Consumer Protection Executive Regulation

Article (1) Definitions

The definitions set forth in Federal Law No. (15) of 2020 shall be applied to this resolution. Otherwise, the following terms and expressions shall be accorded their designated meanings, unless the context requires otherwise: Concerned Authority: The Ministry or the competent authority, as case may be. Law: Federal Law No. (15) of 2020 Concerning Consumer Protection.

Article (2) Coordination with the Relevant Authorities

1. The Ministry shall coordinate with the relevant authorities to ensure the protection of consumer rights, as follows: a. Develop plans and programmes to protect consumer rights; b. Study any proposals related to the protection of consumer rights; and c. Spread community awareness regarding the protection of consumer rights. 2. Coordination shall take place between the Ministry and the relevant authorities based on the mechanism that shall be determined by agreement between them.

Article (3) Labelling

The provider shall clearly and legibly display the essential information specified by laws, regulations, technical standards, and approved specifications regarding the packaging or presentation of the product. Such data shall be according to the nature of the product and it shall include, but is not limited to, the following details: 1. The name, type, nature, components and quantity of the good, whether in relation to weight, measurement, number, measure, capacity, standard, or any other criteria affecting the value thereof; 2. The country of origin (the name of the country preceded by the phrase: “Made in”); 3. The country of export (if any); 4. The name of the producer or importer, accompanied by the commercial address or trademark; 5. Production date and shelf life; 6. Conditions of trade, storage and method of use; 7. Warning of the dangers that may result from the wrong use of the good, which shall be in a clear and easy-to-read font; and 8. Determination of the categories and ages of consumers who may be exposed to risks when using the product, especially children, disabled, and the elderly.

Article (4) Instruction on the Use and Installation of the Good

1. Provider shall attach the data on how to use and install the good therewith, according to the nature of the good and the extent to which it includes parts that can be disassembled and installed. 2. The data set forth in Clause (1) of this Article shall clearly include the method of installation or use on the packaging or the outer cover of the good, in a way that allows it to be done by the consumer himself or when it is necessary to seek the assistance of a technician to install the good. 3. It is required to clearly and explicitly state the contents of the box containing the goods, as well as identifying any complementary item that shall be purchased in order to avail of the basic good.

Article (5) Announcing the Prices of Goods and Services

The provider shall abide by the following: 1. Announce the prices of goods and services in a clear and legible manner, provided that the announcement shall be made in one of the following ways: a. Writing down the price on the good in a clear manner, according to its nature; b. Placing the price information on a card where the good is displayed in; or c. Display the price information at the location where the service is being offered, in a clear and readable manner. 2. Clearly and explicitly indicating if the provider accepts discount cards from consumers as well as the value of the discount so that it is clearly and legibly announced to the consumer. 3. Not to add any additional amounts to the value of the goods in the event of using credit cards to purchase goods and services.

Article (6) Provider Obligations Upon Contracting

The provider shall submit to the consumer an invoice proving conducting a transaction or contracting with him for the good or service, without placing any additional burden thereon, provided that it shall include the following data: a. Name, address and contact information of the provider; b. Invoice date; c. Description of the item or service; d. Sale unit and the quantity of good or the number of sold units; e. Condition of the good, if used; f. The price of the good or service in local currency; g. Warranty period, if any; h. Date of the good delivery or service provision; i. Serial number of goods and the parts contained therein, according to the nature of each good; j. Commercial registration or registration number; and k. Tax number (if any). 2. Provider shall be obligated to give the consumer a warranty-related document, either separately from the invoice or through the invoice, as case may be. 3. It shall be incumbent upon the provider to furnish the consumer with a payment plan if the product or service rendered to the consumer is to be delivered in stages, and such payments shall be linked to the completion of each stage.

Article (7) Used or Refurbished Goods

A provider who offers to trade used or refurbished good or that contain a defect that does not result in any harm to the health and safety of the consumer, shall clearly announce the condition of the good thereon, as well as in the place where the provider carries out its activity, in a manner that shall not lead to creating an untrue or misleading impression on the consumer; besides, the provider shall prove the condition of the good in the concluded contract or the issued invoice thereby.

