Learn about your rights as a consumer when buying goods and services in Barbados.
This is not professional advice. If you need help with a consumer law matter, please consult a qualified lawyer.
In Barbados, most goods and services purchased by consumers are protected under consumer rights law, the principle legislation being the Consumer Guarantees Act, Cap. 326E, which affords consumers certain rights and protections in respect of goods and services purchased from a business.
Consumer rights law requires that goods sold to consumers be—
which together refers to goods being of "acceptable quality", based on the position of a reasonable consumer being fully apprised by the retailer or supplier as to the state and condition of the goods, including any hidden defects.
The law takes into account factors such as the nature of the goods, the price of the goods, any statements or representations made about the goods, and any relevant circumstances that would be reasonable to consider in connection with the goods or the supply thereof.
Goods must also—
For the avoidance of doubt, goods are not deemed to be "used" if they have been used by the supplier or any other person to test, prepare or deliver them, as long as they have not been used for that purpose to an unreasonable extent. For example, if you buy a smartphone from a retailer or supplier, and they open the box to briefly power on the device to ensure that it starts up before placing the device back in its original packaging, the goods would still be deemed new.
This is a question of law and typically refers to an average person, neither particularly knowledgeable nor naive, possessing common sense and understanding typical of the general public. In addressing whether goods are of acceptable quality, a court of law or arbitrator may assess what an average person of ordinary prudence and intelligence would reasonably expect, taking into account any other factors that may be required by law, such as the price.
Consumer rights law requires that services provided to a consumer are carried out with reasonable care and skill.
The law also requires that the service, and any product resulting from the service, be reasonably fit for purpose, and of a nature and quality that can reasonably be expected and achieved, taking into account the purpose(s) that the consumer makes known to the supplier before or at the time an agreement is reached for the supply of the service, except where the consumer does not rely on the supplier’s skill or judgment, or where it would be unreasonable for a reliance to be placed on the supplier's skill or judgement.
In general, a consumer is likely to be seen as relying on the supplier's skill or judgement unless the circumstances can reasonably show that—
Services must be carried out within a reasonable period of time, unless the time for the service to be carried out is determined or left to be determined by an agreement between the parties.
If a price is not agreed for the supply of services by way of an agreement between the parties, the consumer is not liable to pay more than a reasonable price.
For the avoidance of doubt, an agreement can be deemed to exist even if it is not written down or signed. Agreements can be concluded orally, but may be more difficult to prove than a written agreement.
This is a question of law and is typically based on the concept of quantum meruit, meaning "as much as he has deserved". A court of law or arbitrator may determine what constitutes a reasonable price based on factors such as the market rates for similar services, the time and skill required, and any other relevant circumstances at the time the services were provided.