Australian Civil Liberties Union
Your Rights 2005
Chapter 3
RIGHTS OF CONSUMERS
General advice. Advertising. Warranties. Appliance servicing. Door to door sales. Credit purchases. Complaints. Buying a car.
See also Chapters on Rights of Investors and Rights of Taxpayers.
Decide
what you need and what you can afford. Don’t over-commit yourself
financially.
Compare prices and finance terms offered. Don’t sign anything you haven’t
read
or understood. Read guarantees carefully. Be wary of advertising and sales
gimmicks.
If in doubt seek Legal advice. Don’t hesitate to say no. Take inflation into
account.
If dissatisfied with goods or repair work complain.
The
most basic advice that anyone can give a consumer is to be careful. In the
consumer
field the law generally says “let the buyer beware”.The law says that you—the
consumer
must protect yourself in most situations. The onus is on you to guard
yourself against
faulty goods and services, smooth-talking salesmen, high-powered advertisements,
harmful
clauses in contracts, and plain racketeers. The
law will protect you in many areas but
some business people have found ways to get around those legal protections when
they
are dealing with careless consumers.
Beware of:
1.
Undivided
land shares.
2. “Unclaimed” or “repossessed goods” because
you
will probably be shown something which is damaged and then switched to an
expensive
item.
3. A freezer food plan that promises a free freezer or
wholesale food, or that
it will pay itself out of savings.
4. Cheap mail order goods where
you pay before seeing
what you buy.
5. Paying for neighbours’ packages.
6.
“Selling out” sales at stores.
7. False
economy devices such as fuel savings devices.
8. Schemes to earn
money by working at
home.
9. Mail order “quick” cures for health problems.
10.
Signing documents without reading
them.
11. Being bulldozed into buying something you don’t need.
12. Paying high interest
rates since buying on credit can double the cost.
13. Bargains that
“can’t wait”.
14.
“Vanity
schemes” that grow your hair or reduce your weight, etc.
Written
Contracts. The
biggest trap for consumers is in signing written contracts. These
often make it impossible for you to do anything about the goods or services you
have
bought if they are faulty. They also often contain clauses hidden in small print
or disguised
in complex language which impose onerous obligations on you. Furthermore,
they
often contradict what the salesman has told you. Remember that in any
transaction the
law says that written contracts almost always override verbal agreements or
understandings.
If
the salesman makes you promises which are contradicted by the form you
sign, his promises have no effect unless fraud is involved. Read the document
before you
sign it. If need be take the form home to read. Don’t sign it before you
understand it.
Never
sign a blank or incomplete form. If you do you are virtually writing an open
cheque for
business people. Insist on the deletion of any condition that you do not like
and insist on
the addition of any promises that the salesman has made to you. Obtain an
accurate copy
of every form that you sign.Thoroughly inspect or observe the goods or services
you are
buying. Similar principles should guide every aspect of your consumer
purchases.
Advertising.
It
is important to prevent yourself from becoming drawn into buying
goods
or services that you do not really need and cannot really afford.
Think
about this before
you buy new products such as videos and CD players. In this age of material
affluence
business people are devoting a large part of their effort and resources to
drawing
you into buying more and more commodities. They want you to buy and they
want
you to buy often.They use advertising, offers of credit and psychological
appeals to your
fears and desires to achieve their ends. You must be aware of these pressures
and you
must be alert and informed enough to resist them so that you only buy what you
really
want and at a price you know you can afford.
Warranties.
The
following points should be considered: Scrutinize all advertisements
and
warranty cards. Make sure you know what is supposed to be guaranteed and that
this is
spelt out in clearly stated terms. Be careful that you are not swayed by the use
of the word
warranty as it may not offer the protection you assumed. Ascertain the actual
parts or
items covered by the warranty. Make sure you know the exact duration of the
warranty.
Make certain you understand your obligations and those of the manufacturer,
seller
or service firm. If you are required to return a form so that the warranty is
operative,
do so.Always determine who is the guarantor – the seller or the
manufacturer.
Read
fine print carefully and don’t take the seller’s word for alleged benefits
present. Once
a warranty has expired consumers
sometimes choose other than the dealer or the
manufacturer to service the appliance needing repairs. Often selection of the
service firm
is obtained by random selection from the telephone directory. Selecting a
service firm
at random from the “Yellow Pages” telephone directory can be an expensive and
troublesome
experience.
To
prevent overcharging, first
request an itemized quotation listing the authorized work,
the cost of parts, and labour charges. It is generally accepted that most
repairs to domestic
appliances can be effected in the home. It is only when a major breakdown
occurs
that workshop attention is warranted.
Door-to-Door Sales – General Advice. Don’t buy anything if you are unsure of its value. Don’t sign a contract to get rid of a salesman. Call the police if a salesman is a nuisance. Be sceptical of offers of free goods. Don’t fall for sales pitches based on supposed educational needs of your children. Check with their teacher.
If
it is a set of encyclopedias which is being sold, remember that your children
will only
use a fraction of the information it contains. Valuable sets of encyclopedias
are available
in the reference sections of some libraries. If the product being offered is
designed
to cover the fibro or weather board exterior of your home, don’t sign until you
have
obtained several quotes. Most door-to-door sales can be cancelled by you within
a brief
period usually 10 days except cash sales.
Get
rich scams costing consumers millions.
