Introduction
The development of consumer protection owes its roots in the principle of caveat emptor let the buyer beware. In ideal society where buyers and sellers are all scrupulously honest, it would be the responsibility of both parties to ensure that the contract of sale/purchase and the product/service meets the requirement. Society is, however, by no means perfect, and there exist less than honest parties both in terms of sellers and buyers. It is for this reason that mechanisms, laws and regulations have developed in order to provide a channel through which grievance can be resolved, and orderly market place maintained.
In addition to the mechanisms through which complaints can be made and resolved, there are also other self-defense, or common sense mechanism for both buyers and sellers:
Self defense for consumers:
Avoid impulse buying. This can lead to wrong purchase decisions.
Dont be put by high pressure sales techniques, or feel obligated to purchase because a salesman has invested a lot of time with you that is his job, its your job to make sure that what hes selling is what you want, and that you are really ready to part with your money.
It pays to shop around, but also remember that its not only in the price, there are also other issues such as after service, availability of parts, reputation of the agent etc.
Avoid unsolicited calls or door salesman. You may never see them again after youve parted with your money. At the very least ask to see a CPR card and business card before you let any one in through the door. If any doubt ask them to come back again some other time, and in the meantime check with the Consumer Protection Directorate.
If you are being invited to purchase a service of some kind, particularly if substantial money is involved, get two other quotes, and ask for a list of satisfied customers before you make a decision. Again check on the legitimacy of the company by checking with the Consumer Protection Directorate.
Never sign a blank form or contract, and make sure you read all the terms and conditions, particularly the small print, if you do not understand any point, call the Consumer Protection Society, ask a lawyer or, check with the Consumer Protection Directorate for assistance.
Make sure you understand the total price that you are being asked to pay, particularly if credit is offered you will also need to know the total price including interest charges.
Wherever a contract for supply of goods or service is time critical, make sure that the required by date is written in the agreement and that the importance of delivery by that date is understood.
If you can avoid doing so, do not pay any amount in advance. But if this is required try to pay credit card as this offers some protection if things go wrong. If you are paying by cash insist on a receipt.
Always retain your receipt or proof of purchase, this might be required if you have to return the product.
Remember also that contract does not necessarily have to be in writing, even a verbal agreement may be enforceable, so be very careful what you agree to.
There are number of principles which underline rights:
Quality: apart from the requirement that goods must meet any specific standards established for that category of product or service, goods must in any event be suitable for the purpose for which they are being sold. Quality covers the appearance and finish of the product, their safety, fitness for purpose, durability and that are free from defects, unless when minor defects have been brought to your attention and have agreed to them.
Description: the goods should match the description given to them. This would include descriptions given on the item, the packaging or simply the description or information which you give verbally to the salesman.
Fit for purpose: the goods must meet the requirements which you have asked for and the salesman has agreed that the goods will meet those requirements. If for example you have asked for a product for the purpose of mixing dough, and the salesman offers you a washing machine claiming that this will meet your requirements of Description have not been met.
Guarantees/Warranties: if the manufacturer of a product offers a guarantee, then that guarantee enforceable. Dont be put off by the salesman saying that the guarantee does not apply in Bahrain, or that this is the responsibility of the manufacturer. It is the business which sold you the product that is responsible for correcting any defect.
If you have a problem, and your purchase does meet any of these conditions, take it back immediately, or as soon as is possible, and the item, if you hang on to it for any time then the seller may be able to successfully argue that you have accepted the product. If it is clear the item is faulty then you can demand your money back. If you actually accept the goods, and this maybe implied if you do not immediately return them, then you may be entitled only to repair or replacement.
Services: It is not only products which carry consumer rights, also the provision of services should comply with the same basic value principles. If the service does not match with the description/quality/delivery and price which was agreed, then you have the right to seek a correction for your grievance.
The service should conform to the description of the service which was contracted. Work must be completed with reasonable skill and care, and the materials used should be fit for purpose and of satisfactory quality.
The delivery of the service should be completed within a reasonable time, even if no delivery time was specified.
The price charged should be as agreed.
Many Government Ministries and Departments provide service level commitments, so if you do not get your service or response within the time frame, you have the right to make a complaint.
what to do if you have a complaint
You will be on much firmer ground if you know your rights, so check with the Consumer Association or the Directorate of Consumer Protection, or check with your lawyer.
If you have a genuine grievance, then do not delay in making your complaint as this may provide the supplier with ground to reject your complaint.
In most cases the seller of the product/service will be only too happy to deal with your complaint. But you should know exactly what it is that you want, be reasonable and be prepared to accept a reasonable compromise.
Attitude and body language play an important part in getting complaints dealt with. You should always be polite, but at the same time firm and make your complaint calmly to a person in authority.
Its important to catalog the events and responses until you get satisfaction- and again to re-emphasize that you must make sure that you have your proof of purchase, invoices, receipts and any other documents, including guarantees.
Follow up your complaint visit in writing, either to thank the store when the matter has been settled, or to have a record if you have not received satisfaction. State a reasonable period in which the issue should be settled.
If you have not got any response within a reasonable time, or not received the satisfaction which you believe is reasonable, then notify the Consumer Protection Directorate. Please complete the Complaints Form available on the web site.
Your ultimate defense is to seek redress through the courts.
Consumer Protection Complaints Form