CONSUMING MATTERS

December 2002

PRODUCED BY

THE CONSUMER AND TENANT RESOURCE CENTRE OUTER EAST

FUNDED BY THE CONSUMER AND BUSINESS AFFAIRS VICTORIA

CHRISTMAS CHEER

Christmas comes but once a year,With credit cards we have no fear,We spend up big year after year,Lots of presents for Pam and Terry, Not to worry, no bill till February.

February comes and school fees are due, Books to buy and uniforms too, You ask yourself, why oh why, did I spend up big and buy, buy, buy?

The credit card is full and the interest is due, The presents seemed cheap, oh if only I knew, I shouldn't have bought those extra things, Oh no, is that the Landlord I hear ring, Credit problems, I thought I'd licked it Now I'm going to be evicted.

Let's make this Christmas full of cheer,With no credit bills for next year, Let's save, save, save and pay by cash, Or Lay-by now and hide the stash.

Christmas should be full of cheer, A time to spend with those you hold dear, It's not important the number of presents, Thoughts and deeds are the essence, Merry Christmas from all of us here, We hope you have a Happy New Year!

SHOPPERS KIT

We have put together a special Christmas Shoppers Kit full of important shopping hints and tips. For your free copy please contact us on 9761 0288.

LAY BY - YOUR RIGHTS AND RESPONSIBILITIES

Christmas decorations and advertisements have appeared in the shops already. Many consumers like to start early and put presents on lay-by. It has come to our attention that many traders and consumers are unaware of their rights and responsibilities when goods are sold under a lay-by contract.

Lay-by contracts are regulated under the Fair Trading Act 1999. Every lay-by contract must be clear and legible and in print at least 10 point in size. It must be signed by both the seller and the purchaser and contain the following details: · a full description of the goods · the price · the amount of deposit paid and the balance outstanding · when other payments are due · the amount of any cancellation fee or how that charge is to be calculated (must appear in bold writing and be reasonable) A consumer can cancel a lay-by at any time, in writing, before the goods are delivered. The supplier must refund all money paid within 14 days, minus any cancellation charge. A consumer can challenge the fee if it appears to be unreasonable. If no cancellation fee is noted on the contract or the goods are delivered damaged then the supplier must refund all money paid.

The supplier may cancel the contract if the consumer breaches the agreement. However, before cancellation occurs the supplier must inform the consumer of the breach and allow 14 days for rectification. The supplier can charge the cancellation fee if the breach isn't remedied and the charge is included on the contract.

24 HR CONTACT NUMBER FOR YOUR LANDLORD

With holidays just around the corner, your landlord may not be available to take emergency calls if urgent repairs are needed. Section 66 of the Residential Tenancies Act states that: If there is not agent acting for the landlord, the landlord must give the tenant an emergency telephone number to be used in the case of the need for urgent repairs. If there is an agent involved, then the agent must give the tenant a written statement setting out whether the agent can authorise urgent repairs, the maximum amount they can authorise and an emergency contact number.

It would be wise for tenants to check whether the landlord and/or agent will be available over the holiday period on the emergency number they have given. If not they should provide the tenant with the appropriate one. Hot water systems have no respect for Christmas!!

PUT SAFETY FIRST AT CHRISTMAS

With Christmas only a few weeks away, it's time to consider what sort of toys to buy the children in your life. Adults should make sure that safety is the number one consideration. Advertisers and children will be pressuring shoppers to buy the latest craze in toys. However, it's up to individual consumers to check out the potential hazards of products. A toy may look harmless enough, but it has to withstand the rigours of being tugged, sucked, bitten and trodden on by your child and still remain safe. We all need to stay within a budget at Christmas, but cheap toys are not always safe toys. There are a number of dangers which should be taken into consideration when buying toys at any price;

* Any sharp or rough parts which may cause cuts or splinters.

* Inadequate ventilation in tents, masks or toy helmets which may cause breathing difficulties.

* Toys that produce loud noise which may be harmful to hearing.

* Any holes or gaps which may entrap a small finger.

* Any item which has hard darts projected at high velocity.

* If the toy comes wrapped in plastic, dispose of the wrapping effectively to prevent suffocation.

* A toy chest which has a lid that will close on top of a child and may cause serious injuries.

* If a toy is big enough for a child to crawl inside make sure there is adequate ventilation to prevent suffocation.

If buying a bike this Christmas, don't forget the helmet which is compulsory for all bike riders. Choose one that carries the Australia Symbol and has been manufactured to Australian Standard AS2063. Make sure the helmet fits securely. Never allow a child to use a damaged helmet or one that has been involved in an accident.

PETS AS GIFTS

Every year the RSPCA runs a media campaign entitled, "Pets are for life, not just for Christmas." This is because many pets are abandoned once they grow out of the cute baby stage and/or when owners go away on holidays. Many pet shop owners and their customers are unaware of the fact that animals bought and sold are considered goods. This means that traders must comply with consumer legislation in the same way as other retailers. Customers can ask for a refund or exchange if the animal is not:

* Of merchantable quality eg sick at time of purchase.

* Fit for the purpose eg if the customer asks for a dog that is suitable for an elderly lady in a small unit and is sold a puppy that grows into a large dog

* The same as the description eg a cat that's described as thoroughbred and is actually a mixed breed.

However, if you or your friends are in a tenancy then giving a pet as a gift may cause problems. Many leases have 'no pets cause'. This is because landlords are concerned about possible damage or nuisance being caused by pets. Always check the lease and/or get the landlord's permission before giving a pet. So if you're contemplating buying a pet as a gift there are many things to consider.