Know your Consumer Rights!

Shopping for clothes and gadgets, dining out with your family, and going to a salon to get a new look are fun - but not if you encounter these sticky situations. Here’s how to deal.

While shopping in a store, I turn to a salesperson for help, but she brushes me off brusquely. How do I file a complaint?

“You can talk to the manager or the customer service department,” suggests Angel Pelayo-Ty, assistant secretary of the Department of Trade and Industry–National Capital Region (DTI-NCR). Keep in mind this order: the salesperson’s direct supervisor, and then the manager. Your last resort is to write a letter of complaint to the store and address it to the human resources department. “Doing so will be much appreciated because they form part of the improvement [of services],” Pelayo-Ty says.

When complaining, keep your cool. Pelayo-Ty’s tip: “Be calm, and state matter-of-factly what happened.” Losing your temper will only worsen the problem. “The  reason why some people become very aggressive is because mainit ‘yung ulo ng tao. The clerk feels naaapi, while the shopper thinks, ‘It’s my right. Customer is king,’” she explains. Get what you deserve by being calm and reasonable.

When Ning Chavez*, mom of three, found herself in a similar situation, she decided to spread some good vibes instead. She says, “Instead of being masungit to the saleslady in return, I said to her, ‘Smile. Ang ganda mo pa naman.’ And then I smiled at her. She smiled back at me before I left.”

My son received a new shirt as a gift from his tita, but it doesn't fit him. Could I have it exchanged even without the official receipt?

That depends on the return policy of the store where the shirt was bought, says Pelayo-Ty. According to the Consumer Act, you can have an item exchanged only if it’s damaged or substandard. Since the shirt is alright but just in the wrong size, it’s best to go to the store and talk to the manager about its return policy, which differs from store to store.   

"Before you pay [for the item], the store personnel should ask you if it’s a gift,” says Pelayo-Ty. If it is, they give you a gift receipt. In this scenario, a gift receipt lessens the burden on the receiver. Pelayo-Ty says, “Some find it embarrassing to ask the giver for the official receipt to have the item exchanged.” There’s a problem, though, if you bought the gift from a bazaar. Even if bazaar concessionaires are required to issue official receipts, it has no permanent structure like a typical brick-and-mortar store, she says. It would thus be difficult for the receiver to have the gift item exchanged.

 

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There's a fly in my soup! Can I get a new bowl for free?

 Yes, you can. When you find something that shouldn’t be there - a cockroach leg, a worm, or a hair strand - report it to the manager and ask for a replacement.  

Work-at-home mom Pearl Cervantes, mother to Alexandrina, 1, recounts, “I ate with my family at a Japanese restaurant. Halfway through my ton katsu, I saw a small piece of plastic sticking out [of it]. My husband informed the manager, and she apologized. They also replaced the meal without any question or comment.”

It’s your right as a customer to get the best service you deserve. Pelayo-Ty again stresses the importance of being calm in a situation like this: “Talk to the manager and say what’s wrong. Stay calm all throughout.” Some restaurants just replace the dish with something else of the same value. But Pelayo-Ty gives a disclaimer: “Be practical. Don't expect too much compensation.” If there's a fly in your soup, don't ask for a steak.

That snazzy gadget I just bought turned out to be defective. Can I have it replaced or get a refund?

 Yes. “Every item you purchase has a warranty. As a consumer, you have the right to ask for repair, replacement, or refund - in that particular order,” says Pelayo-Ty. Your first option is repair, which must be done within 30 days (possibly longer in some cases). Second is replacement of the product itself or its parts. And third is refund, which may or may not be 100 percent of the amount you’ve paid for, depending on how long you had been using the item before you discovered its defect. 

The minimum warranty period is six months. However, keep in mind that “there are no hard and fast rules when it comes to warranties, because every item is different from the other,” states Pelayo-Ty. She adds that you can file your complaint within two years after purchase. It’s still good to talk to the store first, but if you’re not satisfied, elevate your complaint to the DTI by filling up an online form. 

My makeover at a salon became a disaster! Can I demand a refund?

 Take two steps back. Did you explain clearly what you wanted? “You cannot expect to get something that you did not define in the first place. However, if you actually brought a picture [of the hairstyle you want], trusted the skill of the [hairstylist], and explained clearly what you wanted [but] that’s not what you got, then you have a reason to complain,” states Pelayo-Ty. 

Laura Atupan-Correa, a former customer service relations trainer, shares this salon horror story: “I wanted to get a perm, but since my hair had been relaxed, I asked the so-called consultant first if getting a perm would be safe. He said yes, kasi mild lang daw 'yung formula, so I trusted him and had it done. The result was horrible! My hair would have put Harry Potter’s broomstick to shame!

“I was so upset. I didn't leave the salon until it offered me a satisfying consolation. I had to come back every day for a week for damage repair - of course, that was free. I was very clear with my questions, and I precisely told them what was previously done to my hair. I had every right to demand that the salon compensate for its shortcomings,” Atupan-Correa concludes.

