Q: What is the legal basis of the prohibition on “No Return, No Exchange” Policy of business establishments?
A: Pursuant to the Implementing Rules and Regulations of R.A. 7394, or the Consumer Act of the Philippines, specifically Title III, Chapter I, Rule 2, Section 7 of Department Administrative Order (DAO) No. 2, series 1993, the words “No Return, No Exchange”, or words to such effect shall not be written into the contract of sale, receipt or sales transaction, in any document evidencing such sale or anywhere in the store or business establishment.
Q: What is the rationale for this provision?
A: The prohibition is aimed to correct the misconception of a lot of consumers that they do not have the right to return shoddy or defective goods or demand for remedies in case of defective or imperfect service because of the “No Return, No Exchange” notice in the receipts or anywhere in the business establishment.
Q: Why is the presence of a “No Return, No Exchange” notice considered deceptive?
A: Such statement is considered deceptive because consumers may return or exchange the goods or avail of other remedies in case of hidden faults or defects, or any charge not known to the buyer. By provision of law, sellers are obliged to honor their implied warranties and grant corresponding remedies to consumers.
Q: Is there a time limit within which a buyer may return defective products?
A: There is no hard-and-fast rule on the period within which a customer may return the products he purchased. A rule of reason should, however, be observed, taking into consideration the nature of the item purchased and the express/implied warranties mandated by law, i.e. the Consumer Act and the New Civil Code of the Philippines.
Q: Can business establishments still issue Official Receipts with the “No Return, No Exchange”?
A: Business establishments with unused Official Receipts should erase or blot out the words “No Return, No Exchange” before issuing such receipts and henceforth, such words should no longer be printed in their receipts or anywhere in their business establishments.
Q: Can a store impose the condition that merchandise can only be exchanged once?
A: No, because merchandise can be exchanged as many times as these are defective as long as the consumer chooses the option of replacement.
Q: What should a consumer do in case a store is found violating the prohibition on “No Return, No Exchange” policy?
A: He/She can file a complaint with the DTI, with the following information the names and addresses of the complainant and the firm/entity being complained about;the acts or omissions constituting the offense including the approximate date, place and time of its commission;the remedy he is seeking from the Department, other than damages;any other relevant information the consumer may have regarding the matter.
For more Questions and Answers (FAQ) on the “No Return, No Exhange” policy, proceed to DTI-Cebu.
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Customer bought refrigerator on March 13 and reported possible defect on the 26th thru the refrigerator’s customer service. Authorized service center checked the unit and found no defect. The following day, customer reported to my store, which I worked as manager, informing my staff of defect on his unit. my staff immediately reported the use to another authorized service center and within the day visited the customer. They, too found no defect on the unit contrary to what the customer complains.
Yesterday, customer demanded that he speak with the manager. So I did. Customer explained he does not have confidence over the 2 authorized service center who checked his unit and wants a replacement of another brand.
I explained to the customer that if the same has been reported within 7 day period, I would have immediately replaced it. But since this is past the 7 day period policy, thus would require Service Report. However, 2 service centers had already checked the units. They can’t find anything unusual. The unit is NOT, NEVER DEFECTIVE.
Is the customer claim valid?
Thank you.
Hi! I just need some clarification regarding on 7 days warranty. I bougth an item on april 12, 2015, then i found some defective, so i decided to return the item to the store on April 19, 2015, with the receipt. But the manager said that lagpas pa na 7 days warranty… As i notice april 19 yung ika 7 days… tama ba?
Please send me a feedback
Hindi na po ba maisosoli ung binili kong brief at undies? For hygienic purpose daw po kaya di tinanggap, tama po ba yun?
Hello may I ask if I can replace a swimsuit that I bought last week in SM Bacoor? Because its an XL size but I didn’t know that she was only a Large size. Thank you.
gaano po ka totoo na hindi na pwedeng isuli ang motorsiklong inutang ko sa isang dealer dahil sabi brand new daw po yung unit eh ang reklamo ko po ang tagal bago makuha ng rehistro eh nagbayad naman kami ng rehistro kasabay sa downpayment
How about if we purchase wrong item and we want to exchange it just like wrong flavor. Is it allowed?
hello, i recently bought expensive earphones at a store inside a mall, it was a Samsung brand. But when i checked online (to compare the contents of the box), the one i bought lacked some extra stuff, and the earphones did not have the Samsung logo.
I think it may be a fake, since the battery also died an hour earlier than what was printed in the specs.
Although it is not defective, can i ask for a refund or at least an exchange since it is fake?
i am making an case analysis about RA 7394, and i would like to ask what are the pertinent and emerging issues and problems while implementing this act? kindly please give me a reply about this. it would be a great help for my analysis
hi, i have this problem where in i brought a phone, smart phone December 12, 2015.. and i return it January 10, 2016 because it was defective. they told me that it will be returned 4 to 5 months. is there any Law i can use to shorten the alloted time? thank you
Hi,if the item has no damage can the customer change his item?