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Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture, and the history of social conflicts can be found in the history of each right and its development Rights - according to the Stanford Encyclopedia of Philosophy, "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived." Consumer Rights - The customers right to be safe, informed, choose, and give input to the producers of the goods and services they use to provide manufacturers with information concerning their products when they make a purchase. Manufacturers who violate consumer rights are subject to lawsuits by their customers. This leads to proper procedures that make transactions smooth and beneficial to both the seller and the buyer. For instance, a consumer who purchases a child’s toy that subsequently hurts their child can hold the manufacturer responsible in court. The customer can hire a lawyer and sue the company for failing to produce

Consumer Rights.minay2

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Page 1: Consumer Rights.minay2

Rights are often considered fundamental to civilization, being regarded as established pillars of

society and culture, and the history of social conflicts can be found in the history of each right

and its development

Rights - according to the Stanford Encyclopedia of Philosophy, "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived."

Consumer Rights - The customers right to be safe, informed, choose, and give input to the

producers of the goods and services they use to provide manufacturers with information concerning

their products when they make a purchase. Manufacturers who violate consumer rights are subject to

lawsuits by their customers.

This leads to proper procedures that make transactions smooth and beneficial to both the seller

and the buyer.

For instance, a consumer who purchases a child’s toy that subsequently hurts their child can hold the

manufacturer responsible in court. The customer can hire a lawyer and sue the company for failing to

produce a toy that was safe for children. Lawsuits involving manufacturers happen all the time and they

typically claim that manufacturers were negligent. There have been many cases where consumers have

won millions because manufacturers ignored consumer rights laws.

Page 2: Consumer Rights.minay2

Consumer rights – an introductionWhen you buy something the law gives you certain rights that protect you if it’s faulty. You may also have extra rights depending on where you buy the item and how you pay for it. Find out what your rights are and who can help if things go wrong.

Your consumer rightsWhen you buy an item from a trader (eg a shop or online shop) the law says the item must be:

of satisfactory quality – last for the time you would expect it to and be free of any defects fit for purpose – fit for the use described and any specific use you made clear to the trader as described – match the description on packaging or what the trader told you

If an item doesn’t meet any of these rights, it is faulty and you will usually have the right to a:

repair replacement refund

These rights apply to most items you buy from a shop, including sale items. You may have additional rights to these if you have a warranty (see link below).

If the trader makes a fault known to you and you buy the item, you can’t return it unless you discover a different fault.

You have fewer rights if you buy your item from a private seller, eg in an online auction or from a newspaper advert. The items only have to match the description given by the seller and be theirs to sell.

You also have rights if you buy a service or sign up to a contract, eg if you a hire a builder or join a gym (see link below).

Returning faulty items Guarantees and warranties for goods - your consumer rights Buying a service - your consumer rights

Returning items to a shopYou will need some ‘proof of purchase’ to return faulty items to a shop such as:

a receipt a bank statement the shop’s packaging a witness – someone who saw you buy it

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If there is nothing wrong with the item, you don’t have the legal right to return it. Some shops may let you return the item if you provide the proof of purchase that the shop wants, eg a receipt. Check the shop’s returns policy before you buy.

Your right to change your mindYou usually have seven working days to cancel your order and ask for your money back if you buy something:

online over the phone by mail order (eg from a catalogue) on your doorstep (eg when a salesman visits your home)

You don’t have this right if your item is:

personalised or made to order perishable, eg food or flowers a newspaper or magazine a financial product (eg a loan) a CD, DVD or computer software where the security seal has been broken

Buying your item by phone, online or by mail order Buying on your doorstep - your consumer rights Borrowing money on credit - your consumer rights

If an item isn’t delivered on timeIf you buy something online, over the phone or by mail order, you have the right to cancel the order and get your money back:

when an item doesn’t arrive on the given delivery date where no delivery date is given and the item doesn’t arrive 30 days after placing your order

These rights only apply if you buy from a trader based in the European Union (EU). If the trader is based outside of the EU, you will need to check with the trader to see which country’s law applies.

Internet, mail order and telephone shopping Buying on your doorstep - your consumer rights Buying from overseas sellers - your consumer rights

How you pay and your rights

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If you pay for something using a credit agreement, credit card or Visa or Maestro debit card, you may have additional rights if:

there’s a fault with the item or service the trader has gone out of business

If you paid for something costing between £100 and £30,000 using a credit card or credit agreement, you can make a claim from your finance company.

If you’ve paid using Visa, Mastercard or Maestro, you may be able to claim your money back through their ‘chargeback’ scheme. You will need to contact the card company to make a claim.

