Latest update November 15th, 2024 1:00 AM
Non-Perishable items can be returned – CAA
– Businesses providing goods, services must adhere to Consumers’ Act
The Competition and Consumer Affairs Commission says that under the Consumer Affairs Act 2011 (CAA), all enterprises providing goods or services to consumers in Guyana MUST adhere to the CAA.
The Competition and Consumer Affairs Commission (CCAC) noted that it may take corrective action against any enterprise in violation of the CAA. The CCAC is empowered to apply the CAA.
Non- Perishable items
The organisation stated that the reference of “GOODS” is determined to mean “All Non- Perishable Items.”
The consumer has the right to return a good purchased from any store in Guyana no later than seven days from the date of purchase, provided the good is accompanied by the original receipt received at the time of purchase; the good is in its original packaging; the supplier has the right to charge up to a ten percent restocking fee on certain goods and the goods shall be fit for resale at original value.
In addition, if a defect is found by the consumer during usage the supplier MUST: at no cost to the consumer replace the good within 14 days, repair the good or defective part, if the previous is not possible, the consumer shall receive a refund of the entire value. If a supplier contravenes Section 22 of the CAA, he/she commits an offence.
Penalties can be imposed for a breach of any provision of the Act; this may range from $20,000 to $1 million and up to one year imprisonment.
The Bill provides for the promotion and protection of the interests of consumers in relation to the supply of goods and services and renames the Competition Commission as the Competition and Consumer Affairs Commission, which will administer the Competition and Fair Trading Act 2006, as well as the Consumer Affairs Act.
The Competition and Consumer Affairs Commission is empowered, with the approval of the Tourism Minister, to make regulations binding in law, an industry, trade or profession, and all participants into its code. Once this is done, non-compliance by the industry, trade, or profession subject to the regulation, constitutes a breach.
This body will be tasked with monitoring compliance with the law, and carrying out other enforcement activities such as responding to consumers’ complaints and ensuring that adequate information is available so that consumers can make informed choices.
The Bill brings all businesses under tight scrutiny to ensure that they comply with the provisions of the law.
The Bill imposes on suppliers, duties such as giving consumers information about various goods, providing measuring equipment that meet the standards imposed by law for use by consumers when selling goods and services, issuance of receipts and explicit warranties to consumers, compensation for damage, replacement and repairs in the case of defective goods, refunds for goods and services different from those requested, and accuracy with regards to claims for payment and installments by consumers among other duties.
It further establishes safeguards for consumers when entering contracts for goods and services by means of distance communication including electronic means, mail order, and house-to-house selling.
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