1. CONSUMER PROTECTION

2. TRADE IN MOVABLES CONSUMER PROTECTION ACT HIRE-PURCHASE ACT Business
SALE OF GOODS ACT
Business >< Business
Consumer >< Consumer
CONSUMER
PROTECTION
ACT
Business
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Consumer
HIRE-PURCHASE
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3. 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.

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

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

13. 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

14. 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

15. 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

16. 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

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