So you want to get a refund?

FRIDAY, NOV. 2: Not every purchase consumers make turns out to be successful. Things can and do go wrong. However, if you buy something that you later decide you don’t like, or it is the wrong size, wrong colour or you really don’t want or need it, you are not guaranteed a refund.

But if you are concerned that the product you have purchased has a fault, isn’t as described or of poor quality, you may indeed be entitled to a refund or replacement.

If you are trying to decide whether you are entitled to a refund for goods here is some advice you can follow. Ask yourself:

Was the item as described? Nearly every transaction involves a description of some kind, even when a consumer accepts goods without assistance, as in a self-service store. There is usually some kind of a description on the label or packaging. 

Thus when someone buys the goods and they rely on the description given to them, then the goods must be as described.  For example, if a car dealer describes the car as a 1999, 1600cc model, then the car must be of that year and engine capacity.

Was the product “of satisfactory quality”? To be of satisfactory quality, goods must be of a standard and quality that a reasonable person would regard as. For instance, someone buying milk would not clearly expect for it to be off if the sell-by date has not yet expired. On the other hand, someone buying an appliance in a scratch and dent sale should not expect the appliance to be without dents, although he could expect it to work.

If the goods do not correspond with the above, then there is a breach of an implied condition and the consumer can reject the goods (unless he has lost the right). Usually it means the consumer is entitled to his money back. 

He need not accept a store credit. He is entitled to a refund  and/or compensation  for  any  losses or expenses  that  he  has incurred.

Additionally, consider the following.

• Has the item been misused or abused (e.g. dropped)?
• Did you follow the manufacturer’s instructions?
• Does the fault really reduce the value or performance of the product?
• Could you have expected the problem, given the age, quality and price of the product?
• Was the fault a result of something you failed to do (e.g. not getting the recommended service)?

These are important questions to ask yourself before you decide whether you are entitled to a refund. If you are still not sure, give us a call at Consumer Affairs, we will be happy to assist.

For more important consumer information visit www.ca.gov.bm. n

Honey Adams is the education officer for Consumer Affairs. For more information on personal finances visit www.ca.gov.bm.