Tuesday, 16 June 2015

Consumer rights: no return, no refund

Q: Hi,

What are Trinidad and Tobago laws with respect to refunds?

Why do some stores post "no refund" or state that their policy is "No cash refund"?

Is this legal???

A: The clause of no return, no refund is illegal according to Section 20(d)(ii) Sale of Goods Act 1895, as amended –  ‘reasonable’ time to return


Unfair Contract Terms Act 1985
8(1) In the case of goods of a type ordinarily supplied for private use or consumption, where loss or damage—

  • (a) arises from the goods proving defective while in consumer use; and
  • (b) results from the negligence of a person concerned in the manufacture or distribution of the goods liability for the loss or damage cannot be excluded or restricted by reference to any contract term or notice contained in or operating by reference to a guarantee of the goods.



Additionally:
Unfair Contract Terms Act 1985
  • Goods must match the description given to them, and be of satisfactory quality and fit for their purposes. Contract terms which deny consumers the right to full compensation where goods are mis-described or defective are void and unenforceable
  • Terms which seek to pass on the risk of damage or loss before the goods are actually delivered are void and unenforceable
  • Terms disclaiming liability for sale goods or saying that sale goods cannot be returned are void and unenforceable

16 comments:

Sean Sean said...

Hi, can your employer give you a warning letter for not intervening in an altercation that occurred in your presence five minutes after you finish your tour of duty.The altercation were between to other employees who were on duty at the job site.

Ken Gibson said...

Hi. As a person working in a sales business is it legal for police to force a refund to a customer who cannot prove their goods are faulty? I see that as thuggery and it seems illegal.

Unknown said...

Ann Chow 24th August,2016
Hi, Can a store or business tell you that you only have one year warrant when the manual said you have five's.

azad ashraph said...

Ann Chow 24th August,2016
Hi, Can a store or business tell you that you only have one year warrant when the manual said you have five's.

Trinbago Rights said...

Yes. The manual's warranty is a manufacturer's warrant.

kimberlysamaroo7 said...

Hi I made a down payment on a nail course.. I wasn't told over the phone there's a no refund policy.. When I give the girl my money then she made the receipt and stamp no refund.. Due to personal reasons I can't attend the class.. Now she said I can't get back my $20000 ..what can I do?

Trinbago Rights said...

You can get it back. Contact me.

Store Owner said...

Is it legal to have an exchange policy only as opposed to an exchange and cash refund policy as a store owner?

Trinbago Rights said...

Depends on what you're selling.

Unknown said...

Good day,I bought a dress yesterday and I want to return it. When I called the store the woman said she has a "no refund" policy and that she would write me a credit note. Is there anyway that I can actually get the refund?

Trinbago Rights said...

http://tradeind.gov.tt/index.php/consumer-affairs-division/

Kamal Baldeo said...

if I purchase a dvd player with internet streaming capabilities and the internet connectivity is slow (proven thtaits not my internet, can I return it fora refund?

Anonymous said...

Can a merchant charge a fee for cash refunds?

Anonymous said...

What information should be printed on bills in reference to refunds and order cancellation

Trinbago Rights said...

You should be able to return anything for any reason within a reasonable time frame.

Trinbago Rights said...

No.