Due to the volume of online orders this Christmas season, it is inevitable that purchased gifts will not arrive on time or be damaged. What are the rights of buyers in such incidents?
In Kapuso sa Batas sa “Unang Hirit,” Atty. Gaby Concepcion explained that whoever has an obligation to ensure delivery should be responsible for the delay in goods and services.
In addition to being on time, the purchased item must also be in good condition or not broken or damaged.
If the seller is established or known, their responsibility should be clearly stated in the contract or web page, or site.
The Department of Trade and Industry, Department of Health and Department of Agriculture previously issued a joint circular urging e-sellers to clearly state all terms and conditions of sales and purchases, delivery restrictions, exchange policies, cancellations and refunds so that the consumer can make an informed purchase.
If there is a fortuitous event or an unexpected event such as a flood, or strike or the Bureau of Customs prevented it, and the seller or shipper is not at fault, the seller or shipper must be held responsible.
Customers can complain against delayed, damaged orders
If the seller and the deliverer are both known to be at fault, the seller will go after the deliverer.
If the consumer has paid for the item, but the package is lost, he can ask for reimbursement because the rights of an online buyer are the same as those of a buyer who shopped in a physical store.
Refunds should only be made if the item has been paid for, with the seller being responsible if an item is lost.
If the orders are lost before it arrives at the buyer, the owner, who is the seller is responsible because “ownership passes upon delivery.”
In January, Senate Bill No. 2302, also known as An Act Providing Measures to Protect Individuals Engaged in Food, Grocery, and Pharmacy Delivery Services, was approved by the Senate today on its third and final reading.
The law also attempts to criminalize false delivery bookings in order to protect the general public from them.
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