basic quality bearing in mind the price you have paid and any

description of the goods given to you by the seller; Safe and free from hazard.

WHEN GOODS AREN'T GOOD ENOUGH

If the goods you have purchased fail any of the tests set out above then you have the right to complain to the seller. Be clear about what you want the seller to do about the situation - do you want a refund; replacement goods; a price reduction or some other remedy? If you cannot resolve the problem with the retailer at this stage, then you should seek advice from the Office of Consumer Affairs and Fair Trading or a lawyer.

REFUNDSYou are entitled to a refund if the goods purchased by you are faulty or damaged, unfit for the purpose for which you purchased them, do not match the description given to you, or do not match the sample you were shown. You are not entitled to a refund if you have changed your mind about buying the goods, you have found the item cheaper elsewhere, you discover that you cannot afford them, you knew the goods had a fault and purchased them anyway, or you have damaged the goods yourself.

WARRANTIES

All goods are covered by what are termed statutory warranties. These protect you if the goods purchased: are not reasonably fit for the purpose you bought them; do not match a description given to you; Are not of a reasonable quality bearing in mind price and

description.

LAY-BYThis is a very popular method of buying goods. A store is not obliged to have a lay-by system, but if they do then the following rules should be followed: the goods you are buying should be set aside at the store; the seller should give you a copy of the terms of the lay-by agreement including the

following information: the amount of the deposit; the period over which installments are to be made; the date by which all payments have to be made; penalties which can be applied if you fail to make payments or want to cancel the agreement; and the person responsible for insuring the goods.

The seller cannot change the price of the goods during the lay-by period. If you fail to abide by the terms of the lay-by agreement then the seller can terminate the agreement, return the goods to the shelves and retain a portion of the money paid by you to cover expenses associated with the lay-by. You do not own the goods until the purchase price of the goods has been paid in full.

RIGHT TO EQUALITY IN THE CONSUMER MARKET AND PROTECTION AGAINST DISCRIMINATORY MARKETING

PRACTICES Your right to free and unlimited access to goods and services

- Suppliers are not permitted to limit access to goods and services.- Suppliers are not permitted to prioritize any consumer groups over others when marketing, selling or distributing their goods and services.

Your right to high-quality goods and services- Suppliers are not permitted to vary the quality of their goods and services in a discriminatory manner.- Consumers have the right to query the inferior quality of goods and services.

Your right to fair pricing of goods and services- Suppliers are not permitted to charge unfair prices for the same goods and services.- Consumers should be treated equally, irrespective of gender, race, socio-economic status or geographic location.

Your right to lodge complaints- The Equality Court has jurisdiction in respect of alleged contraventions:- Proceedings may be instituted before Equality Court.- Consumer complaints may be filed with the National Consumer Commission, the latter of which is required to refer such complaints to the Equality Court, if they appear to be valid.

RIGHT TO CHOOSE Your right to select the supplier of your choice - Consumers have the right to shop around for the best prices, goods and services.

Your right to cancel or renew a fixed-term agreement - Consumers have the right to cancel fixed-term agreements upon expiry of the contract

period, without penalty or charge.- Consumers are obliged to provide suppliers with 20 business days’ notice, in writing or other recorded means, of cancellation of fixed-term agreements. Reasonable penalties may apply.

  Your right to return goods and seek redress for unsatisfactory services - Consumers have the right to return unsafe or defective goods and request a full refund for

such goods, provided this is done within a reasonable period.- Consumers have the right to return goods that were not pre examined prior to delivery.

Your right to retain and not pay for unsolicited goods or services - Consumers have the right to return unsolicited goods or services, at the risk and expense of

the suppliers.

THE RIGHT TO BE INFORMED AND PROTECTED

-against fraudulent, deceitful or misleading information and to have access to accurate information and facts needed to make informed choices and decisions.

-must inform customers of the new changes in the price and must also inform the unwanted wholesome products to protect consumers

RIGHT TO BE HEARD

and to express and represent consumer interests in the making of economic and political decisions.

RIGHT TO DISCLOSURE OF INFORMATION What does this mean for the ordinary consumer? Your right to information in plain and understandable language - Consumers have the right to demand contracts/agreements in easily-

understood and plain language.

Your right to disclosure of prices of goods and services - Suppliers are required to display the prices of goods and services, in full view of

consumers;- Consumers have the right to request the unit cost of goods and services, so as to avoid any ‘hidden’ costs.- Suppliers are required to specify the duration of any promotions in catalogues or brochures, failing which consumers have the right to purchase the goods or services at the specified prices.- Consumers have the right to demand paying the lower price for goods displaying two varying prices – suppliers are not permitted to charge consumers the higher price for the same goods.