Article (8) Misleading Advertisement for a Good or Service

A description, advertisement, or offer of a good or service, as case may be, shall be considered deceptive if it includes a misleading statement that may lead, directly or indirectly, to creating an unreal or misleading impression on the consumer, and in particular if it deals with one or more of the following elements: 1. The nature of the good, composition, essential characteristics, the elements that make up the good, quantity, shape or appearance thereof; 2. The characteristics of the good, including its origin, nature, method of production, production date, expiration date, conditions of use, usage precautions, weight, size, quantity, measurement, agent, capacity, standard, or any other relevant criteria that shall be specified; 3. The country of origin, the country of export, or the entity producing the good; 4. Contract terms and procedures, including after-sales service, warranty, price, and type of payment; 5. Prizes, certificates or quality marks; 6. Trademarks, data, or logos; or 7. The characteristics of the good or service and the expected results from use thereof.

Article (9) Handling Contingencies

1. In the event of a crisis or unusual circumstances leading to an abnormal increase in prices, temporary measures may be taken upon a resolution of the Minister to limit such increase and protect the rights of consumers, including: a. Determine the prices of the good or service in which the increase occurred; b. Prohibit the exportation of the good; c. Determine sales quotas; d. Encourage manufacturing or importing from alternative sources; e. Assign specific parties to import; and f. Any other procedures as decided by the Minister. 2. In determining what is considered an abnormal increase in prices, the following bases shall be taken into account: a. The rate of inflation in the country; b. The price of the good or service in previous periods; c. The prices range in the country and in neighbouring countries; d. The price of the good or service in the country and in neighbouring countries; e. The rate of increase percentage in the price of a good or service; f. The foreign currency exchange value at the time of importing the good or raw materials; g. Consumer complaints to the concerned authority; h. Increase in freight, transportation and insurance rates; i. High prices in the country of origin; j. High energy prices; and k. Extent of competition or monopoly according to the laws in force in the country.

Article (10) Unit Pricing

The Minister may, taking into account the special circumstances of dealing in some types of good and services, oblige the provider to approve the unit price for displaying the prices of some good, and to show it alongside the previous price of the goods, to guarantee the right of the consumer to compare prices.

Article (11) Warranty Document

The provider shall not advertise verbally or by any means of media about the warranty of the good without giving the consumer the document evidencing such warranty.

Article (12) Warranty data

The warranty for the goods and the performance of services provided to the consumer by the provider shall be in accordance with the terms of the contract concluded between them, provided that the warranty shall include the following items: 1. The name and data of the provider; 2. The date of purchasing the good or providing the service; 3. Warranty duration; 4. Name, model and serial number of the good; 5. Indication if the warranty includes all parts of the good and the price of repair and replacement; 6. A statement with the consumer obligations under the terms of the warranty; 7. Clearly stating the exceptions of the warranty, if any; and 8. Any other data included in the contract.

Article (13) Obligations of the Provider in Honouring the Warranty

1. The provider shall comply with the warranty of the service provided to the consumer for a reasonable period, commensurate with the nature of the service or the duration agreed upon with the consumer, whichever is longer. If the provider fails to fulfil this obligation, the consumer shall be entitled to select from the following options: a. Refund the full price in the event of non-implementation of the service or failure to implement it; b. Refund part of the price to the extent of benefiting from the service or in return for what compensate the lack of service; or c. Re-performance of the service by the provider in the correct manner and in the contracted form. 2. The provider shall also be obligated to clearly warn the consumer of the possible damages as a result of the provided service, the precautions to be taken, if any, and how to prevent them and the means of treatment from any resulting damage, according to the nature of each service.

