WHO ARE WE

The Consumer Council of Fiji (CCoF) is an independent statutory body established under the Consumer Council of Fiji Act -1976 (Cap 235). The Council, as a watchdog protects the rights and interests of consumers by promoting a fair and just delivery of goods and services.

The Consumer Council is primarily an advocacy organization, conducting rigorous research and policy analysis on key consumer issues. CCoF’s insight into consumer need is a powerful tool for influencing decision-makers to bring about change. The Council protects the vulnerable groups such as rural poor, physically and mentally challenged, children and women by identifying and articulating the policy issues that are of importance to the consumers.

OUR VISION

Empowering Consumers.

OUR MISSION

The trusted go-to consumer movement, which enhances consumer welfare and stakeholder engagement to influence policy decision making.

WHAT DO WE DO?

The Council is committed to achieving positive change for consumers.

As a small organization with limited resources, the Council plays an active role as a catalyst and facilitator for positive change in the marketplace in a professional, impartial and ethical manner. The Council independently represents the voice of all consumers in Fiji
through advocacy, independent submissions, mounting campaigns and engaging with multisectoral partners. Key areas include:

Advocacy and education.
Market surveillance and trader visit;
Research and policy analysis; and
lobbying for policy changes.

OUR VALUES

C – We have the utmost CARE for consumers’ views, expressions and their right to protection.

A – We are ACCOUNTABLE to all stakeholders and our vision and mission.

R – We are committed to strengthening our RELATIONSHIP with our stakeholders.

E – We strive for EXCELLENCE in all aspects of our work.

OUR PRINCIPLES

Campaign fearlessly to change the policies and practices that adversely affect consumer interests; Maintain a highly disciplined result-oriented focus that maximizes impact for consumers; Maintain objectivity in resolving consumer complaints without fear or favor; and Build a strong financial management and sound operating procedures.

ABOUT THE CONSUMER COUNCIL

The Consumer Council of Fiji (CCF) is a statutory body established under the Consumer Council Act (Cap 235). The Council, as a watchdog protects the rights and interests of consumers by promoting a fair and just delivery of goods and services. First and foremost, the Consumer Council is an advocacy organization, conducting rigorous research and policy analysis on key consumer issues. CCF’s insight into consumer need is a powerful tool for influencing decision-makers to bring about change. The Council protects the vulnerable groups such as rural poor, physically and mentally challenged, children and women by identifying and articulating the policy issues that are of importance to the consumers.3.2 Board members are appointed by the Minister for Industry and Trade for a term or terms as the Minister may determine.

The Chairperson of the Council reports to the Minister. The Board of Directors appoints the Chief Executive Officer to lead and manage the Council affairs within the legal framework and by maintaining high ethical standards.

From corporate governance perspective, a Board Charter is in place that sets the rules and procedures within which the Board functions.

FUNCTIONS OF THE COUNCIL

Section 6 of the Consumer Council Act stipulates the functions of the Council. The Council is required to do such acts and things it considers necessary or expedient to ensure that the interests of the consumers of goods and services are promoted and protected. These functions include: Advising the Minister on such matters affecting the interests of the consumers; Making representations to the Government or to any other person/organizations on any issues affecting the interests of consumers; Collecting, collating and disseminating information in respect of matters affecting the interests of consumers; Supporting or maintaining legal proceedings initiated by a consumer, where such support is deemed necessary; Conducting research and investigations into matters affecting consumers; Advising and assisting consumers on matters affecting their interests; Co-operating with any person, association or organization outside Fiji having similar functions and becoming a member of or affiliate to any international organization concerned with consumer matters; and Soliciting and accepting for the purposes of the Council any money, land, or other property from the Government, any local authority, public body, organization, or person by way of grant, subsidy, donation, gift, or otherwise.

