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RFBT > Quiz 1 > Flashcards

Quiz 1 Flashcards

1
Q

Citation of Price Tag Act/Consumer Act

A

RA 7394

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2
Q

Citation of Lemon Law

A

RA 10642

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3
Q

Helps to make sure that customers are AWARE of what they are buying, such as the ingredients in food, that advertising is fair and does not mislead, that debt collection is fair….

A

Consumer law

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4
Q

8 basic rights of consumers

A

Right to Basic needs
Right to Safety
Right to information
Right to choose
Right to Representation
Right to Redress
Right to Consumer education
Right to a healthy environment

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5
Q

Consumer right that guaranteed survival, adequate food, clothing, shelter, health care, education and sanitation

A

Right to basic needs (prioritize your needs, know your needs and wants, quantity over quality, quality conscious not brand conscious)

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6
Q

Consumer right to br protected against the marketing of goods or provision of services thag are hazardous to health and life

A

Right to safety (expiration date, warning, FDA-approved)

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7
Q

Consumer right to be protected against dishonest or misleading advertising and labeling

A

Right to information (read the label, call DTI Direct, ask the concerned agency, look for the manufacturer’s name and address)

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8
Q

Consumer right to choose products at competitive prices with an assurance of satisfactory quality

A

Right to choose (generic vs. branded, canvass before buying, if there is product testers use it)

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9
Q

Consumer right to express interests in making and execution of government policies

A

Right to representation (take time to attend public hearings and consultations, be observant as to how consumer laws are being implemented in your area)

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10
Q

Consumer right to br compensated for misrepresentation, shoddy goods or unsatisfactory services

A

Right to redress (you have the right to 3RS, be sure to attend mediation conference)

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11
Q

3RS under redress

A

Repair, Replace, Refund

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12
Q

You are entitled to 3Rs if something you bought: (4)

A

Is defective and you were not aware of it

Was not as described on the box

Does not match the sample shown

Does not do the job you were led to believe it would do

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13
Q

Is no return, no exchange policy prohibited?

A

Yes

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14
Q

Business can refuse to givr a refund if: (4)

A

You cant prove that you bought it

You changed your mind about it

You have damaged it

You should have known about the fault when you bought it

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15
Q

Consumer right to acquire knowledge and skills necessary to be an informed consumer

A

Right tk consumer education (read, listen, watch, involve yourself)

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16
Q

Right to live and work in an ENVIRONMENT which is non-threathening to the well-being of present and future generation

A

Right to consumer education

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17
Q

Legal basis of RA 7394

A

The State shall PROTECT CONSUMERS from trade malpractice and from substandard or hazardous products

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18
Q

Consumer Act took effect on

A

July 15, 1992

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19
Q

Basic policy of consumer act

A

Protect the interest of the consumer and promote general welfare

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20
Q

Objectives of consumer act (5)

A

Protection against hazards to health and safety

Protection against deceptive, unfair and unconscionable sales

Provision of information and education for sound choice by consumers

Provision of adequate rights anf means of redress

Representation of consumers in socisl and economic policy formulatiob

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21
Q

Implementing agencies

A

Department of Trade and Industry, Department of Agriculture, Department of Health, Department of Education, & Local Government Units

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22
Q

Quality and safety and labelling and packaging of agricultural products

A

Department of agriculture

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23
Q

Labelling and packaging, advertising, and sales promotion of food, drugs, cosmetics

A

Department of Health

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24
Q

Consumer education and info in the curriculum

A

Department of Education

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25
Q

Weights and measures, regulation of preparation and sale of meat, fresh fruits, poultry, milk, fish, vegetables

A

Local Government Units

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26
Q

an act or practice is deemed deceptive “whenever the producer, manufacturer, supplie or seller, THROUGH CONCEALMENT, FALSE REPRESENTATION OF FRAUDULENT MANIPULATION, induces a consumer to enter into a sales or lease contract transaction of any consumer product or service

