The rights the law gives consumers always apply and cannot be taken away by anyone. Therefore, if we are legally entitled to a solution or remedy, no company policy can diminish or take this away.

Yet consumers still find themselves in situations whereby companies say the consumers’ rights are not valid because of a term in the sales contract that says so.

These terms could include: “We do not provide refunds” or “We are not responsible if the product stops functioning”. When there are such clauses in the contract we sign, and therefore are accepting, the contract should also clearly tell us that “our statutory rights are not affected”.

This proves that in situations where our legal rights apply, it is the law that counts and not the written contract terms.

Companies sometimes include such terms in contracts, hoping consumers would abide by them no matter what when a problem crops up, and also to prevent consumers from making a claim.

However, what companies should be aware of is that Part VI of the Consumer Affairs Act, namely the Unfair Contract Terms section, specifically prohibits contract terms that try to diminish consumer rights. Even if signed by consumers, contracts with these kind of unfair terms are not legally binding and cannot be enforced.