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.
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
Sir good day, inquire lang po ako bumili kami ng Multi Cab sa isang rehistradong Surplus dealer tapos wala pang 24 hours nag overheat po yong engine sira po daw yong cylinder sa loob ng engine, gusto po naming mag change item or magparefund sabi ng dealer hindi daw pwede kasi repair lang daw. Tanong ko lang po pwede po ba kameng mag pa change item or refund..
Hi,
I bought a new balance fresh foam last Saturday. Wore it for a couple of hours and doesn’t feel nice after a walk. I went to the store Monday and wanted to exchange for a larger size or get a different brand at the same store even if higher priced. However, they wouldn’t allow it because I used it already (around 2 hours only). Can I still insist to the store manager to exchange it?
Thanks! Would really appreciate your reply. More power!
I bought a blouse for my mom as a present on her birthday but i got the wrong size for her…do i have the right exchange the size the second time since it wount fi her again..the blouse is still in good condition.but the saleslady wont change it anymore cause the management allows return and exchange once only..my mom is a senior citizen btw.thats why i cant bring her to the mall.of her condition.
Hi, I bought an 0+ cellphone last December 11,2016, after 2 days the unit was keep on turning on and off voluntarily. I decided to return it to the store where I purchased the product but Sales Personnel told me to return it in their Service Center. I told her that it should be replaced by a new one since it was still covered by the 7 days warranty and I wanted it to replace of a new unit instead of repairing it. They refused to replace it by a new unit. Can I file complain to DTI regarding this matter?
Hello pls help.
My mother got appliance to home credit loan and payable for a year.unfortunely my mim cant pay anymore the monthly installment pay due to bells palsy attack.
Company given demand letter to pay and sumon from the court.
I my self her son wanted to return the iteam to the company so she will not be stress for all the letters and calls.
Its posible? So my mom will not face any crimal case like
Art.315
Ask ko lang po.. Bumili ako knina ng short ..tpos binayaran ko Na at nasakin n ung resibo.. Tpos may nkita ako n mas gusto ko sana ..tpos tinanong ko ung !anager kung pwede pang palitan sabi nya HND Na daw kasi Na punch Na daw ung item.. Bizarre ung botic
good day,I am a shift leader of a convenience store and there is a lot of customer who returned the item not \because of its defect or such like,but because they get the wrong item and instead of exchanging it for another item they would ask for a refund which is a big no in our rules.
i ordered many spareparts from a certain company,when my orders cane thre is one specific item that is not present because of stock unavailability, is it possible that i cancel that item and order another iten instead?
Please respond as soon as possible.
Thank you.
Hi sir/mama I purchased a mobile at Victory mall in Baclaran
The mobile is wort 5’999. After 3 days po nasira yun mobile at ayaw nila palitan po mag hintay muna daw po ako ng sagot ng tech nila. After ilang days po nag mensahe ako sa kanila pero wla po silang respons.
Hinihingi ko po na ibalik nalang sakin ang halaga ngunit Pinag hihintay pa din po nila ako. Ano po bang aksyon o hakbang ang aking dapat gawin?
Salamat po at magandang araw.
Good afternoon.
I returned an electric fan today that was bought yesterday due to defect on the merchandise, in other words damaged. They then refused to refund the money, nor even offer credit note. Is that true? They also informed me that the same rules goes for the SM branch?
Tried to search on Puregolds bylaws, regulations and policy but non information to discover, which is quite odd that non information are available?
Nevertheless am quite shocked that a big branch such as Puregold and S&M stores (their words) doesn’t have any legal bases for such options. In other country this type of regulation would be unacceptable and profound.
Kind regards,
Kristina
Hi Kristina. We suggest you refer the matter through the DTI. We must add that, in our opinion, the DTI is among the most responsive government agencies. This is under their jurisdiction. Good luck.