The Consumer Council Act1976 was amended in 1992 by Decree No 23. The amendment deleted a few key functions of the Council to promulgate the “Trade Standards and Quality Control Decree 1991”. Whether the amendment decree reduced the specifically listed functions to prevent the CCF from actually carrying out these functions is a matter of legal interpretation. As long as the amendment does not prohibit the carrying out of the three functions, the general power of the Council can be invoked to continue to carry out research, and/or examination or testing of goods and services, and receiving and acting on consumer complaints. The overriding function is to ‘do all such acts and things that it may consider necessary or expedient to ensure that the interests of consumers of goods and services are promoted and protected’ [s6 (1)]. The 1992 amendment to the Consumer Council Act seems to be redundant as consequential amendments were not made to the Act.

SERVICES OF THE COUNCIL

1. Campaigns, Information & Media Division

To empower consumers with knowledge and information to bring about reforms in policy and practice that adversely affect consumer interests.

2. Alternative Dispute Resolution & Consumer Advisory Division

To assist consumers in resolving complaints through alternative dispute resolution,advisory services and legal representation.

3. Research & Policy Analysis Division

To identify and undertake broad-based and complaints driven research on key consumer protection legislations that promote and protect consumer interests through necessary policy changes.

HOW CAN WE HELP?

The Council is divided into three departments, each with its own distinguished function. These are:

CAMPAIGNS, INFORMATION & MEDIA – To empower consumers with knowledge and information to bring about reforms in policy and practice that adversely affect consumer interests.

ALTERNATIVE DISPUTE RESOLUTION & CONSUMER ADVISORY – To assist consumers in resolving complaints through alternative dispute resolution, advisory services and legal representation.

RESEARCH & POLICY ANALYSIS – To identify and undertake broad-based and complaints driven research on key consumer protection legislations that promote and protect consumer interests through necessary policy changes.

OUR EXPERIENCE

Since its establishment following the introduction of the Consumer Council of Fiji Act 1976, the Council has now become a household brand name in Fiji, giving rays of hope to Fijian consumers whose rights have been violated in the marketplace. As per the Consumer Council of Fiji Act 1976, the Council has powers to do such acts and things it considers necessary or expedient to ensure that the interests of the consumers are promoted and protected. These include:

Advising the Minister on such matters affecting the interests of the consumers;
Making representations to the Government or to any other person/organizations on any issues affecting the interests of consumers;
Collecting, collating and disseminating information in respect of matters affecting the interests of consumers;
Supporting or maintaining legal proceedings initiated by a consumer, where such support is deemed necessary;
Conducting research and investigations into matters affecting consumers;
Advising and assisting consumers on matters affecting their interests;
Co-operating with any person, association or organization outside Fiji having similar functions and becoming a member of or affiliate to any international organization concerned with consumer matters; and,
Soliciting and accepting for the purposes of the Council any money, land, or other property from the Government, any local authority, public body, organization, or person by way of grant, subsidy, donation, gift, or otherwise.

Mr Mohammed Gani (Chairman)

Mr Gani has more than 20 years of extensive commercial experience. He is currently the Country Manager-Fiji & the Pacific Islands at Brother International (NZ) Ltd. He spent nine years at the Telecom Fiji Ltd Group, his last position being the National Manager Retail & Customer Service. He holds multiple qualifications in the fields of Business, Engineering, Finance, Management and IT. He has a Masters In Business Administration (USP), Masters In Commerce (USP), Masters In Governance, Post Graduate Diploma in Management & Public Administration, Post Graduate Certificate in Financial Administration, Post Graduate Diploma in Governance and Bachelor of Electronics Engineering (Pakistan). He is also a member of the Australian Institute of Company Directors. Mr. Gani has sheer interest in community development work and places a special focus in youth’s personal development where he dedicates a substantial amount of his spare time. Mr Gani has been a Council Board Member for the past six years.

Ms. Elizabeth Jane Algar (Deputy Chairperson)

Ms Elizabeth Algar has proven value as a strategic advisor with multidisciplinary groups, a visionary and servant leader with over 15 years combined senior executive experience in corporate services, strategic management, MSME coaching & mentoring, education, aviation and human resources development. Elizabeth’s current corporate services portfolio includes managing strategic, finance, HR development & recruitment, asset, general administration, and property management. As a consultant, Elizabeth has completed projects for Palladium, Cardno, IUCN, iTaukei Affairs Board, RFMF and the Ministry of Education to name a few. She holds a Masters in Business Administration from USP and is also an Australian qualified trainer and chef. Elizabeth previously worked at International Red Cross, Australia-Pacific Technical College (APTC), and Fiji Airways. Her board memberships has included Chairperson for Nasinu & Nausori Town Councils. Elizabeth inspires to be a role model to aspiring women leaders who like her will step out in faith and be an amazing leader in her spheres of influence.

