Law No. 8 of 2008 regarding Consumer Protection (the "Consumer Protection Law") has been recently enacted in recognition of the demand of consumers. Previously protection was granted under Law No. 2 of 1999 on Combating Commercial Fraud, but the Consumer Protection Law comes at a time when other countries in the Arab world are also trying to tackle consumer protection issues. Similar laws have been enacted recently issued in the UAE and Syria.
The Consumer Protection Law protects the rights of the consumer in respect of quality and safety whether from:
Article 2 of the Consumer Protection Law guarantees consumer's rights including the protection of health and safety when using commodities and services and the right to participate in any society or council related to consumer protection.
Article 3 of the Consumer Protection Law provides that:
"The consumer shall have the right to require fair compensation for any damage to his person or property as a result of buying or using commodities or receiving services. Any agreement to the contrary shall be invalid".
Supplier Obligations:
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Not to sell, display, or otherwise offer any defective commodity.
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Include in the contract of sale an after sales service to repair, maintain or replace the product for a reasonable period.
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To clearly mark goods with all relevant product information.
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To ensure the Consumer is aware of dangerous or hazardous items (the supplier will be liable for any non-compliance with conditions relating to health and safety).
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On discovering that a commodity or service is faulty in any way, he must immediately withdraw it from sale and advise the relevant local authorities.
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For locally produced goods, both the manufacturer and the seller will be jointly liable for losses caused by such fault.
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To prominently display the price of any commodity.
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To provide a detailed invoice confirming the sale. This is similarly found in Law No. 19 of 2006
Regarding Competition Protection and the Prevention of Monopolistic Practices, under Article 10 which states:
"Suppliers cannot conceal or abstain from selling any commodity with intent to control the market price, or require the consumer to buy a specific quantity thereof, or buy another commodity therewith, or charge a higher price than that advertised".
Please contact mktg.hk@sgs.com or visit www.hk.sgs.com/safeguards for further information.
