Question of the Week

Question of the Week - December 3 2025
Question

I purchased a stove on layaway but decided a few days later that I no longer wanted it. I told the store owner, who said I could cancel the agreement, but I wouldn't be refunded the payment I had made. Why can’t I get my money back?

Answer

Section 135 of the Consumer Protection Act states that a supplier may impose a cancellation fee before refunding the remaining amount paid by the consumer. However, the supplier must have informed the consumer of this fee before the layaway agreement was entered. If the consumer was not informed, the supplier is required to refund the full payment

Question of the Week - November 19 2025
Question

I visited a popular local online store advertising a 50% Black Friday sale. However, when I attempted to purchase a few items, the discount could not be applied, and I had to pay the regular price. As the information on the website was unclear, I telephoned the store and was informed that the sale only applies to international customers, while local customers must visit the store in town. When I asked why this information was not clearly stated on the site, the owner hung up. Shouldn't the store give clear information to customers?

Answer

Yes, information provided to consumers should be clear, as it helps them make informed purchasing decisions. Under section 50 of the Consumer Protection Act 2025, a supplier must ensure that information given to consumers is expressed in plain and user-friendly language. An ordinary consumer, with average literacy skills and minimal experience, should be able to understand the content and significance of information provided.

Question of the Week - November 5 2025
Question

I recently purchased a new television from an electronics store and requested for it to be delivered. However, when I took it out of the box, I discovered that the screen was cracked and it would not turn on. Can I get a replacement or a refund?

Answer

Under section 68 of the consumer Protection Act 2025, if the damage was not caused by the consumer, you are entitled to compensation. In such cases, the supplier is required to compensate the consumer with a replacement item of equal value or provide a full refund.

Question of the Week - October 22 2025
Question

I went to the supermarket to purchase a box of milk. The price on the shelf was displayed as $14.20, but when I got to the cashier, she said the price was $20.95. What price should i pay?

Answer

Under section 55 of the Consumer Protection Act 2025, if more than one price is displayed for an item, the consumer is entitled to pay the lower of the two prices.

Question of the Week - October 8 2025
Question

I purchased a tool set on layaway in which I made a deposit of $500.00 and signed an agreement with the understanding that I would pay $100 weekly. When I returned to make the final payment and collect the item, I realized that two tools were missing from the set. I asked the salesclerk about the missing tools, and she said that’s just the way it is, and nothing could be done. She also told me I had signed an agreement and that if I stopped making payments, I’d lose my deposit. What can I do?

Answer

A consumer has the right to receive a refund if the supplier fails to deliver the goods as described. The supplier may offer a replacement, but it must be of equal description, design, and quality. Since the item does not match the description, the consumer is entitled to request a refund.

Question of the Week - September 24 2025
Question

I purchased a stove on layaway for $1,800.00 in July. I paid the first payment of $600.00 and was given three months to pay the balance. Shortly afterwards, I fell ill and informed the store that as soon as I came out of the hospital, I would pay. Last week I went in to complete the purchase and was informed that the stove was sold because the time had elapsed. I requested a refund, as the three months would have expired in October, and they refused. What are my rights in this matter?

Answer

A layaway agreement includes terms and conditions outlining the responsibilities and rights of the consumer and the trader, including payment schedules, fees, and cancellation policies. These terms are crucial for clarity and preventing disputes. In this case, the consumer was given three months to pay the balance. He informed the store about his illness and attempted to complete payment before the time expired. Based on the payment terms, the trader should not have sold the item. Therefore, the consumer should receive a refund.

Question of the Week - September 10 2025
Question

I purchased a tablet for my 12-year-old niece. After examining the displayed item, the store owner handed me a sealed box. When I got home and opened the box, I discovered the USB cable and power adapter were missing, although they were stated on the box. I returned to the store, but the owner told me there’s nothing they can do about the missing items. What should I do?

Answer

Under section 5 of the Sales of Goods Act (Cap 393), goods must correspond to the description provided on the package or displayed by the seller. The consumer's rights under this Act are against the person who sold the good, not the manufacturer. Therefore, the store is responsible for replacing the missing items at no cost or providing compensation to the consumer. We suggest you make a complaint with the division so we can investigate the matter and seek redress on your behalf.