Mr. David Edward Solvalu (Board Director)

Mr Solvalu is a lawyer by profession and has over six (6) years’ experience specializing in Legislative Drafting, Policy Reform and Revision, and Legal Research. He has played an integral role in the development of major pieces of Fijian legislation, including the Trademarks Act 2021 and Climate Change Act 2021 and has extensive experience in the reviewing and amending of laws – including the Fijian Competition and Consumer Commission Act 2010, Companies Act 2015 and the Land Transport Act 1998.

Mr Solvalu holds Bachelor of Law Degree, Professional Diploma in Legal Practice and Professional Diploma in Legislative Drafting – all from the University of the South Pacific. Currently he is the Chief Legal Counsel at the Fijian Competition and Consumer Commission. Prior to joining FCCC, Mr Solvalu practised at Howards Lawyers, the Office of the Attorney-General and the Parliament of the Republic of Fiji – Government Chambers. He also serves on the Film Control Board and the Board of Assets Fiji Pte Ltd.

Mr. Shelvin Karan (Board Director)

Mr Karan is the Manager Domestic Conditions at the Reserve Bank of Fiji and has over 14 years of experience as a Macro Economist with experience in Fiji and the region. Apart from the RBF he has also worked at the International Monetary Fund’s Pacific Office as a Local Economist. Mr Karan has a Master of Commerce and Bachelor of Arts from the University of the South Pacific.

Ms Anabel Ali (Board Director)

Ms Ali is currently the Group Financial Controller and Company Secretary at Fiji Fish Marketing Group Company Ltd and and its 11 related entities in the hospitality, investment and fishing industries – a position she has held for the past 5 years. Prior to this, Ms Ali served as the Manager Audit and Assurance and Business Advisory Services for 10 years. She is also a member of CPA Australia, Australian Institute of Company Directors and Leadership Fiji.

Ms Ali has a Bachelor of Arts in Accounting & Financial Management and Public Administration and Business Management from the University of the South Pacific and Post graduate in Accounting from CPA Australia

