Business

Is prohibition of disclaimer fair to traders

CCPC CONSUMER ADVICE CORNER
Hello CCPC,
Am very impressed with the way you respond to questions that we ask on your facebook page. I have been asking so many questions and I have found the page to be very useful in sharing information and exchanging views and idea. Am just finding out….is the prohibition of declaimers fair on traders? – JT
Hello JT,
Hope you are fine. We are grateful to hear those kind words from you. The Competition and Consumer Protection Commission (CCPC) created this page so that we could interact with members of the public and stakeholders, who are consumers as well as traders.
What we want is to ensure that we create a platform where members of the public can interact with CCPC by asking questions on what they encounter on a daily basis when they buy consumer goods and services.
Equally, this platform is aimed at ensuring that traders or service providers interact with us without problems on a day-to-day experience as they conduct their business.
Allow us to address the question of whether prohibition of disclaimers is fair or unfair to the traders. A disclaimer in itself is not an offense but, a disclaimer which takes away the rights of as consumer is the one which is illegal. For instance, disclaimer such as ‘No refund, No return, No exchange’ are illegal disclaimers.
This is because they take away consumer’s rights. However, there are disclaimers which are qualified like “No refund where a customer negligently handles a product causing a malfunction”. Such a disclaimer is permissible. Our experience in Zambia however, has been disclaimers which take away the rights of a consumer such that there is no reasonableness to the disclaimer.
Therefore, depending on what the disclaimer talks about, it could be prohibited or permissible. So it is on a case by case basis. Thanks for your question.
Please e-mail us on: zcomp@ccpc.org.zm, h.chaaba@ccpc.org.zm. Visit our Facebook page:www.facebook.com/Competition-and-Consumer-Protection –Commission-Zambia or Follow us on Twitter @ CompComZambia. We are at 4th Floor Main Post Office Building, P.O. Box 34919, Lusaka. Telephone: 222775/222787, Toll-Free line: 5678 across all mobile phone networks.

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