Consumer rights: no return, no refund

Q:

Is a "No Refund" or "All Sales Final" store policy legal in Trinidad & Tobago?

A:

Sale of Goods Act 1895, as amended:

• *Section 15(1) - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description
• *Section 16(2) Where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of merchantable quality, except:
• (a) as regards defects specifically drawn to the buyer’s attention before the contract is made; or
• (b) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to reveal.
• *Section 20(d)(ii) - A time frame should be given for returns, but if there is none, the customer has a right to return within a "reasonable time".

 Unfair Contract Terms Act 1985:

• *Section 8(1)(a) - a seller cannot contractually exclude or restrict liability for defective goods, and/or
• (b) negligence of a person concerned in the manufacture or distribution (e.g., delivery drivers) of the goods