Meet the team

Seema Shandil

Chief Executive Officer

Vinash Singh

Manager Campaigns

Information and Media

Jessica Lal

Manager Alternative Dispute Resolution & Consumer Advisory

Asheefa Aiyub

Manager Research and Policy Analyst, Research, Policy and Analysis Division

Kavitesh Pal

Manager Finance and Administration

Lusia Rabaka

Senior Research Officer

Research and Policy Analysis Division

Shovneel Ram

Research Officer

Research and Policy Analysis Division

Rabia Ali

Assistant Research Officer

Research and Policy Analysis Division

Ziyad Parvez

Senior Media Officer

Campaigns, Information and Media Division

Varanisese Michelle Vakula

Media Officer

Campaigns, Information and Media Division

Jese Waqabitu

Research and Debt Management Officer

Alternative Dispute Resolution and Consumer Advisory Division

Rufina Veisa

Complaint Management and Data Entry Officer

Alternative Dispute Resolution and Consumer Advisory & Administration

Navneet Chandra

Consumer Officer

Alternative Dispute Resolution and Consumer Advisory

Laisa Lomani

Assistant Consumer Officer

Alternative Dispute Resolution and Consumer Advisory

Prashant Chand

Assistant Consumer Officer

Alternative Dispute Resolution and Consumer Advisory Division

Dhirisha Prasad

Assistant Consumer Officer

Alternative Dispute Resolution and Consumer Advisory

Samuela Cama

Consumer Helpline Officer

Alternative Dispute Resolution and Consumer Advisory

Ranjaline Reddy

Human Resource and Training Officer

Ashneel Kumar

Assistant Admin Officer

Caroline Koto

Receptionist, Clerical and Administrative Officer

Nikhil Singh

Executive Officer

Venkateshwar Narayan

Regional Coordinator Labasa

Kavneel Kant

Assistant Consumer Officer

Serupepeli Finau

Consumer Officer Labasa

Alternative Dispute Resolution and Consumer Advisory

Atish Nand

Regional Coordinator Lautoka

Senivesi Lutu

Consumer Officer

James Vakacabeqoli

Consumer Officer

Jasleen Singh

Assistant Consumer Officer

CONSUMER RIGHTS AND RESPONSIBILITIES

On 15 March, 1962, US President John F. Kennedy delivered a historic address to the US Congress in which he outlined his vision of consumer rights. This was the first time any politician had formerly set out such principles.

“Consumers by definition include us all, ” Kennedy said in his Congressional statement. They are the largest economic group , affecting and affected by almost every public and private economic decision. Yet they are the only important group…whose views are often not heard”

Over time, the consumer movement has developed this vision into a set of eight basic consumer rights which now define and inspire much of the work CI and its members do:

CONSUMER RIGHTS

The right to satisfaction of basic needs – To have access to basic, essential goods and services: adequate food, clothing, shelter, health care, education, public utilities, water and sanitation.

The right to safety – To be protected against products, production processes and services which are hazardous to health or life.

The right to be informed – To be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labeling.

The right to choose – To be able to select from a range of products and services, offered at competitive prices with an assurance of satisfactory quality.

The right to be heard – To have consumer interests represented in the making and execution of government policy, and in the development of products and services.

The right to redress – To receive a fair settlement of just claims, including compensation for misrepresentation, shoddy goods or unsatisfactory services.

The right to consumer education – To acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them.

The right to a healthy environment -To live and work in an environment which is non-threatening to the well-being of present and future generations.

This set of eight consumer rights now guide the campaign and policy work of CI and consumer organizations in the world over.

CONSUMER RESPONSIBILITIES

Critical Awareness – the responsibility to be more alert and questioning about the price and quality of goods and services we use.

Action – the responsibility to assert ourselves and act to ensure that we get a fair deal. As long as we remain passive consumers we will be exploited.

Social concern – the responsibility to be aware of the impact of our consumption on other citizens, especially the disadvantaged or powerless groups whether in the local, national or international community.

Environmental Awareness – the responsibility to understand the environmental and other consequences of our consumption. We should recognize our individual and social responsibility to conserve natural resources and protect the earth for future generations.

Solidarity – the responsibility to organize together as consumers to develop the strength and influence to promote and protect our interest.

STRATEGIC PLAN 2018-2022

FOREWORD

The Consumer Council of Fiji is pleased to present the Council’s Strategic Plan 2012 to 2022. The Strategic Plan is an evolving document that is reviewed annually to take into account changing situations, government policies, and emerging issues affecting consumers. The plan is expected to play a positive role in achieving a marketplace where consumers are well informed, confident, and protected from unlawful, deceptive, misleading, or otherwise objectionable practices. It is critical that consumers understand their rights and responsibilities and have the skills and confidence necessary to ensure they receive the best quality services and value for money.

For more information

Strategic-Plan-2018-2022_10-01-2018 Download

Manager-Finance-Admin Download

JD_SMO Download

JD_Media-Officer-iTaukei Download

ADVOCACY PROFILE

A well-functioning market economy needs educated consumers with the power to influence the market through their rational decisions when confronted with choice. Informed consumers are able to assert themselves in the marketplace, which in turn influences the behaviour of traders, pushing them to be voluntarily compliant with consumer legislation. Only through being informed can consumers gain the benefits of a well-functioning market economy. And in order to be informed, consumers must receive timely and accurate information. This information must be brought to consumers through as many mediums as possible to ensure maximum reach and effectiveness

MOBILE UNITS

Mobile units are cost effective means by which the Council can reach out to consumers who would otherwise not be able to access its services due to distance or transportation costs. The mobile units ensure that Council services are accessed directly thus increasing its reach and footprint. The Council also conducts market surveillance and trader visits in the respective areas where the information booths are set up.