Question of the Week - August 25 2025
Question

I decided to purchase a three-piece bedroom set from a well-known furniture store. I asked the store clerk if the set doesn't fit in the space, if I could return it and get a smaller one, or my money back if it is not to my liking. She told me according to their store’s policy I could, however, I must pay a 15% restocking fee. Is this legal? Can the store charge a restocking fee?

Answer

There is no legislation prohibiting traders from charging a restocking fee. Some stores may deduct a restocking fee in keeping with their policy. Generally, restocking fees are to cover the costs associated with handling, inspecting, processing and restocking returned items. In the case of goods with defects, the store is not permitted to charge a restocking fee in keeping with Section 16 of the Sales of Goods Act (CAP. 393).

Question of the Week - August 11 2025
Question

A few weeks ago, I prepaid $800 for a carnival package. On the day of collection, I was told my package was given to another patron. I was offered another package which I refused because it did not meet my needs. I requested a refund and was told my payment was non-refundable. Am I unable to get my money back?

Answer

Under Section 3 of the Sale of Goods Act (393), an agreement to sell was entered. The agreement “becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred”. Should the provider fail to deliver the carnival package on the agreed date, the agreement would have been in breach. Should time allow, the consumer may permit the provider the opportunity to make the desired costume. If not, the consumer can request a full refund.

Question of the Week - July 28 2025
Question

Two months ago, I placed an Amazon order for stockings and other items for Carnival. Following confirmation from the shipping company that they received my package at the U.S. address and numerous promises that it would be delivered via air freight before the start of Carnival, I have yet to receive my order. I have explained to the shipping company that the package also includes items for family members participating in Carnival, but they are still asking me to be patient as they are trying to get the package to Antigua. Should the shipping company compensate me for the undelivered items?

Answer

Generally, the shipping services' responsibilities include delivery of goods in a safe and timely manner. The shipping service’s confirmation of the delivery at the U.S. address indicates the package was placed in the service provider’s care for delivery to Antigua. Two months is a considerable amount of time to wait. The service provider would have broken the agreement by failing to deliver the package within a reasonable time. Additionally, with the Carnival festivities underway, it is unfair and impractical to ask the consumer to wait further. The Division recommends the consumer contact the shipping company and request compensation for the goods.

Question of the Week - July 14 2025
Question

I made a deposit of $5,000.00 for our wedding venue. However, we decided on another venue because it was too expensive. I spoke with the venue’s owner about our decision, and she reminded me that I signed a contract with a non-refundable deposit. Since we will no longer be using that venue, can I get my deposit back?

Answer

A contract or agreement, whether written or oral, is binding. Terms and conditions stipulated in the contract can result in penalties if they are broken. One of the conditions of this contract is a non-refundable deposit. Since the consumer is no longer willing to follow through with the agreement for use of the venue, the service provider can uphold the condition of the non-refundable deposit. As a courtesy, the venue may offer a full or partial refund. Consumers should shop around before making deposits, which are generally non-refundable.

Question of the Week - June 30 2025
Question

I saw an advertisement for an authentic iPhone screen and, after confirming with the store clerk, I purchased it. During the installation, my technician told me the screen wasn't genuine. I returned to the store and requested a refund, but the clerk refused, saying the package was open. Furthermore, the store clerk doubted that an original screen could be sold at that price. I believe the store knowingly sold me a counterfeit product. What should I do?

Answer

Under Section 15 of the Sale of Goods Act of 1992 (CAP 393), goods supplied must match the description given to the consumer. Any samples shown must also correspond with the description. The consumer is entitled to redress, which could be a full refund. Returning an opened package should not prevent the consumer from obtaining redress.

Question of the Week - June 16 2025
Question

I purchased a Baby Crib for our nursey, after I got home, and putting it together I realized that one of the rear legs was unbalance and shaking. I returned to the store to complain and request a replacement, but the owner refused stating that they don’t manufacture cribs and to file a complaint with company. What should I do?

Answer

According to the Sale of Goods Act (Cap 393), the goods must be of merchantable quality, meaning they should be free from defects both minor and major and must match the description provided. The consumer has the right to ask for a redress since the good was defective. The trader should have examine the goods and make sure that it’s in good working condition before the consumer makes the purchase.