A

True

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27
Q

How many deceptive act are they

A

10

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28
Q

Inducing a consumer to enter into sales, lease or avail of services

A

Deceptive sales acts

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29
Q

Forms of deception (4)

A

Product has the sponsporship or approval of body it does not have

It has the performance, characteristics, ingredients, users or benefits it does not have

Product/service is of a particular standard, quailty, GRADE, STYLE OR MODEDL when in fact it is not

It is new, original or unused when in fact it is deteriorated, altered, reclaimed or second hand state

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30
Q

8 pointer test that answers one or more no

A

Pyramid scheme

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31
Q

Pyramid scheme or

A

Chain distribution plan

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32
Q

Pyramid scheme

A

Is there a product?

Is the intent to sell a product not a position?

Is there a resonable return policy?

Do products have the fair market value

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33
Q

If the questions is all YES

A

Legitimate comopany

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34
Q

It is committed whenever the producer, manufacturer or distributor, supplier or seller, by TAKING ADVANTAGE of the consumer’s physical or mental infirmity, ignorancr, illiteracy, lack of time or the general conditions of the environment

A

Unfair sales

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35
Q

Transaction is grossly inimical to consumer

One sided, in favor of manufacturer, seller or supplier

Consumer was UNABLE to receive substantial benefit from the transaction

Seller WAS AWARE that there was no reasonable probability of payment of the obligation in full by consumer

Price is grossly exceeded

A

Unfair sales

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36
Q

No more expiry date for giftcheck policy

A

True

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37
Q

Contract whether EXPRESS OR IMPLIED between the buyer and seller of a consumer product concerning rights and obligations of both parties

A

Warranty

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38
Q

Primary law governing all contract of sales with conditions and warranties

A

Civil Code provisions on sale with warranties

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39
Q

Express warranty is OPERATIVE FROM THE MOMENT OF SALE

A

True

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40
Q

Period of express warranty

A

within 30 days

Failure to make report RELIEVES the manufacturer, producer, or importer of the liability under the warranty and the DISTRIBUTOR is PERSONALLY LIABLE UNDER THE WARRANTY

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41
Q

Under the warranty in case of failure of both manufacturer and distributor to honor the warranty, the retailer is

A

Subsidiarily liable

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42
Q

Purchaser needs ONLY to present

A

Warranty card or official receiptd along with the product to be serviced or returned

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43
Q

Written warranty is required to clearly and conspicuously designate such warranty

A

Designation of warranty (full and limited warranty)

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44
Q

Written warranty meets the MINIMUM REQUIREMENTS

A

Full warranty

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45
Q

Written warranty does not meet such minimum requirements

A

Limited warranty

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46
Q

To conform with the requirements, following should be found in a full warranty

A

remedy or relief, refund or replacement

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47
Q

To meet the minimum standards for warranty:

A

Remedy, refund or replacement

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48
Q

Such consumer product within a reasonable time and without charge in case of defect, malfunction or failure to conform such warranty

A

Remedy

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49
Q

Permit the consumer to elect whether to ask for _____ or _____ without charge where after reasonable number of attempts to remedy the defect or malfunction, the product continues to have defect

A

Refund or replacement

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50
Q

Exemption to the remedy, refund or replace

A

If the warrantor can show that the defect WAS CAUSED BY DAMAGE DUE TO UNREASONABLE USE

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51
Q

Seller and consumer may stipulate the period within which EXPRESS WARRANTY is enforceable

A

True

52
Q

If implied warranty on merchantability accompanies an express warranty both will be of

A

Equal duration

53
Q

Duration of implied warranty

A

Not less than 60 days nor more than 1 yr

54
Q

In case of breach of warranty the consumer may elect to have the goods (2)

A

repaired or refund the purchase price

55
Q

Repair period

A

within 30 days by either the warrantor or his representative

56
Q

In case of refund in breach of warranty

A

It is to be DEDUCTED

57
Q

Options given to consumer in case breach of an EXPRESS WARRANTY

A

Repaired (within 30 days), Replaced, Refund

58
Q

Options given to consumer in case of breach of IMPLIED WARRANTY

A

Retain, Reject, Refund

59
Q

Responsbilities of the seller as to quality or fitnesd in case there is no express warranty given to him

