Rights & Responsibilities
Part XV of the Federal Competition and Consumer Protection Act makes copious provisions for the rights of a consumer and confers consumers with the following rights:
CATEGORY
Rights
Rights - Page 1
Right to information in plain and understandable language
FCCPA part 15, sections 114: Businesses are required to provide information about their products and services in a manner that is easily understandable by consumers.
Right to full disclosure of price of goods or services
FCCPA part 15, section 115: Businesses have a responsibility to provide full disclosures of material facts, including prices of products and services. Prices displayed must be equivalent to point of payment or cash-out prices.
Right to product labeling and trade descriptions
FCCPA part 15, sections 166: Relevant and material information must be displayed/provided on product labels. The information must be consistent with generally accepted norms and practices; and other advertisement/promotional information about products.
Right to disclosure of used or reconditioned goods
FCCPA part 15, sections 117: Where products are used, second-hand, or reconditioned, businesses have an obligation to conspicuously and adequately inform consumers about such changes to originality and use of products.
Sales record
FCCPA part 15, sections 118: Except where impracticable, businesses provide written records of transactions upon request by consumers, itemizing details of transactions, sale of goods or services including applicable taxes, if any.
Right to select suppliers
FCCPA part 15, sections 119: Businesses that display, distribute or sell similar products from different manufacturers or suppliers, must respect consumers’ prerogative to choose their preferred supplier.
Right to cancel advance bookings or order
FCCPA part 15, sections 120: Consumers have a right to reasonably cancel advance bookings and/or reservations; and are entitled to full refunds, subject to reasonable charges cancellations. Where a price or promotion restricts the right to refund, consumers must be informed in writing. In certain circumstances, under law, customers are entitled to full refunds without charges, irrespective of any price or promotion.
Right to choose or examine goods
FCCPA part 15, sections 121: Where products are displayed or sold from open stock, consumers may select or reject any particular item before completing the transaction.
Rights - Page 2
Right to return goods
FCCPA part 15, sections 122: Consumers reserve the right to return product (except in limited circumstances) as long as product remains in good condition and return is made in a reasonable time.
General standards for the marketing of goods and services
FCCPA part 15, sections 123: Businesses must provide only factually accurate information about their products or services. Business shall not make, promote or provide misleading or deceptive information or representations directly, or directly that is erroneous, or fraudulent.
Right to fair dealings
FCCPA part 15, sections 124: Businesses shall not employ coercion, undue influence or unfair marketing practices in the supply, sale or distribution of any product or service.
Right to disclosure of used or reconditioned goods
FCCPA part 15, sections 117: Where products are used, second-hand, or reconditioned, businesses have an obligation to conspicuously and adequately inform consumers about such changes to originality and use of products.
Notice required of certain terms and conditions
FCCPA part 15, sections 128: Any notice or agreement that purports to limit, exclude or waive liability of any transaction, or indemnity obligations shall, having regards to the circumstances (Fair trading practice), be brought to the attention of the consumer, prior to conclusion of the transaction.
Prohibited transactions, agreements, terms and conditions
FCCPA part 15, sections 129: Any notice or agreement that purports to limit, exclude or waive liability of a business, a defective performance, fraud, negligence, misrepresentation, imposing a duty or indemnity on consumers, or waiver of implied obligations, is prohibited, void and of no effect.
Right pertaining to the quality and safety of goods and services
FCCPA part 15, sections 130: Businesses shall conduct their product or service delivery in a timely manner. Where delay is inevitable or unavoidable, consumers must be duly notified and updated in timely manner.
Right to safe, good quality products
FCCPA part 15, sections 131: Consumers have the right to receive goods that are reasonably suitable for the purpose for which such goods are generally intended.
Right to implied warranty of quality
FCCPA part 15, sections 132: Businesses are required to provide information about their products and services in a manner that is easily understandable by consumers.
Responsibilities
Be Aware
Gather all the information and facts available about a product or service, as well as, keep abreast of changes and innovations in the market.
Beware
Be alert to the quality and safety of products and services before you purchase.
Think Independently
Make decisions about well-considered needs and wants.
Speak Out
Inform manufacturers and government of your needs and expectations.
Be an Ethical Consumer
Be fair and never engage in dishonest practices which affect other consumers negatively.
Complain
Inform businesses and appropriate regulatory authorities about your dissatisfaction with a product or service, in a fair and honest manner.
Share Experience
Inform other consumers about your experience with a product or service.
Respect the Environment
Avoid waste, littering and contributing to pollution. Promote sustainable consumption by ensuring that what you consume does not impact on the environment negatively.
