28. DEFECTS FOUND IN GOODS AND SERVICES
1)Any consumer may report defects in goods and services purchased and the damage the defects may cause, to the Ministry or the bureau.
2)Without prejudice to warranties on goods or legal or contractual provisions more advantageous to the consumer, where the consumer finds defect in the good, he may demand the replacement of the good or a refund within fifteen days from the date of purchase of the goods.
3)Where the service purchased by the consumer is defective, the business person, shall, by the choice of the consumer, deliver the service again to the consumer free of charge or refund the consumer the fee he paid for the service within fifteen days from the date of the purchase of the service:
a)the written contract between the service provider and the consumer shall apply for damages happening to the property of the consumer during the delivery of the service.
b)where there is no written contract, the service provider shall replace the entire or part of the damaged property.
29. WAIVING OBLIGATIONS THROUGH CONTRACT
The contract shall be of no effect, where the provisions of the contract made between a consumer and a business person, waive legal obligations imposed on the business person by this Proclamation or prevent the consumer from exercising his rights under the law.
30. UNFAIR AND MISLEADING ACTS
The following unfair and misleading acts are prohibited from being committed by any person or business person:
1) issuing misleading information on quality or quantity or volume or acceptance or source or nature or component or use of goods and service may have;
2) failing to disclose correctly the newness or model or the decrease in service or the change in or re-fabrication or the recall by the manufacturer or the second hand condition of goods;
3) describing the goods and services of another business person in a misleading way;
4)failing to sell goods and services as advertised or advertising goods or services with intent not to supply in quantity consumers demand, unless the advertisement discloses a limitation of quantity;
5) making false or misleading statements of price reduction;
6)applying or attempting to apply a pyramid scheme of sale by describing that a consumer will get a reward in cash or in kind by purchasing a good or service or by making a financial contribution and which describes that the consumer will get additional reward in cash or in kind where other consumers through his salesmanship purchase the good or service or make financial contribution or enter into the sales scheme, based on the number of consumers;
7)failing to meet warranty obligation entered in connection with the sale of goods and services,
8)misrepresenting the need for repair or replacements of parts to be made to goods as though not needed;
9)delivering services of repairing or replacing parts of goods or immovable properties or delivering the service of making or building immovable properties or delivering any other services below the standard recognized in the business or with deficiency;
10)preparing or making available for sale or selling goods or services that are dangerous to human health and safety or those source of which is not known or whose quality is below standards set in advance or are poisoned or have expired or are adulterated;
11)doing any act of cheating or confusing in any transaction of goods and services;
12)refusing to sell goods and services for reasons that are not protecting the rights of the consumer;
13)making available for sale or selling goods or services without standard marks for which the standard mark is needed;
14)selling goods or services at a price above the price affixed to the goods or the price posted in the business premise;
15)describing the country of the making of goods falsely;
16)unduly favoring one consumer over the other;
17)subjecting the consumer to purchase a good or service not desired in order to sell another good or service;
18)cheating in balance or measurements or any other measurement contrary to the lawful ones.
28. DEFECTS FOUND IN GOODS AND SERVICES