RIGHT TO FAIR AND RESPONSIBLE MARKETING

What does this mean for the ordinary consumer? Your right to protection against bait marketing - Suppliers are not permitted to mislead consumers in respect of pricing, the

nature, properties, advantages or uses of goods or services advertised, if such goods or services are not actually available for purchase or procurement in accordance with these standards.- Suppliers are obliged to include limitations in respect of the availability of goods or services when advertising such items, and honor such agreements.

Your right to protection against negative option marketing - Suppliers are not permitted to promote any goods or services or automatically

enter consumers into agreements for the supply of goods or services, i.e. if consumers receive unwanted or unsolicited goods or services, they are under no obligation to pay for these goods or services.

RIGHT TO FAIR, JUST AND REASONABLE TERMS AND CONDITIONS What does this mean for the ordinary consumer?

Your right to protection against unfair, unreasonable or unjust contract terms- Suppliers are not permitted to market, supply or enter into an agreement to supply goods or services at prices or terms that are unfair, unreasonable or unjust.- Suppliers are not permitted to require consumers to waive any rights, assume any obligations, waive any liability of the suppliers on terms that are unfair, unreasonable or unjust. 

Your right to obtain notice for certain terms and conditions - Suppliers are required to provide consumers with prior written notice of clauses in

agreements that may constitute a potential risk or liability to consumers.- Suppliers must specifically draw the fact, nature and potential effects of risks to the attention of consumers, in a conspicuous manner and form, to which the consumers accordingly acceptresponsibility.

Your right to obtain free copies of agreements/contracts - Consumers are entitled to obtain free copies or free electronic access to copies of

agreements/contracts, irrespective of whether consumers have entered into such agreements/ contracts.- Free copies should include an itemized breakdown of financial obligations under such agreements.- Suppliers are required to keep records of transactions entered into over telephone or other recordable forms, in the event of the consumer-supplier agreement not being in writing.

THE RIGHT TO A HEALTHY ENVIRONMENT

The right to live and work in an environment which is neither threatening nor dangerous, and which permits a life of dignity and well-being.

RIGHT’SThe Right to be heard; The retailer, supplier or anyone else involved must listen on the consumer when they

complain. The complaint should be addressed with the person at the top or manager of the particular store.

The Right to safety; Consumers must be protected against flaws or hidden dangers in products or services that

they buy. They also have the right to physical safety while they are buying.The right to redress; When you are sold an inferior product or service , you have the right to back to the seller and

demand a replacement or a refund. In some instances the right is protected by law and consumers can take their cases to the court to exercise their right to redress.

The right to a healthy environment; Consumers have the right to physical environment that will enhance the quality of life.The Right to be informed; Consumers have the right to be given all the information they require about a product or

service.

The Right to choose; Consumers must insist on a variety of product and goods to choose from

based on personal taste, quality or price. Competition in the market place allows to buy what suits your particular circumstance.

The Right to consumer education; Consumers have the right to demand education in consumer’s affairs.

Both the state and private sector have a role to play on this.The right to satisfaction of basic needs; Consumers have the right to basic goods and services which guarantee

survival. This includes adequate food, clothing, shelter, health care, education and sanitation.

Access to list; You will receive appropriate list recommendations and professional

quality services regardless of the size of your company, the product or service offered or the value of the assignment. You have the right to be served by professionals who are properly trained and competent to perform their duties correctly.

Respect and Dignity; You will receive respectful consideration at all times, with full recognition of your direct

marketing needs. You have the right to be free from telephone abuse or overzealous sales practices.

Privacy and Confidentiality; All the information’s provided to you in email or verbal communication, written

documentation in regards to list used or prices paid is private. Your records and communications will be treated confidentially and will only be accessed by appropriate staff members.

Informed decision making; You will receive information necessary to provide an informed decision regarding the

product and services. This includes data cards, computer reports, email and delivery records.

Refusal or Cancellation; You may cancel your list of orders at any time. However, should the list service be

completed you are obligated to pay for services rendered. Should you decide to cancel your order while in progress, your obligation is restricted to that portion of the work completed at reduced rate.

Continuity of Deliverability; You may expect all list deliveries or email processing and transmissions to be provided in a

timely manner. You will be notified within a reasonable time if any delay will occur.