SCHOOL VISITS

Consumer education should begin in early childhood to cultivate positive consumer attitudes and help youths develop independent thinking. This is especially important because more and more traders are targeting youths in advertising campaigns. Furthermore, many emerging consumer issues, such as data safety online, impacts young consumers who spend large amounts of time on social media and the internet. Educating school students on their rights and emerging consumer issues is important to ensure that unscrupulous traders do not swindle them. To do this, the Council actively seeks opportunities to visit schools and educate students on their rights and responsibilities.

COMMUNITY VISITS

Products and services in the modern world are constantly evolving to take into account the ever-growing needs of consumers. Unfortunately, the speed of this innovation can have a negative impact on consumer rights. This is because many products and services are in the hands of consumers before their consumer impacts are fully known. This lack of information on consumer rights with regards to new products is a cause for concern, even for the most informed urban consumers. Rural consumers are susceptible to greater risks simply because they may not have access to the most up-to-date information on consumer trends. Therefore, the Consumer Council of Fiji focuses on reaching as many villages and communities as possible in both rural and maritime areas. Community visits allow accessibility of Council Services and information in the most remote communities and ensures that they are not disadvantaged by distance.

WORKSHOPS

The Council conducts rigorous research on consumer policy issues to stay ahead of emerging trends in the marketplace. This research must then be communicated to stakeholders and consumers. Workshops give the Council an avenue to impart this information. Over the years Council has partnered with several organizations such as the Department of Youth and Sports, Ministry of Education, Fiji National University, Catholic Women’s League, the Fiji Disabled People’s Association etc to conduct workshops on various consumer topics and issues. The topics covered in these workshops have moved from the role of the Consumer Council, consumer rights and responsibilities, towards emerging problems that consumers face in their day to day living.

TALKBACK SHOWS

Talkback shows have also proven to be effective for the Council’s campaign on consumer rights, responsibilities and critical consumer issues. The Council has made arrangements with radio and television stations to ensure that it has got slots available to speak on topics which are in the interest of consumers. Talkback shows also all the Council to reach to hundreds and thousands of Fijians who can use this platform to directly communicate or raise any consumer related concerns.

SOCIAL MEDIA

Social media is continuously evolving and as such, the Council is evolving with it. Using platforms such as Facebook, Twitter and now Instagram, the Council has been able to reach consumers around the Country and overseas. This platform is used for disseminating consumer advisories and alerts. Since these platforms are interactive, it allows the Council to receive consumer complaints and provide timely responses to queries.

The Council also has an in-house production team which looks after audio/video production as well as basic graphics. The team also creates relevant content to be placed in various communications materials in English, Hindi and iTaukei in order to suit the language needs of consumers.

Contact the Council if you would like us to visit your community, village or school to create awareness, to set up a mobile unit or to conduct workshops. You may reach out to our Campaigns team at 9716263.

Project & Events

May 31, 2022

Control Consumption (Ctrl C) Project

May 31, 2022

Pacific Insurance and Climate Adaptation Programme (PICAP) Project

WCRD

March 17, 2023

World Consumer Rights Day 2023

May 31, 2022

WORLD CONSUMER RIGHTS DAY

May 31, 2022

WCRD 2022

COMMUNITY CONSUMER ADVISORY GROUP

In a joint effort to empower and protect consumers, especially the disadvantaged and marginalised ones, the Consumer Council of Fiji, with the support of the European Union, launched the Community Consumer Advisory Group (CCAG) on the 25th of June 2014 in Suva.

The group, which has a voluntary membership representing rural, remote areas of the country, will act as the Council’s eyes, ears and voice on the ground.

The Council has identified seven representatives from Savusavu, Taveuni, Nasinu, Lautoka, Rakiraki, Labasa and Levuka to be part of the CCAG.

