Legal Issue on Contract Law in Malaysia
This is something I like to share with you from one of my seminar
recently. If you find this informative, pls circulate. It was conducted by
A/P Catherine Tay on Legal issues in E-commerce. Notice that most of the
time, the receipt/invoice you received from the merchant carries this
exclusion clause or similarly worded statement: "Goods sold are not
returnable" or "No refund once sold" The thing that I have learnt from her
is that : "As long as your good is purchased for home use and not for
business (ie.to be resold), the above exclusio! n! clause is VOID.
That means, as long as the good is defective, regardless of what is worded,
you CAN get back all your money spent. You do not have to
accept a repair on the good or an exchange. You CAN ask for a refund. AND
you are LEGALLY right and entitled to! What a relevation!! And most of the
time the merchant will refuse to return you your money. Her advice? From her
own experience (and no less than 7 and all successful!), she will threaten
the merchant with four words: "SEE YOU IN COURT!" The court here refers to
the Small Claims Tribunal Court. However, you don't have to tell them what
court! All you have to pay is $10 admin fee and the loser (the merchant)
will have to refund you the money PLUS the admin fee! She shared this with
u! s because she felt that even educated people are cowed by such unfair
wordings (which inc! lude her jaded friends who are not lawyers). Pls try
not to let the merchant fleece you the next time you have a defective good.
Hi All, I know where to file this. On the 16th floor of Putra Place (The
Mall opposite Putra World Trade Centre). The form cost RM5.00. The Tribunal
will settle within 2 months periods.
Tribunal Tuntutan Pengguna Malaysia,
Tingkat 16, Putra Place,
100, Jalan Putra,
50622 KUALA LUMPUR
Tel: 03 - 40492300 / 40424181
Fax: 03 - 40424259
recently. If you find this informative, pls circulate. It was conducted by
A/P Catherine Tay on Legal issues in E-commerce. Notice that most of the
time, the receipt/invoice you received from the merchant carries this
exclusion clause or similarly worded statement: "Goods sold are not
returnable" or "No refund once sold" The thing that I have learnt from her
is that : "As long as your good is purchased for home use and not for
business (ie.to be resold), the above exclusio! n! clause is VOID.
That means, as long as the good is defective, regardless of what is worded,
you CAN get back all your money spent. You do not have to
accept a repair on the good or an exchange. You CAN ask for a refund. AND
you are LEGALLY right and entitled to! What a relevation!! And most of the
time the merchant will refuse to return you your money. Her advice? From her
own experience (and no less than 7 and all successful!), she will threaten
the merchant with four words: "SEE YOU IN COURT!" The court here refers to
the Small Claims Tribunal Court. However, you don't have to tell them what
court! All you have to pay is $10 admin fee and the loser (the merchant)
will have to refund you the money PLUS the admin fee! She shared this with
u! s because she felt that even educated people are cowed by such unfair
wordings (which inc! lude her jaded friends who are not lawyers). Pls try
not to let the merchant fleece you the next time you have a defective good.
Hi All, I know where to file this. On the 16th floor of Putra Place (The
Mall opposite Putra World Trade Centre). The form cost RM5.00. The Tribunal
will settle within 2 months periods.
Tribunal Tuntutan Pengguna Malaysia,
Tingkat 16, Putra Place,
100, Jalan Putra,
50622 KUALA LUMPUR
Tel: 03 - 40492300 / 40424181
Fax: 03 - 40424259