According
to the Herald Sun 1/12/2000 consumers are losing millions of dollars to
scam
lotteries, competitions and get-rich-quick schemes. Rip-off merchants luring
victims
with cash-prize promises and gifts are running rampant.Victims are baited with
supposed
car and lottery winnings, cut-price items such as rubies, diamonds and
electrical
appliances, or promises of huge wealth. Investigators have uncovered a
myriad
of suspect schemes including requests to send money to mystery mail boxes,
unsolicited
mail announcing competition wins, and calls for deposits to ensure future
wealth.
Operators track down victims after buying mailing and fax lists. Officials
estimate
tens of thousands of Victorians have received scam offers. State consumer
affairs
authorities have sent warning letters about various scams. Money or credit card
details
should never be passed on without verifying companies through a telephone
number
or other firm contact details. People can report suspected scams to Consumer
and
Business Affairs. A link to a national registry of alleged scams can be obtained
through
www.scamwatch.gov.au.
Warning
Signs: An
offer that sounds too good to be true; post office boxes with no street
address, or ones that refer to a suite; no mention of a telephone number;
unsolicited mail
claiming you have won money; a claim you can make large sums of money in a short
time;
invitations to join a scheme by paying a sum of money now with the promise of
wealth
in the future; chain letters asking you to send money or gifts to people higher
up the
chain.
Do’s and Don’t’s when buying on credit.
(a)
Make
sure you know the cash price of the
goods before entering into a credit agreement.
(b) Carefully examine
the goods to make
sure they are in good order and condition and will meet the purpose for which
you are
acquiring them.
(c) Don’t be rushed into signing a contract; study it
to make sure of the
type of credit it covers, check the total amount involved, not just the amount
of each instalment,
and think carefully whether you can afford the payments.
(d) Allow
for regular
commitments, such as rent and other living essentials, leave a “reserve” for the
unexpected
and don’t bank on uncertain sources of income such as overtime, part-time
job
or a “working wife”.
(e) Consider registration, third party,
comprehensive insurance premiums,
maintenance, reasonable repair and running costs before buying a car.
(f)
Pay the
highest possible deposit to give you a worthwhile equity and lower repayments
and don’t
buy if you have to borrow the down payment.
(g) Avoid overlong
repayment periods,
which only increase the cost to you, and, remember, it is better to get one item
at a
time than to stretch your budget by trying to obtain several at once.
(h)
Don’t hesitate to
contact your finance company if, through unforeseen circumstances, you have
trouble in
meeting repayments. All companies wish to help solve the genuine problems of
clients.
(i)
Don’t
sign a blank hire purchase form or any other type of credit agreement.
(j) Don’t take
the salesman’s word as to the costs involved – check each item in the
agreement.
(k)
Make
sure you know the rate of interest involved.
Legislative
Protection for Used Car Buyers. Agreements
for the sale of a car must be in
written and you must be given a copy. It is an offence to tamper with a speedo,
to substitute
a speedo and to state a false mileage if done deceitfully.The dealer must repair
at
his expense any defect appearing in the car within a certain number of months or
kilometres
travelled, depending on the price paid for the car. The extent of protection
varies
from State to State – check with Consumer Affairs in your State. However,
defects which
were stated in writing at the time of the sale along with a fair estimate of
repairs cost
(and which are acknowledged by your signature), arise from an accident you are
involved
in, arise from your misuse or negligence, or concern only tyres, battery or
accessories,
are exceptions. Second-hand cars cannot be displayed without a notice
containing
particulars, including name of last owner, mileage, when acquired, cash price,
and
year of first registration. If these requirements are not met you can apply to
have the sale
cancelled or to be compensated for your loss. Check with the office of fair
trading about
the above legislative protection. You should pay the RACV, RAASA, NRMA,
RACQ,
RACWA or similar organisation to test the car. The money spent may well be
worthwhile.
Make
the agreement subject to the car passing the test and get that condition in
writing.
You should test drive the car with the salesman to confirm your satisfaction
with
it.
COMPLAINTS
Complaints
to the Seller. If
you have bought something the first thing to do if you have
a consumer complaint is always to complain to the seller (or hirer or serviceman
as the
case may be). He might agree with your complaint and do something about it. Some
sellers
take faulty goods back as a matter of course because they can pass them on to
the manufacturer.
You
need to complain to the trader to find out exactly what his attitude is to your
complaint.
If he is not going to give you satisfaction it is valuable to know what his
reasons
are before taking further action.
Offices
of Fair Trading are
government offices for handling consumer complaints. They
will give you some general advice over the telephone, but will generally not
take any action
on a complaint unless it is made in writing or in person. If you make a
complaint the
Offices will give you advice or will write on your behalf to the trader
concerned.The Offices
refer many of their complaints to other government bodies to investigate. If
your complaint
is considered to fall within the administration of another department or
authority
(e.g. Health Department, Police) the complaint is referred to it. If the
complaint is
against another department or authority it is referred to the
Ombudsman.
Claims
Tribunal. A
Claims Tribunal (VCAT in Vic) is constituted by a Referee who is authorized
to hear and decide a claim by a consumer who feels that he has been disadvantaged
in a transaction with a trader. The hearing takes place in an informal
atmosphere
in which both sides are heard. No lawyers are allowed unless both sides agree
and
the Referee also approves.The only cost to the consumer is a nominal fee that
must be paid
when a claim is lodged.
Orders
made by the Referee are legally binding and cannot be appealed against. The
Tribunal
can hear cases involving purchases or hire of goods or involving the
performance
of work by a trader. The Referee cannot make an order against a trader for
payment
of more than the limit of the jurisdiction which varies from State to
State.
Australian Civil Liberties Union