Expression of interest

If you would like to be a part of our tireless group of volunteers as the Council’s eyes and ears within your community, you can express your interest to the email eo@consumersfiji.org

Community Consumer Advisory Group

Ms. Vani Vula

CCAG Representative - Lautoka

Ms. Hamida Khan

CCAG Representative - Nasinu

Mr. Shri Krishna

CCAG Representative - Rakiraki

Mr. John Leopold Apanna

CCAG Representative - Taveuni

Mr. Ashok Kumar

CCAG Representative - Savusavu

Mr. Mahendra Prasad

CCAG Representative – Labasa

Mr Mateo Vianny

CCAG Representative - Levuka

Today’s fast paced and diverse economic environment makes it imperative for consumers to be assertive in the market place in order to ensure that they get their money’s worth. In instances consumers are not assertive, the unscrupulous players in market place may exploit this ‘passive’ nature of consumers in order to profiteer at their expense. Hence, the Consumer Council of Fiji habitually reminds consumers of their responsibility to take Action – the responsibility to assert ourselves as consumers and act to ensure that we get a fair deal. This is based on the premise that as long as we remain passive consumers, we will be exploited.

How can consumers exercise their responsibility of action?

Consumers can exercise their responsibility of Action by letting businesses know when they are dissatisfied with their products and services. This is done by lodging complaints either directly with the business or the Consumer Council of Fiji…read more

Apart from using the dedicated Mobile APP, Consumers can now raise complaints directly from this website by clicking on the Button given below.

Testimonials

Gallery

Multisectoral Financial Literacy Panel Discussion

11 Photos

World Consumer Rights Day 2023

37 Photos

Green Action Week

9 Photos

Consumers International

The Consumer Council of Fiji is a full member of Consumers International (CI), the international federation of consumer organizations based in London. The Council has been a member of CI since 1989 and is the only consumer group in the South Pacific that is actively involved in CI’s international activities on consumer rights and interests.

COPOLCO

The Council is a member of COPOLCO – the Committee on Consumer Policy of the International Organization for Standardization (ISO)

National affiliations & consultative work

The Council’s status as the statutory representative of consumers in Fiji has made it an important partner or stakeholder in various Fiji consultative and policy-making bodies. The Council is often consulted by policymakers and industry groups on matters affecting consumers in Fiji.

Expression of Interest

The Consumer Council of Fiji provides for a dynamic, progressive and career building work environment and has a track record of molding young minds through exposure to a vast array of industries, sectors, organizations and other stakeholders.

The Council, on a need basis, frequently allows for university students and new graduates to work as a volunteer or attaché. Interested individuals can submit an expression of interest to join any of the teams below:

1. Campaigns Information and Media Division

Get exposure to writing press releases, liaising with media agencies, writing newspaper articles, conducting campaign work, community awareness sessions, workshops with business houses and project management.

Individuals with qualifications or progress towards qualifications in journalism, law, literature, language, public relations and other relevant fields are encouraged to apply.

Submit your interests to eo@consumersfiji.org

2. Alternative Dispute Resolution and Consumer Advisory Division

With the Alternative Dispute Resolution Division, individuals will gain experience handling consumer complaints, conducting investigations, market surveillance, facilitating mediation and consumer advisory.

Individuals with qualifications in law, economics, business administration and other relevant fields are encouraged to apply.

Submit your interests to eo@consumersfiji.org

3. Research and Policy Analysis Division

Get valuable experience handling service-related consumer complaints, conducting market surveillance, minor and major researches on consumer issues, policy submissions and project proposals.

Individuals with qualifications in law, economics, business administration, public health, environmental health and other relevant fields are encouraged to apply.

Submit your interests to eo@consumersfiji.org

4. Finance and Administration Division

Get acquainted preparing financial statements, dealing with human resource matters and other administration duties.

Submit your interests to eo@consumersfiji.org

Consumer Protection Laws

August 16, 2022

FCCC Act 2010

August 16, 2022

Consumer Council of Fiji Act 1976

August 16, 2022

Distress of Rent Act 1961

August 16, 2022

Second Hand Dealers Act

TENDER INVITATION

Supply and install New Desktop and Laptops

Expression of Interest Download

Exclusionary clauses in the Digital Market Space

September 24, 2021

The COVID-19 crisis has led to significant shift in the retail of goods and services from brick-and-mortar stores to online stores. Hence most businesses are transforming their business processes and utilising digital platforms to advertise and retail their products. In addition to the digital apps and websites specially dedicated to offer products and services online, many businesses are also utilizing social media platforms such as Facebook and Instagram to market, receive orders and payments for their products.