Question of the Week - June 9 2025
Question

There was an attempted break in at my Apartment, I had to call the police and I was advised by the police to install a Surveillance Camera, however the landlord disagreed, can the landlord deny me the right to do so?

Answer

The landlord does have the right to control modifications to their property, including the installation of surveillance cameras, they also have a legal responsibility to ensure that the premise is reasonably safe and secure for their tenants. Since the police have advised that surveillance camera needs to be install due to a security threat, the division recommend for both parties best interest to address the concern together and have a thorough and respectful discussion to explore alternative safety measures or reach a mutually agreeable solution that prioritizes the tenant’s security while respecting the landlord’s property rights.

Question of the Week - June 2 2025
Question

I purchased a refrigerator on hire purchase four months ago. When the delivery driver brought it, he mentioned it had gotten a few scratches while being loaded onto the truck. He promised to speak with the store owner and assured me I would receive a discount due to the damage. However, after a week passed with no follow-up, I returned to the store to complain. I was then informed that the delivery driver had never made a complaint about the damages and the delivery driver would have to take responsibility for any damages he may have caused. What should I do?

Answer

According to the Sales of Goods Act Cap 393, a consumer should not accept a damaged item at the time of delivery. Additionally, agreements or promises made by a delivery driver do not replace the legal responsibilities of the seller. The proper course of action would have been to immediately report the issue directly to the store or seller not to rely on the delivery driver’s word. Since the seller was not formally notified at the time and no complaint was made to them by you or the driver, the store may claim no responsibility. However, because the damage occurred during delivery and the driver admitted fault, the delivery company or the individual driver may be held liable for compensating you.

Question of the Week - May 19 2025
Question

I placed an order for four dozen bananas, but five dozen were delivered. I thought the vendor was being nice to me, so I accepted the five dozen and paid the delivery man for four dozen. I have now received a bill for the additional one dozen bananas, which I never ordered. Should I pay the bill?

Answer

Under Section 31 of the sale of goods act(393), should the goods delivered by the seller be larger than the quantity agreed, the buyer may accept only the quantity agreed and reject the rest, or he may reject the full quantity. If the buyer accepts the full quantity as delivered, he must pay for it at the rate agreed.

Question of the Week - May 12 2025
Question

I have rented 2-bedroom house for the past 2 years at $1000.00. My landlord found out that I operated a hairdressing business at the property and decided to terminate our original contract, start a new one, and increase the rent. Is it fair for my landlord to do so?

Answer

Although Section Two of the rent restriction Act (CAP 378) makes provision for the property to be rented as a dwelling house, or for public service, business, trade or professional purposes or for any combination of such purpose, the original purpose for which the property was rented was dwelling. The landlord can end the original tenancy based on the breach. A new tenancy arrangement can be entered, and the landlord can increase the rent.

Question of the Week - May 5 2025
Question

I purchased a replacement cartridge for my printer in one of the stationery stores. I did not remember the exact model number of the cartridge, so I did my best to judge. After attempting to put the cartridge into the printer, I realized it did not fit. Upon re-entering the store to seek redress, I saw the no-refund sign. Is it fair for me to be denied a refund since I did not use the cartridge?

Answer

It is the responsibility of the consumer to know his/her needs and verify the particulars of the good before making a purchase. Under section 16 of the Sale of Goods Act (CAP 393), if a good is not defective the consumer is not entitled to redress. In this case, the trader or store owner may offer redress as a courtesy. The division recommends that the consumer speaks further with the store owner to determine what arrangement other than a refund could be made.

Question of the Week - April 14 2025
Question

I purchased a pack of tomatoes at the supermarket, and they looked pretty lovely and felt firm. However, upon removing the plastic wrapping, I discovered they had begun to spoil. As they are fresh produce, which I have now handled, can I return them and have them exchanged?

Answer

The consumer may return the fresh produce as soon as possible to seek redress. Under Section 16 of the sale of Goods Act (CAP 393), goods offered for sale should be of merchantable quality and, thus, free from defects. In instances where defects are specifically drawn to the buyer’s attention before the sale or where there are defects that an examination of the goods by the buyer ought to have revealed before the sale, the consumer is not entitled to redress.

