Consumer Protection Executive Regulation

Article 34 — Article (34) Prohibition of Including a Harmful Term to the Consumer

Each condition that would exempt the provider from its responsibility or any of its obligations stipulated in the law and herein towards the consumer, whether these conditions are contained in contract forms, invoices, documents, or others related to the contract with the consumer, and particularly in any of the following cases: 1. The provider give itself the right to interpret or amend some of the contract clauses or unilaterally terminate it without referring to the consumer or giving him the right to claim compensation; 2. Authorising the provider, in the case of an indefinite contract, to terminate it unilaterally, and not giving the same right to the consumer; 3. Authorising the provider to determine by himself and without referring to the consumer whether the goods or service subject of the contract is in conformity with what is stipulated in the contract; 4. Cancel or diminish the right of the consumer to claim compensation when the provider breaches its obligations; 5. The provider gives itself the right to unilaterally change the characteristics of the goods or the terms of the consumer use of the service in the case of services subscription contracts. As an exception to this provision, the provider may change the service provided by it after notifying the consumer of that, if this change would develop or update the service, or for a reason beyond control of the provider; 6. Waiver of the consumer to any of his rights stipulated in the Law and this Resolution or in any other relevant legislation; 7. Revoke the consumer rights towards the provider or limit them in an unsuitable manner in the event that the provider fails to implement its obligations, in whole or in part, or performs them poorly; 8. Obliging the consumer, in the event of failure to fulfil any of his contractual obligations, to pay the provider a compensation that is not appropriate to the actual damages resulting from his its failure to fulfil his obligation; 9. Determining the price of the goods upon offer and delivery, or the price of the service is subject to review by the will of the provider alone in the case of long-term contracts, and not allow the consumer to request termination of the contract when the final price is too high compared to what was agreed upon; 10. Put the phrase “goods sold are neither returned nor exchanged”, except for any of the following cases: a. If the consumer was aware of the defect or fault in the goods when purchasing it and accepted it in its condition, and this is proven in the purchase invoice; b. If it was one of the goods whose nature, characteristics, or method of packaging precludes it from being replaced or returned, such as its exposure to damage or the impossibility of returning it to the state it was at the time of purchase, in a way that prevents it from being resold, unless the reason for the return and replacement is defects in manufacturing or a violation of standard specifications, or other than what has been agreed upon in terms of specifications; and c. If the consumer goods were subject to rapid perish-ability, unless it is proved that they are spoiled or expired for human consumption on the date of purchase, or goods that are manufactured according to specifications determined by the consumer, as well as books, newspapers and magazines. 11. Not refunding the price of the goods or the service to the consumer; 12. Obliging the consumer to deal with specific financing or insurance companies; 13. Setting conditions for the need to carry out maintenance at the agency within a certain period of time, and not to perform any maintenance or repair outside the agency, taking into account the assessment of the concerned authority and the extent to which approved centres are available to carry out this type of maintenance in accordance with the requirements and requirements; and 14. The provider being not responsible for the goods while providing the service.

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