Whilst it is encouraging to see businesses are digitizing their services and providing customers with access to a significant variety of products from the convenience and safety of their homes, the prevalence of exclusionary clauses in online advertisements has caused concern for the for the Consumer Council of Fiji.

What are exclusionary clauses?

The exclusionary clause is a term which seeks to exclude or limit the liability of a business on the product or service they retail to consumers. Such clauses state that a party or a business has no liability if a product is faulty or has any other issues and limits the range of remedies or redress available to a consumer. It also limits the time in which these remedies or redress can be claimed by consumers.

Exclusionary clauses exist in many consumer spheres. However, it has been particularly on rife in the digital market sphere. Continuous online market monitoring by the Consumer Council of Fiji revealed a total of 41 cases of businesses displaying exclusionary clauses between 8 June to 16 August 2021.

Case study

Seru was browsing on Instagram when he came across an advertisement for bluetooth speakers. However, he noticed that the advertisement stated the company retailing the product has a no refund and returns policy. Being an assertive and vigilant consumer, Seru raised the matter with the Council. The Council liaised with the online retailer after which the advertisement was amended to omit the exclusionary clause.

Why are exclusionary clauses or notices illegal?

Displaying or implementing exclusionary clauses breach Section 77 (1) (k) of the Fijian Competition and Consumer Commission Act. The provision states: “A person shall not, in trade or commerce in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services make representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, and right or remedy that person does not have.” The maximum penalty for the the FCCC Act 2010 is $100,000 for companies. The clause or notice basically prevents consumers from seeking redress from faulty items.

This means that it is illegal for a trader to impose a condition that prevents consumers from seeking redress if products purchased are not of merchantable quality or develops any other issues.

Given the high number of exclusionary clauses in online advertisements and its potency to infringe on consumer rights, bother businesses and consumers need to better understand their roles and responsibilities on this topic. To do this, let’s look at some frequently asked questions in regards to exclusionary clauses.

Frequently Asked Questions

Q: What is the legal basis of the prohibition on “No Return, No Exchange” Policy of business establishments?

A: Pursuant to the Section 77 (1) (k) of the FCCC Act (2010) the words “No Return, No Exchange”, or words to such effect shall not be written into the contract of sale, receipt or sales transaction, in any document evidencing such sale or anywhere in the store or business establishment.

Q: What is the rationale for this provision?

A: The prohibition is aimed to correct the misconception of a lot of consumers that they do not have the right to return shoddy or defective goods or demand for remedies in case of defective or imperfect service because of the “No Return, No Exchange” notice in the receipts or anywhere in the business establishment – including online.

Q: Why is the presence of a “No Return, No Exchange” notice considered deceptive?

A: Such statement is considered deceptive because consumers may return or exchange the goods or seek other remedies in case of hidden faults or defects, or any charge not known to the buyer. By provision of law, sellers are also obliged to honour their implied warranties and grant corresponding remedies to consumers.

Q: Is there a time limit within which a consumer may return defective products?

A: There is no hard-and-fast rule on the period within which a consumer may return the products he/she purchased. A rule of reason should, however, be observed, taking into consideration the nature of the item purchased and the express/implied warranties mandated by law or provisioned via supplier’s warranty.

Q: Can a store impose the condition that merchandise can only be exchanged once?

A: No, because merchandise can be exchanged as many times as these are defective as long as the consumer chooses the option of replacement.

Q: What should a consumer do in case they come across a trader violating the prohibition on “No Return, No Exchange” policy?

A: He/She can file a complaint with the Consumer Council of Fiji with the following information;

• their names, address and contact details;

• the name and address of the trader/entity displaying exclusionary clauses;

• the acts or omissions constituting the offense including the approximate date, place and time of its commission.

Consumers can lodge their complaints with the information above via the toll-free number 155 or email complaints@consumersfiji.org. Alternatively, consumers can lodge complaints via the Consumer Council of Fiji Mobile App.