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.
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".
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!
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.
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
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
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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