Thursday, May 10, 2007

Sharing knowledge - Contract Law - Goods sold are not returnable ?


Legal Issue on Contract Law in Malaysia - Good for us to know This is
something I like to share with you from one of my seminar recently.
If
you find this informative, pls circulate. It was conducted by A/P
Catherine Tay on Legal issues in E-commerce.
Notice that most of the time, the receipt / invoice you received
from
the merchant carries this exclusion clause or similarly worded
statement: "Goods sold are not returnable" or "No refund once
sold".

The thing that I have learnt from her is that : "As long as your
good
is
purchased for home use and not for business (i. e. to be resold),
the
above exclusion clause is VOID.

That means, as long as the good is defective, regardless of what
is
worded, you CAN get back all your money spent. You do not have to
accept
a repair on the good or an exchange. You CAN ask for a refund.
AND
you are LEGALLY right and entitled to! What a relevation!!

And most of the time the merchant will refuse to return you your
money.
Her advice? From her own experience (and no less than 7 and all
successful!), she will threaten the merchant with four words:
"SEE
YOU IN COURT!"
The court here refers to the Small Claims Tribunal Court.
However, you don't have to tell them what court! All you have to
pay
is
RM10 admin fee and the loser (the merchant) will have to refund
you
the money PLUS the admin fee!

She shared this with us because she felt that even educated
people
are
cowed by such unfair wordings (which includes her jaded friends
who
are not lawyers).

Pls try not to let the merchant fleece you the next time you have
a
defective good.
I know where to file this. On the 16th floor of Putra Place (The
Mall
opposite Putra World Trade Centre). The form cost RM5.00. The
Tribunal
will settle within 2 months period.
Tribunal Tuntutan Pengguna Malaysia,
Tingkat 16, Putra Place,
100, Jalan Putra,
50622 KUALA LUMPUR
Tel: 03 - 40492300 / 40424181 Fax: 03 - 40424259
IBU PEJABAT, WILAYAH PERSEKUTUAN PUTRAJAYA
Setiausaha
Tribunal Tuntutan Pengguna Malaysia
Kementerian Perdagangan Dalam Negeri
Dan hal Ehwal Pengguna
Aras 5, Lot 2G3, Presint 2
Pusat Pentadbiran Kerajaan Persekutuan
62623 WILAYAH PERSEKUTUAN PUTRAJAYA
Tel: 03-88825822
Fax: 03-88825831

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