'Can I get a refund on my damaged pasabuy purchase?'
Every other week, PhilSTAR L!fe addresses a reader's legal problem with help from the awesome lawyers and titas of The Soshal Network through its advice column: Asking for a Friend.
Dear L!fe friend,
I recently bought a pair of designer shoes from an IG "pasabuy" seller but when it got to me, I saw that there were scuff marks on one shoe. The seller said that she ordered the shoes from a reputable store abroad and that's how it was delivered to her. I asked for a refund or at least a "store" credit, but she refused. Is there anything I can do to get my money back?
—Pasabuyer
Dear Pasabuyer,
Ikaw na ang nakaka-LL (luwag-luwag) sa buhay at afford bumili ng designer shoes! Pero based on our understanding of “pasabuy,” the seller is not selling the products to consumers but is actually selling his/her services as a personal shopper. Thus, the seller generally cannot be held accountable for product defects, except in case such defect was due to his/her fault or negligence or the seller made certain representations or warranties regarding his/her services which he/she was unable to perform.
For example, if the seller promised to purchase the product through a physical store where he/she can inspect the product, he/she has breached her obligation by buying the product online. Another example is when he/she promised to obtain the product free from any defect, it thus became his/her obligation to ensure that said product is in “perfect” condition, and to return the same otherwise. If this is the case, aba, 'di naman pwede ‘yan. You may demand for the seller to replace the item or give you a refund. Sapatos ang pinapasabuy mo, hindi problema.
Sa panahon ngayon na pati lovelife sa online na rin mahahanap, ang aming payo—budol responsibly.
Sa panahon ngayon na pati lovelife sa online na rin mahahanap, ang aming payo—budol responsibly. With the growing number of consumers engaging in online shopping, the Department of Trade and Industry advises the public to be wary when purchasing products online and to consider observing the following safety tips:
- Always check the website if it has a Secured Socket Layer Certificate. This protects information (such as credit card number, addresses, and password) sent to the website.
- Take note of the lock icon in the address bar to confirm legitimacy of the website.
- Check the Uniform Resource Locator (URL) at the beginning of the website. When providing your personal address, make sure that the URL starts with https://
- Beware of fake websites called phishing sites. Ask for DTI/SEC Registration o BIR Registration (2003), business permit, sales invoice, and official receipt or FDA license.
- Check for reviews posted by customers.
- Choose cash on delivery (COD) as mode of payment.
Red flags of a fraud online selling store:
- The website that requires your personal information starts with http:// instead of https://
- The seller urges you to deposit immediately before sending the products.
On a final note, magagasgasan din naman ‘yan, friend! Pwera na lang kung ilalagay mo lang sa eskaparate at tititigan. Kung minor gasgas lang naman, ‘wag ka na paka-stress and enjoy your purchase. Sana all may designer shoes!
We hope that we were able to address your concern. Note that this advice is based solely on the facts provided, and our understanding of the same.
Note: The matters expressed above are personal to the authors and do not reflect the views of the office or firms they are connected with.
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