Question of the Week - March 31 2025
Question

I forgot my work shoes at home and decided to buy a new pair. The store had a "two-for-one" offer, so I made the purchase. A few minutes afterwards my daughter brought me my work shoes. I returned the new shoes since I had not worn them, and it had only been a few minutes since the purchase. However, the store owner refused to take them back, stating that nothing was wrong with the shoes. What can be done in this situation? Am I not entitled to a refund?

Answer

Before making purchases, consumers must be certain of their needs. Under Section 16 of the Sale of Goods Act (CAP 393), if a n item is not defective the consumer is not entitled to redress. In this case, the trader or store owner may offer redress as a courtesy. The division recommends that the consumer speaks further with the store owner to determine what arrangement other than a refund could be made.

Question of the Week - March 17 2025
Question

I purchased a few items at a neighbourhood superette, and the cashier rounded up the cents. I asked why but no explanation was given. Is it legal for the superette to round up the cent and should I pay the increase?

Answer

As of 1 July 2015, the Eastern Caribbean Central Bank (ECCB) prepared a set of rounding rules, which allow retailers and consumers to conduct cash transactions. As such it is legal for the traders to round up and round down the figures at the Point of Sales (POS). This is due to the discontinuation of the 1 cent and 2 cents. This rule applies to cash transactions only and excludes other payment options such as credit cards and cheques.

Question of the Week - March 3 2025
Question

Last Monday I ordered 1000 blocks and arranged to collect them on Wednesday. However, I was unable to, so I hired a truck to pick them up. When the truck driver went to collect the blocks, he was informed he could only get 800, which he accepted. Yesterday, I was informed that the blocks are 200 short. I called the company, and they told me I can collect the 200 blocks today as we had agreed. I told them I made no such agreement, and I would like to cancel the order and get back my money. They said that I cannot cancel now, and my blocks are ready for collection. Can you assist me in getting my money back as I no longer wish to do business with this company?

Answer

This is an unfortunate situation as you were not contacted by the truck driver, so you could have decided to accept or cancel the order at the time of collection. Also, at the time of delivery, the order could have been refused on the basis it was incorrect, and a refund could have been requested. The Division recommends that you collect the remaining 200 blocks. Should there be any further breach of the agreement you can cancel and request a refund of the 200 blocks.

Question of the Week - February 17 2025
Question

I engaged a contractor to carry out repairs on my property. After doing so he left the construction waste and unwanted items in a heap. When I asked when he would remove them, he said it was my responsibility, but he could recommend someone who provides that service. Shouldn’t the removal of the waste be a part of his responsibility?

Answer

Generally, the removal of construction waste is the responsibility of the consumer. Some contractors may work with service providers to remove the waste and pass the cost on to the consumer. Some consumers have opted to rent skips to hold the waste, which are subsequently removed by the service provider.

Question of the Week - February 03 2025
Question

I purchased a bicycle on December 14, 2024. Within two weeks I started having problems with it. The back tire was dry rot, and the brake was not functioning properly to reduce the bicycle’s speed. I returned the bicycle to the store, but they refused to give me my money back. What should I do?

Answer

In keeping with the Sales of Goods, once goods are defective, consumers should be compensated. Redress can be in the form of repair, exchange, store credit or refund. If the store is unwilling to offer compensation, we recommend you make a complaint with the division. We will investigate the matter and seek redress accordingly.

Question of the Week - January 20 2025
Question

I ordered a dress from a courier service expecting to wear it to a New Year’s Eve party. They promised it would arrive in time for the event. However, when I received the dress, two days before the event, I realized they didn’t order the dress I sent them but another one. They said they would reorder the correct dress, but it wouldn’t get here in time for the event, so I told them I no longer wanted the order. They said if I cancelled, I would have to pay for the dress because I used their service, and they would not make any money. Should I pay for the dress?

Answer

No. The consumer should not pay for the dress as it is not what was ordered. Also, the consumer is not obligated to pay fees as none were disclosed when the order was placed. To secure its earnings the courier service should have collected a deposit to mitigate their risk in a transaction. A deposit provides a sense of security for the courier service and indicates that the consumer is committed to the sales transaction. However, in this case, if a deposit was paid, it would be returned to the consumer, as the incorrect dress was ordered.