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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/04/26 18:10
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Chapter Law Content

Chapter Five - Handling Consumer Disputes
Section One - Complaint and Mediation
Article 43
When a consumer dispute arises between consumers and traders relating to goods or services, consumers may file a complaint with the traders, consumer advocacy groups, or consumer service centers or their branch offices.
Traders shall properly handle consumer complaints within 15 days.
If the complaints referred to in the first paragraph has not been properly responded to, a further complaint with the consumer ombudsmen of the municipal governments or the county (city) governments can be made.
Article 44
If the consumer complaints referred to in the preceding Article are still not properly responded to, mediation can be made with the consumer dispute mediation commission of the municipal governments or the county (city) governments.
Article 44-1
The acceptance, procedures and other relevant matters for the mediation concerning consumer dispute as set forth in the preceding Article shall be regulated by the Executive Yuan.
Article 45
The municipal governments or the county (city) governments shall each establish a consumer dispute mediation commission consisting of 7 to 21 commissioners.
Commissioners referred to in the preceding paragraph shall be representatives of the municipal governments or the county (city) governments, consumer ombudsmen, and representatives of consumer advocacy groups, and representatives of the professional groups to which traders belong or to which they are related, scholars and experts, and the consumer ombudsman shall be the chairman. The organization of such commission shall be separately prescribed.
Article 45-1
The mediation shall be conducted at the offices of the municipal governments or the county (city) governments or the other appropriate venues, and the mediation may be closed to the public.
Commissioners of mediation, coordinating mediators and other staff who are responsible for mediation must keep the contents of mediation confidential unless those contents have already been disclosed.
Article 45-2
Regarding the mediation of consumer dispute, if the parties cannot reach an agreement but have narrowed their differences of opinion, the commissioners of mediation may offer a mediation proposal within and not against the scope of each party's main intent after considering all situations to balance the benefits between parties and deliver it ex officio to the parties.
The proposal set forth in the preceding paragraph must be approved by more than half of all mediation commissioners who attended the mediation, and in which the appeal period and the legal consequence of failure to file appeal within the time limit as set forth in Article 45-3 must be specified.
Article 45-3
Parties may appeal against the mediation proposal set forth in the preceding Article the specified 10 days after being served.
Where an appeal is brought within the preceding time limit, the mediation shall be presumed to have not been sustained; where no appeal is brought within the preceding time limit, the mediation shall be presumed to have been sustained.
Regarding the appeal set forth in the first paragraph, the consumer dispute mediation commission shall inform the other party of it.
Article 45-4
Where the mediation of consumer disputes regards to small transactions, if one party fails to appear at a scheduled mediation session without due cause, the mediation commissioners shall render a mediation proposal ex officio or upon application of the other party, and deliver it to the parties.
The mediation proposal set forth in the preceding paragraph must be approved by more than half of all mediation commissioners, and in which the appeal period and the legal consequence of failure to file appeal within the time limit as set forth in Article 45-5 must be specified.
The delivery as described in the first paragraph shall not follow the rules governing conveyance by public announcements.
The small transaction as described in the first paragraph shall be proclaimed by the Executive Yuan.
Article 45-5
Parties may file an appeal against the mediation proposal set forth in the preceding Article within the specified 10 days after being served; where no appeal is brought within the time limit, the mediation shall be presumed to have been sustained.
If one party bring an appeal within the time limit and the mediation commissioners have rescheduled a mediation but the party fails to appear at the rescheduled mediation session without due cause, the mediation shall be presumed to have been sustained.
Article 46
Where mediation is successfully sustained, the letter of mediation must be made in writing.
The provisions of Articles 25 to 29 of the Township and County-Administered City Mediation Act shall apply, mutatis mutandis, to the execution and validity of the letter of mediation referred to in the preceding paragraph.
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