Resolution of Costumer Complaints; You may voice your complaints or question your assignment with your account executive or

customer service department at any time without delaying or interrupting the list processing procedures.

Right for the Truth; Costumers have the right to be told the truth. About your company, your products, and your

procedures. It is never right to mislead a costumer, even if it is done in the spirit of service.Common Courtesy; Costumers deserve to hear basic courtesies like “please” and “thank you” from every

employee they encounter in your business. They deserve to be heard without being interrupted; they should not be berated, criticized, or insulted

Timely Service; Costumers have the right to receive service in timely fashion. They should not be expected

to stand in extraordinarily long lines. Solution to problems; Problems are inevitable in customer service, and how you resolve those issues will make a

difference in whether your customer comes back or moves on to your competitor down the streets.

Clean Facility; Costumers also deserve a clean facility. They deserve a well-stocked

restrooms and pristine environment to interact with the staffs.The Right to Representation; You can reasonable demand that lawmakers and bureaucrats express

our interest in crafting government policies. The right to satisfaction of basic needs To have access to basic, essential goods and services: adequate food,

clothing, shelter, health care, education, public utilities, water and sanitation.

The right to safety;To be protected against products, production processes and services that are hazardous to health or life.The right to be informed; To be given the fact needed to make an informed choice, and to be

protected against dishonest or misleading advertising and labeling. 

The right to choose; To be able to select from a range of products and services, offered at

competitive prices with an assurance of satisfactory quality.The right to be heard; To have consumer interests represented in the making and execution of

government policy, and in the development of products and services. The right to redress; To receive a fair settlement of just claims, including compensation for

misrepresentation, shoddy goods or unsatisfactory services. The right to consumer education; To acquire knowledge and skills needed to make informed, confident

choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them

CONSUMERS RESPONSIBILITIESWith rights there are also responsibilities. There is also an expectation that consumers act rationally, and accept a reasonable level of responsibility when exercising choice and entering into transactions in the marketplace.

Critical awareness consumers must be awakened to be more questioning about the provision

of the quality of goods and services.

Involvement or action consumers must assert themselves and act to ensure that they get a fair

deal.

Social responsibility consumers must act with social responsibility, with concern and sensitivity

to the impact of their actions on other citizens, in particular, in relation to disadvantaged groups in the community and in relation to the economic and social realties prevailing.

Ecological responsibility  there must be a heightened sensitivity to the impact of consumer

decisions on the physical environment, which must be developed to a harmonious way, promoting conservation as the most critical factor in improving the real quality of life for the present and the future.

Solidarity the best and most effective action is through cooperative efforts through

the formation of consumer/citizen groups who together can have the strength and influence to ensure that adequate attention is given to the consumer interest.

TIPS BEFORE BUYINGFind out First if it is your responsibility to be well informed. identify your needs and differentiate it from what you want. obtain much information on the product or service, and others experience

with similar purchases. compare price, quality standard and features with competing products. assess safety issues, such as the age and suitability of the product and

potentially dangerous features. understand that advertising and marketing material may not necessarily

give the full picture, further inquiries is needed. avoid making hasty or impulsive decisions based on extravagant claims or

exaggerated representations. refrain from entering into any schemes that are promoted with terms such

as “get rich quick”. understand your financial capability before making the purchase.

Price Indications Make sure you understand the price involved. The price indicated by the trader is an

offer, and upon acceptance of that offer consumers are expected to pay that price. If in doubt as to price, or where the manner in which the price indicated is outside

the normal pattern, seek clarification as to what you are expected to pay. If still in doubt or confused refrain from making the purchase.

Understand your Contract A contract sets out legal obligations of not only the trader, but also the consumer. ~read all the provisions on the contract before signing. If unsure of the meaning of

the certain terms, seek assistance from your friends or relatives who may have had knowledge or similar experience with the same product or check with legal advisers.

Sustainable Development Have regard to the environment, choose products that are environmentally friendly

and does not cause harm to the environment, can be repaired, upgraded, recycled or have a refill package, as far as possible.

Illegal Transactions Consumers have the responsibility not to partake to illegal behavior, refuse to pay

any bribes, and report any approaches engage in unlawful behavior.

Electronic Commerce

Read carefully the terms of the electronic transaction. For example,

The terms of payments, including the correct payment procedure to be followed;

Terms of delivery including the time period of delivery; Guarantees; Warranties or other provisions relating to after-sales service; Any cooling-off period; Condition related to return, exchange, cancellation, or refund policy; The trader’s privacy policy; and The conditions that apply to online redress mechanisms for resolving

disputes,