The bottom line: “Bring a picture of how you want your hair to look, and explain clearly [to the hairstylist] what you want to happen,” Pelayo-Ty proposes. “He's not a mind-reader; he's just skilled at cutting [styling, and treating] hair.”

 

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What exactly is a service charge? If I pay this, is it alright not to give a tip?

 Service charge and tip are two different things. According to Belle Cagadas, marketing manager of Raintree Restaurants, “Service charge is an additional fee on top of the food or beverage cost. Normally, it is charged by a full-service restaurant. The fee ranges from five to 10 percent.” She continues, “A tip is optional for customers. They may opt not to give any tip if they dislike the service given to them.”

Pelayo-Ty adds to what Cagadas says about tips: “A tip is a gratuity. It’s not expected from you. It’s something [given] out of courtesy if you were happy with the service.” She adds, “As a consumer, you should be able to discern whether the trip [to the restaurant] was worth it.”    

“[Meanwhile], service charge is mandatory in some restaurants, and it should be explained to you that it’s an add-on charge.” The rate of the service charge must be indicated on the menu in an easily readable format. If it’s in fine print, “you tell us [DTI],” advises Pelayo-Ty. “All VAT should be inclusive of the price [on the menu].”

Local government taxes (LGTs) are also an additional charge that should be clearly printed on the menu. Prices on the menu are exclusive of LGTs, because different cities charge different rates.

Remember this the next time you dine out: On the menu, prices should already be inclusive of VAT. If you look at the bottom, you should see how much the service charge (if any) and the LGTs are.  “If not, you can complain to DTI, so we’ll call their attention,” Pelayo-Ty assures diners. “Or you can call the attention.

When I use my credit card instead of cash, I sometimes have to pay a higher price. Is something amiss?

 According to Pelayo-Ty, “No extra charge should be added to the price on the tag whether you pay in cash or through your credit card.” There’s only one price for both modes of payment. This one-price-tag rule also means that discounts for items that are on sale apply to both cash and card payments.  

The tag should also reflect the price inclusive of VAT. You don’t have to pay any extra amount for taxes. But don't forget: When you use your card, you do have to pay a higher amount if you pay in installments.Some stores, on the other hand, offer discounts if you pay in cash. This isn’t allowed, says Pelayo-Ty. The price, whether you pay in cash or with your card, should remain the same.

 

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I receive some text messages saying I won this or that promo. How can I tell if it's a hoax?Here’s how to sniff out a fake? 

First, check if the text message has a four-digit access code (not 11 digits like your own cellphone number). This is required by the DTI when companies apply for a permit for text promos. Second, verify the permit number online (dti.gov.ph). Beware: Some fake promos use the permit numbers of valid promos. Third, if you’ve really won more than worth P500 according to the message, expect a telegram validating this. Lastly, think about it: If you haven’t joined any promo or contest, how do you expect to win anything? 

How to complain

 There’s a right way to do it - no hissy fits needed. 

1. Identify the problem. Give all of the pertinent details (i.e. dates, name of the person you’re complaining about, branch location). Say your suggested solution and expected remedy as well. Do you want a refund, a repair, or a replacement?

2. Gather documents. Keep the official receipts, warranty certificates, contracts, repair orders, proofs of purchase, and canceled checks to back up your complaint. Photos can also help you state your case. 

3. Go back to where you made the purchase or availed the service. Talk to the personnel involved and his supervisor or manager calmly. The problem is usually solved after a peaceful discussion.

4. Write a formal letter. If you’re still not satisfied, fill up the consumer complaint form online at dtincr.ph/complaint.php, and then get ready for a mediation conference. A mediator from the consumer protection agency concerned, such as the Food and Drug Administration (FDA), Land Transportation Franchising and Regulatory Board (LTFRB), or Department of Health (DOH), and the National Telecommunications Commission (NTC), will help the company and the consumer arrive at a solution. 

Remember: Speak Up!

Pelayo-Ty gives some surprising statistics: There are 12 million consumers in Metro Manila, but DTI-NCR received only 12,400 complaints in 2009. “Maybe they’re happy with the services they got and the products they bought - or they don't even bother to complain,” she observes.  

“You have to complain because it raises the bar of service and products in the market,” emphasizes Pelayo-Ty. When there's something wrong, don't suffer in silence or air your grievances to anyone but the store or the restaurant itself or the DTI. Your feedback can help improve products and services.

Atupan-Correa agrees: “Being vocal is good. Telling the service personnel their shortcomings and correcting their unpleasant attitude will help them learn to serve you and other customers better the next time around. If you keep silent, they will never know their faults. Thus, they will never improve. Just make sure to be polite, and avoid making a scene.

She concludes, “You have to be vocal and assertive to get what you want. Otherwise, you will just be another one of those sullen and unsatisfied customers.”

Photo by Kanaka Menehune via flickr creative commons