A

Seller is liable to the buyer an IMPLIED WARRANTY

60
Q

Seller warrants the general fitness or quality of the product sold to the buyer

A

True

61
Q

Provisions of the rules on warranty DO NOT APPLY to professional services rendered by CPA, architects, engineers, lawyers

A

True

62
Q

Period of guaranty of service firms

A

Not less than 90 days

63
Q

Instances where seller may not be liable in case of defects (2)

A

Patent defects & clearly visible upon inspection of the product bought

64
Q

Prohibited acts (4)

A

Refusal to without any valid legal cause

Unreasonable delay

Removal

Any false representation in an advertisement

65
Q

Labels should be (2)

A

Conspicuous & easily understandable under customary conditions of use

66
Q

Principal display panel of the label should contain (4)

A

Brand name of the product, active ingredients, weight, net quantity or size

67
Q

Labelling requirements (8)

A

Warranty of the manufacturer

Weight content prior to packaging

Consumer complaint desk address

Required information of consumption during safety

68
Q

No return no change policy is prohibited because

A

It is DECEPTIVE

69
Q

Reasons why “no return, no change policy” is deceptive (2)

A

Creates misconception that consumers don’t have the right to (1) return defective goods (2) demand for remedies in case of defective service

70
Q

Can business establishment still issue official receipts with “no return, no change policy”

A

No

71
Q

If an item bought from a store turns out to be more expensivr than a similar item in other store, can the consumer return the item and ask for refund

A

No

72
Q

Can a store exercise only a policy of exchangr but not refund

A

No

73
Q

Is there a time limit within which a buyer may return defective products

A

There is no hard and fast rule

74
Q

Can a buyer return defective goods without official receipts

A

Yes, provided he can prove that it eas bought from a certain store

75
Q

What should the consumer do in case of violation

A

File a complaint with DTI

76
Q

Where should the complaint be filed

A

All complaints should be addressed to the provincial office of DTI

77
Q

Remedies for quality imperfection

A

Replacement, reimbursement, reduction

78
Q

Remedies for quantity imperfection

A

Replacement or immediate reimbursement

79
Q

Aims to protect consumers against hazards to health and safety, protect consumers against deceptive, unfair and unconscionable sales

A

RA 7394

80
Q

Label attached to a commodity stating the price

A

Price tag

81
Q

Why is there a need of price tag (2)

A

Provide buyers adequate information and to discourage and minimize haggling

82
Q

Ensures the reasonableness of prices of basic necessities and prime commodities

A

DTI

83
Q

Consumer products shall not be sold at price higher than the pricr stated in the price tag

A

True

84
Q

General requirement of Price Tag Law (2)

A

All consumer products sold in retail shall have an appropriate price tag label

Consumer products shall not be sold at price higher than the price stated in the price tag

85
Q

Exception of Price Tag Law (3)

A

Tiny articles, perishable products, nature of the product makes it impractical

86
Q

Characteristics of Price Tag Law (3)

A

Clearly written, state the price of the commodity per unit or in pesos, and no erasures

87
Q

Every retailer is required to DISPLAY A PRICE TAG TO INDICATE THE PRICE

A

True

88
Q

Erasures/alterations in price tag is allowed when

A

Only in sales promotion campaigns

89
Q

Gr: Use of codes in price tags is not allowed

A

Exc: if the codes are used IN ADDITION to price tags & used in COMBINATION WITH SHELF PRICING

90
Q

Requirements for establishments intending to use codes in combination with shelf pricing

A

Establishment use itemized receipt, install at least one Price Verification Counter, when consumer pays in cash he shall pay only the price indicatef in the price tag