Article (14) Provider Obligations Regarding Spare Parts

The provider shall provide the necessary spare parts for operating and repairing the goods according to the following: 1. With regard to spare parts for which consumers demand regularly and continuously: the provider shall provide them without interruption, as soon as the consumer requests them, within a period not exceeding (7) seven days from the date of the consumer request for them; 2. With regard to spare parts for which the demand of the consumer is not usually regular and continuous: the provider shall provide them within a period not exceeding (14) fourteen days from the date of the consumer request for them, except for force majeure and at the discretion of the concerned authority; 3. With regard to goods that are supplied from other than the local commercial agent: the commercial agent shall provide the necessary spare parts for maintenance and repair, if it was proved that they were covered by the agency contract at the date of the consumer request for them, or were subject of a previous agency. In this case, the obligation of the commercial agent to provide spare parts shall be within a period not exceeding (30) thirty days from the date of the consumer request for them, taking into account force majeure and emergency circumstances, if proven; and 4. With regard to spare parts that the factory has ceased to manufacture, the provider shall clarify this matter to the consumer by agreeing with him to provide alternative spare parts or find other solutions.

Article (15) Determining the Level of Consumer Demand for Spare Parts

Subject to the provisions of Article (14) of this Resolution, the concerned authority shall determine the level of consumer demand for spare parts, based on one of the following criteria: 1. The importance of the spare part and the need to periodically change it; and 2. The sales record for the spare parts and the consumer demand for it during the previous quarter or the similar quarter of the previous year.

Article (16) Mechanism for Providing Spare Parts and Providing Maintenance Service

The provider shall establish a written mechanism for providing spare parts, providing maintenance service, and providing the warranty in accordance with the conditions set by the factory, and complying with it towards the consumer, provided that it shall indicate in detail its obligations, their scope, and the rights of the consumer, taking into account the following: 1. Include this mechanism in documents (brochures) written in the Arabic language and in a clear and understandable formulation for the consumer, and place it in a prominent place in the sales outlets and centres affiliated with the provider, and enable the consumer to view it and publish it on the website. The consumer may also be provided with an additional, identical copy in another language. 2. Indication of the postal address, telephone number and e-mail address of the provider.

Article (17) Maintenance Works for Goods Under Warranty

1. The provider shall specify in writing a specific period for the completion of the maintenance work for the goods under warranty, according to the nature of the required maintenance or the reasons for the repair. 2. If the repair time takes more than (7) seven days, the provider shall provide an alternative good similar to the consumer good to use it free of charge for the period when the consumer is unable to benefit from the good, and the provider shall have the right - instead - to agree with the consumer on another mechanism to compensate the consumer or include it in the mechanisms of implementing the warranty, unless the defect or defect arises from the behaviour of the consumer.

Article (18) Obligations of Provider Upon Providing Periodic Maintenance Services for Goods Under Warranty

When providing periodic maintenance services for the goods under warranty, the provider shall abide by the following: 1. Provide equipment, technicians and workers to provide the service within an appropriate period; 2. Carry out the necessary maintenance for the goods using trained human resources and appropriate techniques according to the instructions of the manufacturer, in a manner that guarantees the quality of maintenance; 3. Allocate appropriate means of communication with consumers to facilitate services and coordinate when receiving and delivering goods; 4. Indicate the periodic maintenance cost, the date of its performance and the time it takes, and place it in a prominent place in service centres affiliated thereto; 5. Provide a statement of the estimated cost of maintenance at any time upon request of the consumer; 6. Clarify the fee for maintenance services, including examination, inspection, replacement of damaged parts, how to calculate the price of labour and other paid services; 7. Indicate the prices of spare parts by placing them on the packaging thereof, or by using any other techniques or procedures that allow the consumer to verify them himself; and 8. Keep the replaced spare parts and deliver them to the consumer before paying the prescribed price. The consumer may assign them to the provider in order to destroy them in the appropriate ways.

Article (19) Warranty of Goods Within the Warranty Period

1. The provider shall provide a warranty for the good for the duration specified by the manufacturer or commercial agent. This warranty shall commence from the date on which the consumer receives the original or replacement good in the event of a defect. The warranty period shall be extended for the duration(s) in which the consumer was unable to use the good due to repairs of defects covered by the warranty, or due to a delay in maintenance caused by the provider, or a delay in the supply of necessary spare parts during the warranty period. 2. The provider shall clearly and explicitly state the cases that invalidate the warranty, and the consumer shall be notified thereof prior to purchase. 3. The concerned authority shall have the right to regulate the validity of the warranty upon maintenance in the independent service centres on the good subject to maintenance, and on the good that, upon maintenance, requires using parts sold from other than the provider. 4. The concerned authority may organise after-sales service in independent service centres.