How buying on credit protects your rights

Pricing and your rightsThe price of any item you buy should be clearly priced. If an item has been wrongly priced by mistake, you don’t have the right to buy it at that price. For example if a coat is priced at £29, but is actually £299 when you get to the till.

If you are unhappy with the correct price, you don’t have to buy the item.

If you need to make a complaintIf you need to complain about something you’ve bought, always go back to the trader. Also check any warranty you have to see what protection it gives you, eg for accidental damage.

If you don’t hear back from the trader or don’t agree with their response, you should make a complaint in writing (see link below).

You can also get advice on disputes from Consumer Direct, the government funded consumer advice service.

Making a complaint - what to do first Contact Consumer Direct

More useful links Buying a car - your rights Internet auctions - your rights Protect yourself against scams Disputes when buying goods and services - ways to resolve a complaint

Page 5: Consumer Rights.minay2

Prescille Lou M. Macapala BSA ± 3D

CONSUMERS¶ RIGHTS

The government has formulated laws that would protect the interest of the consumers, but most consumers do not know about this. The said laws are designed to avoid businesses that are engaged in fraud or scam. It is also designed to provide protection for those people who cannot protect themselves when undue practices occur. Thus, the symposium aims to let the people to be aware about their rights as consumers especially when deceptive, unfair and unconscionable sales acts and practices arise.

So, when do deceptive sales acts and practices happen? This occurs whenever the provider, manufacturer, supplier or seller through concealments, false representation, or product manipulation induces a consumer to enter into sales or lease transaction. These sellers are taking advantage of the consumers¶ physical or mental infirmity, ignorance, illiteracy, and lack of time.

One of the dilemmas that consumers are facing is the problem with warranties. Majority, 80% of the consumers, complains about warranties. There are instances where in sellers claim ³No return, no exchange´ policy. This act is considered unfair because if such good is defective, then the customer has the right to be replaced with the same item without defect. The customer should be given an item which equates to the value of money he/she spent. There are also instances where sellers claim that second-hand products do not have warranties. This is not true. Regardless of selling brand new or second-hand products, sellers should be accountable for product warranties.

So, what is warranty and why the claims for warranty arise? Warranty, as defined by the speaker, is a statement or representation made by the seller of goods contemporaneously and as part of the contract of sale. Warranty arose because the company assumes that not all product sold are perfect. Warranty assures the buyers that the claims of the sellers about its representation are indeed true. Warranty usually involves exchange of product and repairs.

There are two types of warranties. One is the express warranty and the other one is the implied warranty. Express warranty is the warranty that sellers expressly affirmed to the buyers while the implied warranty is the warranty that is implied or inferred in the nature of the transaction, relative situation, and inherent understanding of the buyer.

There are also laws that protect the sellers¶ intentions, so people should know the requisites for warranties against defects. The defect must be hidden or concealed by the seller. The defect existed at the time of the sale was made. Also, the action or complain about this must be within period of the warranty. The sellers are not accountable for obvious patent defects or defects that could really be seen in the products, and the defects that the sellers disclosed to its buyers.

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Consumer Rights

The 8 Consumer Rights

In order to safeguard consumer interest, 6 consumer rights were initially envisioned by consumer rights activists of the West, namely:

•Right to Safety

•Right to Information

•Right to Choice

•Right to be Heard

•The Right to Redress

•The right to consumer education

Core Consumer Rights

Right to clear and honest information before you buy. Right to get what you pay for.

Right that goods and digital content are fit for purpose and services are provided with reasonable care and skill. Right that faults in what you buy will be put right free of charge, or a refund or replacement provided.

About 25 years ago, the UN General Assembly adopted the “Guidelines for Consumer Protection, 1985”, which were extended in 1999 to include a chapter on Sustainable Consumption. This report is a comparative study of the Bangladesh Act, 2009 against those guidelines, making a number of recommendations to greater align the Government of Bangladesh’s efforts towards consumer protection with those international standards.

Page 7: Consumer Rights.minay2

The five (5) Consumer Responsibilities

1. Critical awareness - The responsibility to be more alert and questioning about the use and the

price and quality of goods and services we use.

2. Action - The responsibility to assert ourselves and act to ensure that we get a fair deal.

Remember that as long as we remain passive consumers, we will continue to be exploited.

3. Social concern - The responsibility to be aware of the impact of our consumption on other

citizens, especially the poor, exploited, disadvantaged or powerless groups, whether in the local,

national or international community.

4. Environmental awareness - The responsibility to understand the environmental consequences

of our consumption. We should recognize our individual and social responsibility to conserve

natural resources and protect the earth for future generations.

5. Solidarity - The responsibility to organize together as consumers to develop the strength and influence to promote and protect our interests.