91
Q

When is price tag list not allowed

A

When customer product is too small or the nature of which makes it impractical

92
Q

Price tag list is not allowed when

A

Product is too small or the nature of which makes it impractical

93
Q

Is price tag required on samples or dummies on display

A

Yes

94
Q

Is price tag required for lumber

A

Yes

95
Q

Promote full protection to the rights of consumers in the sale of motor vehicles against abuses and trade practices which are deceptive

A

Philippine Lemon Law

96
Q

Strengthens consumer protection in relation to the purchase of brand new motor vehicles

A

Philippine Lemon Law

97
Q

Philippine Lemon Law took effect on

A

August 07, 2014

98
Q

A newly purchased vehicle bought from an authorized dealership in the Ph

A

lemon car

99
Q

Within the first 12 months and that car has gross defects and if all FOUR REPAIR ATTEMPTS have not worked it is considered

A

Lemon car

100
Q

Requisites of Lemon Law

A

Brand new motor vehicles purchased in Ph

Reported by a consumer to be in nonconformity

Within 12 months from the date of original delivery to the consumer, or up to 20,000 km. of operation after such delivery, whichever comes first

101
Q

Exc. of Lemon Law (4)

A

Non-compliance of obligation under the warranty

Unauthorized modifications

Abuse or neglect of the BNMV

Damage to vehicle due to accident

102
Q

BNMV is: (4)

A

New parts

Covered by manufacturer’s express warranty

Has never been sold or registered

Has never been operated

103
Q

Motor vehicles refer to: (8)

A

Sedan
Coupes
Station wagons
Convertibles
Pick-ups
Vans
Sport Utility Vehicles
Asian Utility Vehicles

104
Q

Excluded in motor vehicles

A

Motorcycles
Buses
Sprinklers
Bulldozer
Grader
Forklift
Crane
Tractor
Amphibian truck
Trailers

105
Q

Any defect or condition that substantially impairs the use, value or safety

A

Nonconformity

106
Q

Lemon law prevents BNMV from conforming to the manufacturer’s or distributor’s standards which CANNOT BE REPAIRED

A

True

107
Q

Standards or specifications of BNMV

A

Manufacturer’s manual
Owner’s manual
Motor vehicle specification

108
Q

BNMV period

A

Within 12 months or up to 20,000 km whichever comes first

109
Q

Within 12 months or up to 20,000 km whichever comes first, EXC (4)

A

Noncompliance, modifications not authorized, abuse ot neglect, accident man-made

110
Q

Usage not according to

A

Abuse

111
Q

Improper and regular maintenance

A

Neglect

112
Q

How does Lemon Law works

A

Bring your BNMV to the dealer right away if you detect some problem

113
Q

Steps in repair attempts and Lemon Law rights availment

A

4 separate repair attempts

Consumer’s written notice of availment of Lemon Law rights

Documentary requirements to invoke Lemon Law rights

Repair attempt process

Final repair attempt

Filing of complaint before the DTI

114
Q

Documentary requirements

A

Warranty booklet, notice of availment, current MV registration

115
Q

Repair attempt shall be composed from delivery of MV to the dealer

A

within 15 days

116
Q

Compensation for the customer during the unit repair (2)

A

Daily transportation allowance OR service vehicle

117
Q

Incomplete repair attributable to the dealer is treated as ONE REPAIR ATTEMPT

A

True

118
Q

Dispute resolution mechanism (2)

A

Mediation & Adjudication

119
Q

Period of mediation; period of adjudication

A

10 days; 20 days

120
Q

Remedies in adjudication (2)

A

Replacement & Accept the return

121
Q

Escrow

A

Deposit 10,000

122
Q

Can the dealer resell non-defective units if returned

A

Yes, provided that the buyer knows the history, if not, dealer will be liable to 100,000 damages

123
Q

Disclosure or resale (3)

A

Motor vehicle was returned to the manufacturer

Nature of non-conformity

Condition

124
Q

Penalty on non-dislosure sale

A

Minimum amount of 100,000 damages without prejudice to any civil/criminal liability

125
Q

Other related laws

A

Food Safety Act (RA 10611)
Gift Check Policy
Senior Citizens’ Discount

RFBT (1 decks)

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