Your Fault Or Mine?

But the disaster never happened. Instead, the store manager acknowledged that it was most likely ruined thanks to mishandling and agreed to send it back to be re-cleaned in case it was fixable. When that didn’t work, she cut me a cheque on the spot for the cost of the dress I purchased to replace it.

It was a customer service dream! A Bermudian store going the extra mile for a customer to the point of exceeding my expectations. Was this a one-off? In my experience, no.

In the last few months, I’ve also had a clothes store owner personally phone to apologize after a store clerk refused my three-year-old son entry to a bathroom in an emergency. I bought a bike and not only was my first maintenance check free but they provide a shuttle service to drive me to work afterwards. When my son was featured in a local calendar (we thought as a volunteer stint), the retailer not only gave us a cheque for his services but a very generous voucher for their products! The list goes on.

So, the question then is, how is it that 60 new cases were filed with our office in January alone seeking assistance with consumer complaints?

In the majority of cases, the answer is that consumers have some serious responsibilities and don’t realize it. Every single time we purchase a product or hire a service we are entering into a contract, without having a lawyer present! On the other hand, retailers and service providers do look at sales transactions as contracts and treat them accordingly, ensuring that liability waivers are signed, contracts are reviewed by lawyers, and store policies dictate their responsibilities to the consumer. This unequal approach to consumer transactions is a recipe ripe for disaster.

The only way that you can avoid catastrophe is to remember this: whether you are purchasing a toaster or a car, buying a gym membership, getting your teeth fixed, or buying home insurance, the minute you agree to a transaction you are entering into a contract with the retailer or service provider. Ensure that you agree to the terms of the contract by doing your research before buying.

For instance, consider these questions before buying: have I thoroughly researched the product to ensure it is of good quality and suitable to Bermuda? Have I got a second opinion or an inspection by a professional? Is the cost of the product and its maintenance fair? Have I inquired as to the store policies on returns, warranties, and repairs? Do I understand that if I change my mind about the product the store isn’t necessarily obligated to take it back? Do I understand my obligations for payment and for servicing? Have I filed my paperwork?

In the case of a service provider, have I ensured they have a good reputation and solid references? Is the cost of the service fair? Have I taken the time to think before agreeing to anything? Have I gotten a quote for the service? Have I read and understood the contract fully, including the small print, assuming the worst will happen to ensure I’m protected, and that all promises are in writing? If I felt pressured or was asked for a substantial amount of money upfront do I know to just walk away? Have I filed my paperwork?

The fact is that problems do happen and you may one day need the assistance of Consumer Affairs in mediating a dispute or enforcing a retailer’s responsibilities under the law. But until that day comes (and let’s hope it doesn’t), protect yourself and the money you work so hard for.