CONSUMER PROTECTION

TRADE IN MOVABLES CONSUMER PROTECTION ACT HIRE-PURCHASE ACT Business SALE OF GOODS ACT Business >< Business Consumer >< Consumer CONSUMER PROTECTION ACT Business >< Consumer HIRE-PURCHASE ACT Business ><

CONSUMER PROTECTION ACT Provisions on: 1. Fair selling methods 2. Contract terms 3. Duties of the buyer and the seller 4. Product safety requirements 5. Distance selling Etc.

1. MARKETING REGULATIONS No inappropriate or unfair conduct All the necessary information as health and economic issues No false or misleading marketing No goods or services without an express order Correct information on price reductions Several goods or services being marketed at one price Comparative advertising Quotation of labels and instructions No conduct that is inappropriate or otherwise unfair Marketing must convey all the necessary information in respect of the health or economic security of consumers False or misleading information shall not be conveyed No goods or services shall be marketed by delivering them to consumers without an express order No misleading information on price reductions If several goods or services are being marketed at one price their individual prices must be stated if not less than € 10 Restrictions on comparative advertising No benefit based on chance if obtaining it presupposes consideration Special provisions concerning attachment of labels and instructions to consumer goods

STATE PROVINCIAL OFFICE SUPERVISION OF MARKETING STATE PROVINCIAL OFFICE MARKET COURT Injunction in quotation of price CONSUMER AGENCY Supervision of marketing operations and quotation of price etc. CONSUMER OMBUDSMAN Injunction in a marketing operation BUSINESS COMPANIES OPERATING IN CONSUMER TRADE

2. SALE OF CONSUMER GOODS DELIVERY Contracts differing from the Act to the detriment of the buyer are void DELIVERY Time of delivery: According to the contract Reasonable time

SELLER’S DELAY => Buyer may Withhold payment Demand fulfillment of the contract Cancel the contract if the delay is essential or if he has granted the seller an extension for the delivery and the delivery has not effected in time Require compensation for the loss

SELLER’S DEFECT Goods are defective if they don't correspond to what has been agreed aren't fit for the purpose for which such goods are ordinarily used don't conform to the particular purpose for which they were intended and the seller must have known about it don't conform to what has been represented by the seller were not packaged in a manner that is appropriate as to durability don't correspond to what a consumer ordinarily may expect in the purchase of such goods or if their installation, assembly, instructions are erroneous

Relevant time for defect When risk passes to buyer The defect shall be deemed to have existed at the time when the risk passed to the buyer if it appears within 6 months of that time unless - the contrary is proven or - the assumption is incompatible with the nature of the defect or the goods

WARRANTY Seller gives a guarantee that the product will function for a given time If it does not, the seller is liable for remedy, unless he can prove that the malfunctioning is due to the buyer’s mishandling of the product A warranty can’t deteriorate the buyer’s statutory rights

In case of seller’s defect, buyer may Withhold payment Require that the seller rectify the defect or deliver non-defective goods Demand a price deduction Cancel the contract Require compensation for loss

PURCHASE PRICE Time of payment on demand but not before the buyer has had a chance to inspect the goods

BUYER’S DELAY => Seller may 1. 2. cancel the contract if the delay is essential or if he has granted the buyer an extension for the payment and the payment has not effected in time but only if the buyer has not yet gained possession of the goods or if the seller has reserved the right to cancel 2. and require compensation for costs incurred and for loss

DOOR-TO-DOOR SELLING Offering of consumer goods or services for sale to the consumer in person at a place other than the premises of the business - a place where consumer goods are not normally for sale or advertised to be obtained - if the business doesn't arrive on the consumer's express request

DISTANCE SELLING Offering of consumer goods or services for sale by way of distance offering arranged by business, so that the conclusion of the contract and the preceding marketing effort are carried out exclusively through one or more means of distance communication - telephones, post, televisions, internet or other means that can be used for the conclusion of contracts without the parties being simultaneously present

PROVISIONS OF DOOR-TO DOOR AND DISTANCE SELLING Mandatory for a valid contract: Door-to-door selling document or Distance selling contract information and its confirmation The consumer is entitled to withdraw from the contract within 14 days by notifying the business (with some exceptions) The business shall refund what has been paid of the price

DISPUTES IN CONSUMER TRADE BOARD DISTRICT COURT STATEMENT 4 CONSUMER COUNSELLOR 3 2 1 SELLER CONSUMER