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Thread: What is considered to be good practice within small business or franchise?

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    What is considered to be good practice within small business or franchise?

    I had the misfortune to buy something form computer company and it broke within 7 months. Now they say that on the Terms and Condition agreement on the back of the invoice it is stated that no matter the problem no matter the urgency it will take 21 days or longer to replace the broken piece of hardware.

    I had a good look around his shop and the Terms and Condition poster was no ware to be found. However there is a poster at the far back of the shop but we are not allowed to go there...

    So my question is what are the laws regarding these Terms and Condition posters? Why is it that you only get to read the Terms and Conditions after I purchased the product?

    I was told by the manager that if my name is on the Invoice than by default you agreed to the Terms and Conditions that is printed on the back. I feel this is entrapment because you never had a look at these Terms and Conditions. I told the manager that I really desperately need my stuff to be working or else I cannot do my work and at the time I just don’t have the money to buy a new one...

    He asked me to leave with a condescending arrogant loud voice! He made sure that his actions were seen by his staff. I also wish to point out that his technician didn’t even use proper programs to see if that the hardware was working properly. I am pointing this out because most manufactures have a checklist that needs to be marked and signed before the hardware is sent back to the supplier. This two was never done.

    I was humiliated by the manager and chased out of the shop with my broken hardware. Somehow I feel that all of this is illegal because there is really no way for me to have known what the Terms and Conditions was before the purchase...

    Is this good Business practice and above all are these actions legal? What is the truth behind Terms and Condition poster regarding business?

    Sadly the only helpful lady from our Consumer Council has moved to Johannesburg and the lady that works there now couldn’t provide me with any answers...

    The only good fortune I had is that I tracked down the phone number of the hardware supplier and they were kind enough to give me an address so that I can send them the hardware myself and have it swapped out.

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    Gold Member garthu's Avatar
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    Is it good practice - absolutely NOT. But we know that hey!

    At the very least, if the terms and cons had to be stuck to, then it has to be done pleasantly really under most conditions.

    On the legal side, (sounds alot like the ink guys) I am sure you would have case against them - the problem always being, unless you are an attorney, it just aint worth it! (even out of principle) Pity about the consumer council cause they are probably the only ones that could get some action

    Any chance of approaching the manufacturer or importer??? They sometimes have strict rules/codes that there distributors should follow and if they don't, they get a mouthful? At least you get some satisfaction
    Garth

    Electric fence Installation : www.midrand-electronics.co.za
    Free Classified Adds : www.bgone.co.za

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    In all honesty, revenge is a dish best served cold... Still in our day and age large companies just don’t care. However a time will come and when that time comes I will just sit there in clear view with a smirk on my face.

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    Site Caretaker Dave A's Avatar
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    Taken from a regulation angle - there is quite a big difference between "good practice" and regulated standards. And for good reason.

    Regulation should be geared at preventing abuse or put another way, establishing minimum standards. Now those minimum standards cannot be set too high, otherwise they become a barrier to entry or cause other down-line problems. It's similar to the minimum wage dilemma.

    This doesn't mean that companies shouldn't be striving for better standards - in fact quite the opposite. They really should. So for example if the minimum standard for turnaround for this repair is 21 days, they could (and should) strive to do much better. Or provide a temporary replacement part. Or swop it out immediately. Basically any improvement that would differentiate them from their competition.

    This would improve their reputation and should result in more business.
    The trouble with opportunity is it normally comes dressed up as work.

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    Well in this particular scenario with this particular manager in mind I think he makes a point to enforce the 21 day turn over and above all if you argue with him he will tell you in your face that you are stupid and you better get out of his shop. As for his business there is a few around so I think he will slowly see a decrease in profits. But I was told that he is wealthy and the business is just his hobby so I don’t see any change... It also explains the arrogance and overall attitude.

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by insulin View Post
    Well in this particular scenario with this particular manager in mind I think he makes a point to enforce the 21 day turn over and above all if you argue with him he will tell you in your face that you are stupid and you better get out of his shop.
    I think most of us agree that this would be bad practice.
    The trouble with opportunity is it normally comes dressed up as work.

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    Make It Public Online

    I noticed that you did not mention the name of the business. I am not sure why.

    Unfortunately these small business do not understand the power of the internet and how bad publicity can affect them in the future.

    If everyone report online their problems online with bad service from all companies then they will quickly realise that clients will read these reviews.

    I had a time consuming problem with Nedbank that kept me busy for years. I could not email them with my problem as they only give phone and fax numbers.

    Bad publicity was my only way out. I went online and found www.hellopeter.com.

    I reported the issue there and within two hours a Nedbank manager phone me and within 24 hours they paid all the money back to me that they owed me.

    Make it public and go to www.hellopeter.com It may not work with all small companies but eventually they will get the messages.

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    Given the type of person this manager is he will most lightly take me on for slandering his businesses name. You know you sometimes just get a bad vibe when you want to hit someone but you suspect that that person has a gun. I got that bad vibe from him. Obviously he is not afraid of the public and I suspect it is because he got away with it before... However and it is the truth his Terms and Conditions is stated on the back of the invoice “Entrapment or not” It is stated. Still given the fact that there are other small businesses in the aria that gives the same service I will just go to them. Eventually he will close because of his attitude. I just sort of hoped that there is some kind of law preventing them from doing stuff like this but clearly there is not...

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    Silver Member Frankincense's Avatar
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    ....lets consider my reply a joke, lest we all break into tears....

    " I feel this is entrapment because you never had a look at these Terms and Conditions. "

    Lets see : You got 7 months of use from the hardware, and they actually will replace it for free? That's great!

    They will actually allow you to join the waiting queue for over 21 days to get another one free? That's great!

    They actually let you live after returning thier hardware? That's great!

    I'd say you should remain persistent in your efforts in the persuit of happiness...but pace yourself....

    The best way to catch a rabbit is for it not to see the trap, isn't it? (smelling "the ink shop"?)

    I also feel trapped....but know that it's a camouflaged trap! NOT to be revealed ......at this stage we still jump up and down when things don't go our way....coz we "didn't know"...imagine I tell you straight up what a load of Sh&t you are in coz you have a Bar Coded ID, Bank accounts and no means to keep your family alive without these parts of your life....I'd probably loose you as a South African citizen wouldn't I?


    ...so true...unacceptable arrogance....or is it mercy?.....

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    Joke? Really? Well then the joke is on me... “As intended”

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