Consumer Protection is very weak in Thailand and this humourous story explains why

(photo credit. Kenya’s Home Bay)

SAD FARTS; but not in Thailand, it would seem.

Most countries have reasonable consumer protection laws. In the UK, for example, the Sale of Goods Act 1979 protects against shoddy quality. The Consumer Rights Act (CRA) of 2015 and effective from 1 October 2015 is a tidying-up piece of legislation consolidating the protections of the 1979 Act, including now mentioning digital products such as music, films, and books.

Remember the mnemonic: SAD FART

Satisfactory quality

As

Described

Fit for purpose

And

Reasonable length of

Time.

“Satisfactory quality” must be as described and be the same as those shown on display. The product specifications and descriptions must be consistent with any display advertising or brochure.  

“Fit for purpose” has been defined by the courts as being capable of giving the customer what he has been led to expect from the retailer. He is entitled to receive the benefits of the purchase advertised by the retailer.

“Reasonable time” is usually taken to be 3 to 4 weeks but the Statute of Limitations allows up to 6 years in England and Wales, and 5 years in Scotland.

The Supply of Goods Bought on Hire Purchase (Implied Terms) Act 1973 made no mention of consumer protections. The Consumer Contracts Regulations 2013 clarified that the protections offered by the 1979 and 2015 will, from then on, apply to H.P. contracts.  The Act also confirmed that protection is afforded when goods are bought outside the seller’s premises or online.

Remember that buying on a credit card makes both the credit card company and the retailer liable for breaches of the Acts, and it’s easier and quicker to get any refund from a credit card company. The retailer may, for example have gone bust during the lengthy procedures of making a claim. However, in Thailand retailers insert a clause on the slip you sign confirming the transaction which states. “NO REFUND”.

Remember too that your claim is against the retailer or seller and not the manufacturer.

If not refunded, the buyer can force the retailer to repair or replace

Shops everywhere in the world will still try to fob you off.

Thailand is different. Regulations are difficult to enforce, court processes are slow, and your supplier may be a company with power and contacts. Thais anyway do not like confrontations. You may have to smile and walk away.

Sorry, no sad farts in Thailand.