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Chapter Law Content

Chapter One - General Principles
Article 1
The Consumer Protection Act (hereinafter “this act”)is enacted for the purposes of protecting the interests, facilitating the safety, and improving the quality of life of the consumers.
In the event of the consumers protection shall follow the provisions of this act, and where this act does not provide, other laws shall prevail.
Article 2
For the purpose of this act, the following definitions shall apply:
1. "Consumer" means any person who in relation to a commercial practice, is acting for purposes of consumption to make transactions in exchange for goods or services.
2. “Trader" means any person who in relation to a commercial practice, is acting for purposes relating to his business in designing, producing, manufacturing, importing or distributing goods, or providing services.
3. "Consumer relationship" means the legal relationship arising between consumers and traders for the sale of goods or provision of services.
4. “Consumer dispute" means any dispute arising from the sale of goods or provision of services between consumers and traders.
5. "Consumer litigation" means any legal action pursued to the court arose from consumer relationship.
6. "Consumer advocacy group" means any legal person established in accordance with laws and regulations for the purpose of defending consumer rights.
7. “Standard terms and conditions” means standard contract clauses unilaterally prepared by traders for entering into contracts with consumers not limited in writing, in any form or by any means, including, but not limited to, via showing captions on the screens, flyers, public postings, and the Internet.
8. “Individually negotiated terms” means contract terms and conditions made individually negotiated with meeting of the minds between the parties.
9. “Standard contracts” means the standard terms and conditions prepared by traders which are fully or partially adopted in the contract between the parties.
10. “Distance sales” means the transaction is made via radios, television broadcasts, telephones, facsimiles, catalogs, newspapers, magazines, the Internet, flyers, or any other similar channels, which consumer does not have opportunity to review the goods or services.
11. “Door-to-door sales” means a sale of goods or services which the traders or his representatives solicit the sale, and the consumer’s agreement or offer to purchase is made at consumer’s residence, workplace, public places or any other places.
12. “Installment sales” means the type of transaction under a sales contract in which the consumer is required to pay a down payment, with the balance to be paid in installments, and the trader shall deliver the subject matter to the consumers upon receipt of the down payment.
Article 3
Government shall implement the following measures to achieve the legislative intent of this act by periodically reviewing, coordinating and improving upon their relevant regulations and enforcement:
1. Maintaining the quality, safety and sanitation of the goods or services.
2. Preventing that the goods or services do not cause damages to consumer’s life, body, health, property or other legitimate interests.
3. Ensuring that the labeling of goods or services is compliant with laws and regulations.
4. Ensuring that the advertising of goods or services is compliant with laws and regulations.
5. Ensuring that the weights and measures of goods or services are compliant with laws and regulations.
6. Facilitating the price for goods or services remain reasonable.
7. Promoting the fair packaging of goods.
8. Encouraging fair trade in goods or services.
9. Funding and fostering consumer advocacy groups.
10. Coordinating the handling of consumer disputes.
11. Promoting consumer education.
12. Providing consumer consulting services.
13. Other protective measures necessary for the development of consumer life.
Government shall enact relevant laws and regulations to achieve the foregoing legislative intent.
Article 4
For the goods or services provided, traders shall emphasis on the importance of consumer health and safety, offer proper instructions, provide adequate and accurate information to ensure fair transaction, and take measures necessary to protect consumers.
Article 5
Government, traders and consumers shall endeavor together to enrich consumer information which could assist consumers to take appropriate and reasonable decisions accordingly in the protection of their safety and interests.
Article 6
The competent authorities defined by this act at the central government level shall be the competent authorities having primary jurisdictions; at the municipal levels shall be the municipal governments and at the county or city levels shall be the county and city governments.