This article aims to create awareness for consumers who receive information on any goods or services by a sales representative who describes the goods or services including the benefits of such goods or services while having a mask on.
The issue is possible miscommunication as the Mask intervenes, in most, if not all cases in any conversation/communication and may alter the original oral wordings or the verb resulting in that word, subject be misunderstood in a way that was not intended.
Mask like it or not, is an intervener between the communication and conversation of two or more persons.
No. 1 – Be smart when you discuss whether to purchase goods or services with the sales representative
Remember that under the Australian Consumer Law (ACL) provisions, you may have a remedy if you are told information about goods or services that are false or misleading. The difficulty comes when you try to establish an explanation given by a sales representative without a mask while presenting it to you, versus when you hear the explanation from the representative while having a mask on his or her face. For instance, representations such as, what can be covered under a warranty, how long the warranty covers the product in question, the refund process, and so forth.
If a dispute arises as to what was said by the sales representative, and what wasn’t, unless there are additional steps taken to disprove the sales representative’s claim that this was not presented to the consumer or it was not intended, it is quite challenging to prove misrepresentation. It is also an established legal principle known in Latin as Caveat emptor (the buyer beware) which means you as the purchaser need to beware – for instance – in practical terms it means, ask a lot of questions from the sales representative about the quality of the goods, its origin, its warranty and so forth prior to purchasing it to ensure you are making an informed decision.
No. 2 – What steps do I need to take following my discussion with my sales representative?
Always remember to follow up with written email correspondence and confirm what you discussed with the sales representative. Don’t leave this correspondence to sit for a few days. It is recommended that you do this immediately following your discussions with the sales representative either the same day or the next and prior to purchasing the goods or service.
The email should be concise and direct to the point. It needs, at minimum, to include 4 facts namely:
(1) The date and place where your negotiation took place with the sales representative;
(2) The subject of the discussion and identify whom you spoke to;
(3) What you were told during that discussion; and
(4) Ask the person to whom you address the correspondence a direct question of whether your understanding of the subject and the discussion was correct and if so for him or her to confirm or correct it if need be.
Make it clear that if you did not hear from the person within the next 3 business days, you will assume that the information discussed was correct and that you will act upon the representation made to you.
No. 3 – Never presume
When you desire to purchase goods or services, never assume that your understanding of a conversation that is taking place is the same as the person with whom you have the conversation. Never assume that the representative will remember every word they expressed to you or you did to him/her. It is recommended that you document your communication with the representative and follow up with step No 2 above.
No. 4 – Always seek legal advice to manage unintended consequences
It is no brainer that an unintended consequence should be managed at its early stage to avoid unnecessary hassles to both parties and costs escalation. When you deal with a matter of a complex nature, because you are involved in the matter, your emotions can overcome arriving at the right decision necessary to address the matter and protecting the best outcome for you in a timely fashion. Therefore, seek proper legal advice and let your lawyer advocate on your behalf, and advance your case in your best interests. Remember most representatives work for businesses that are professionally insured and they often seek and receive legal advice on daily issues they face while operating their business. The question is though – in the circumstances – are you equally advised of your rights and remedy(s) you may be entitled to according to law?
For advice or assistance with all consumer law matters and the latest update contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217
Article Source: Consumer Law Matters
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