Article (20) Obligations of Provider Upon Discovery of a Defect in Goods

1. Upon discovering a defect in the good that affects efficiency, effectiveness, or the danger of use thereof, the provider shall inform the concerned authority and the consumer of the potential damages and how to prevent them when using them, in accordance with the following procedures: a. Stop trading the good or providing the service; b. Withdraw the good from the market; and c. Recovery of defective goods, replacement or repair thereof at own expense or a full refund of the value paid by the consumer. 2. The provider shall be prohibited from reselling or displaying the withdrawn or returned goods on the electronic sales platforms. 3. In all cases, the concerned authority shall be informed of the procedures taken by the provider in this regard.

Article (21) Notifying Upon Discovery of a Defect in the Good

1. Upon discovery of the defect, the notification shall be made by the provider or his legal representative to the concerned authority in writing on the form prepared for such purpose, provided that it shall include the following data: a. The name, description, surname, nationality, address, and chosen domicile of the informant in the country. If the notification was made by the legal representative of the provider, an authenticated power of attorney shall be attached; b. A statement of the reported good; c. Name, address and country of origin of the provider; d. The date the informant discovered the reported defect; e. Accurate technical identification of the reported defect; f. Damages likely to occur from the defect subject of the report, and an indication of how to prevent such damages or reconcile the effects resulting therefrom in the event of their occurrence; g. The procedures and means provided by the provider to enable the consumer to replace, repair or return the good, along with a refund of the price that was paid without any additional expenses; and h. Any other data that the provider deems necessary to include in the good. 2. The notification shall be recorded in a special registry prepared for such purpose at the concerned authority, and the informant shall be given a receipt to that effect, including the entry number, date and time of its occurrence.

Article (22) Informing the Consumer Upon Discovery of Defect in Goods

1. The consumer shall be notified upon discovery of a defect in the good by the provider or his legal representative, in coordination with the concerned authority, according to the following: a. Announcement in at least two daily local newspapers, one of which shall be in Arabic; b. Announcement on all websites and social media of the provider or the competent authority within (24) twenty-four hours of discovering the defect; c. The area of the announcement shall not be less than (15 cm x 15 cm) in a clear and legible manner, unless the concerned authority specifies other specifications for it; and d. The announcement shall include the following information: 1. Name, address, email address and contact number of the provider; 2. The trademark of the good; 3. Name, description and the country of origin of the good; 4. A clear picture of the good; 5. The number of the defective goods; 6. Description of the defect; 7. The model or operational number of the good; 8. Instructions that the consumer shall follow in order to avoid any damages that may result from the use of the good; 9. Instructions that the consumer shall follow to repair, replace or recover the value of the good; and 10.    Communicate with the consumer by all available means, including by phone or via e-mail, and write this down in a special registry. 2. The concerned authority shall determine the period of time in which the announcement shall be made and the timing thereof, and it shall have the right to determine any other means of announcing.

Article (23) Obligations of Provider to Inform the Recovery of Goods

Obligations of the provider to inform the concerned authority and the consumer about the recovery of defective and harmful goods, shall be according to the following time periods: 1. In the event of recovery of goods affecting security and safety: the notification shall be immediate, and not exceeding (24) twenty-four hours from the date of discovery of the defect necessitating a recovery; and 2. In the event of recovery of goods other than those stipulated in Clause (1) of this Article: the notification shall be made within a period not exceeding (7) seven days from the date of discovery of the defect necessitating the recovery.

Article (24) Report Data Recovered Goods

1. The provider shall provide the concerned authority with a report on the goods that have been recovered, within (30) thirty days from the start of the recovery process, provided that this report shall include the following: a. The recovered amount; b. A list of the quantities of goods that have been repaired, replaced or refunded; c. A list of the owners of the recovered goods and the means of contacting them, and in the event that the good was a vehicle, a list of the recovered vehicle chassis numbers shall be attached to the report; d. A list of unreachable good owners according to the database of the provider; e. Actions taken to correct the declared defect; and f. Any other data deemed necessary by the concerned party. 2. In all cases, the provider shall not close the recovery file without permission from the concerned authority.