Friday, November 05, 2010

(LUSAKATIMES) ZCC bans ‘no return, no refund’ displays

ZCC bans ‘no return, no refund’ displays
Friday, November 5, 2010, 8:38

THE Zambia Competition Commission (ZCC) has said the new Competition and Consumer Protection Act (CCPC) makes it a punishable offence to display disclaimers such as ‘No Return, No Refund’ in trading places. The CCPC Act No .24 of 2010, which is yet to be operational, prohibits such disclaimers which consumers have complained about.

“Zambia is one of the countries that have a lot of defective products on its market and it has been unfair for traders to deny consumers refunds or exchange even for defective products,” she said.ZCC public relations officer, Vaida Bunda said Section 48 (1) of the Act states that “an owner or occupier of a shop or other trading premises shall not cause to be displayed any sign or notice that purports to disclaim any liability or deny any right that a consumer has under the Act or any other written law.”

In a statement in Lusaka yesterday, Ms Bunda said the commission had within the mandate of the current Act been unable to prevent traders from displaying such disclaimers even where the goods sold were of questionable quality as the law was reactive.

“Zambia is one of the countries that have a lot of defective products on its market and it has been unfair for traders to deny consumers refunds or exchange even for defective products,” she said.

The new law, she said, was more proactive and would make it easier for the commission to handle cases of defective products because traders would be expressly prohibited to display the disclaimers.

The CCPA also makes it a punishable offence to display such disclaimers. The Act states that the person who or an enterprise which contravenes subsection (1) was liable to pay the commission a fine not exceeding 10 per cent of that person’s or enterprise’s annual turnover.

[Times of Zambia]


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