Saturday, 3 December 2022

The Voice - Consumer's Voice

I need my money back!

Good day Richard. Kindly assist here. I engaged an interior designer for my house on 3 October. He promised the turnaround time would be 21 days. I kept following with no luck. I sent him a watsapp and email demanding my refund and alerted him that I would now be engaging a different designer because I was running out of time only for him to send sub standard work on 23 November which doesn't even include everything that was on the quote. I haven't responded to the drafts he has sent so far as it broke my heart and I already engaged another designer. Please advise on what I could do with him.

I had gone to the police but they couldn't assist me as they said its a civil matter not criminal.

Firstly, the police were right. This isn't a criminal matter, no crime has been committed, it's a matter between you and this failure.

Let's begin with the Consumer Protection Act. Section 14 of the Act says that where:
"a supplier undertakes to perform any services for or on behalf of a consumer, the consumer has a right to … timely performance and completion of those services (and) timely notice of any unavoidable delay".
That's reasonable, isn't it? It means that a supplier must offer services reasonably quickly and if there are any delays, they should tell us. It's just good practice and being polite. That's not too much to ask.

Section 15 of the Act says a consumer:
"has the right to receive goods which are of good quality".
You deserve to get what you paid for. Again, that's not complicated, is it? It's just good business.

Part of the problem is that anyone can call themselves an "interior designer". Any of us could create a Facebook page and get some business cards printed. But that doesn't mean we're any good.

I think you should contact the guy and tell him very clearly that you cancelled the deal and demanded a refund after his promised turnaround time and long before he submitted the work. Also make it clear that what he submitted was not good enough. Give him enough detail that he can't argue with you.

They sold me a refurbished phone!

I purchased an iPhone 11 earlier this month, I was told it's a new phone. I asked if it was a second hand and they said no they are new phones. I believe I asked more than 2 times and the 2 ladies said it's a new phone. Even on my warranty card, they failed to state that as well .

A couple of days later it started giving me problems, that's when I noticed that it was a refurbished phone. I looked for their number on the warranty card. When I couldn't find it I decided to look in the receipt, that's where it's written that it's refurbished. I took it back and they gave me a different one. Now this new one has started giving me issues too. I want my money back so I can go buy a phone somewhere else. What steps can I take since I'm sure they won't want to refund me?

This is totally unacceptable..

Firstly, they sold you a refurbished phone as new. Section 13 of the Act says that a supplier:
"who offers used goods shall inform a consumer that the goods sold are used goods by … placing a label on the goods that indicates that such goods are used goods (and) placing a notice on the invoice issued to a consumer".
Do you think they know that the penalty for breaking this Section of the Act is a fine up to P50,000, 3 years in prison or both?

Secondly, their warranty card says that their warranty on the phone is only for 3 months. That's strange as Apple offer a 12-month warranty on their products. It's also nonsense because Section 15 of the Consumer Protection Act says that a consumer:
"has the right to receive goods which are of good quality, in good working order and free of defects"
and Section 16 says that if they're not of good quality a consumer
"may return goods to a supplier … within six months".
I'll get in touch with them.

Update: The reader messaged me saying "The shop called me to come and collect my money. Thank you very very much."

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