Chapter Two - Consumer Interests
Section One – Health and Safety Safeguards
Article 4
“Goods” as referred in Article 7 of the Act shall mean the real estate or personal property in the business transaction, including final products, semi-finished products, raw materials, parts and components.
Article 5
“Goods or services provided meet and comply with the contemporary technical and professional standards with reasonably expected safety requirements” as referred in Paragraph 1, Article 7 of the Act shall be considered based on the following matters:
1. The information labels on the goods or services;
2. The reasonably expected use or acceptance of the goods or services; and
3. The point of time when placing the goods or rendering the services into the stream of commerce.
Article 8
“Repack” as referred in Paragraph 2, Article 8 of the Act shall mean the alteration, decrease, or increase of the contents or packages of the originally designed, produced or manufactured goods.
Section Two – Standard Contracts
Article 12
When the existence and legibility of the terms and conditions are affected due to the font, print or other matters, those terms and conditions shall not constitute as part of the standard contract; however, consumers may still propose that terms and conditions make up as part of the standard contract.
Article 13
The following factors as to the nature, purpose, other contract clauses, trade customs and relevant matters shall be taken under consideration when determining whether the terms and conditions of a standard contract meet the principles of good faith and contract conscionability,.
Article 14
The standard terms and conditions may be considered in violation of the principle of equality and reciprocity under any of the following matters:
1. The performance and counter-performance between the contracting parties is not reciprocal;
2. The consumer is required to assume the risk which is beyond his control;
3. The consumer is required to bear disproportionate damages in case of breaching the contract; or
4. Other matters pose obvious disadvantages to the consumer.
Article 15
Trader’s inclusion of the mandatory provisions set forth and proclaimed by the competent authorities at the central government into the standard contract shall still subject to the provisions related to standard contracts in the Act.
Section Three – Special Transactions
Article 17
When the goods received are damaged, lost or altered due to necessary inspection or matters not attributable to the consumers, consumers shall still be entitled the right to rescind the contract pursuant to Paragraph 1, Article 19 of the Act.
Article 18
Before receiving the goods or accepting the services, consumers shall be entitled to rescind the contract by giving written notification to the trader pursuant to Paragraph 1, Article 19 of the Act as well.
Article 21
Traders shall provide originals of the contract to each contracting parties pursuant to paragraph 1, Article 21 of the Act, in case guarantors are required by the contract, traders shall provide the same.
Article 22
“The amount of each installment” as referred in Subparagraph 2, Paragraph 2, Article 21 of the Act shall mean the installment payments with interest charges.
The interest rate set forth in an installment contract shall specify the method of calculation thereof and the amount of interest calculated by using the rate.
Other incidental charges shall be specified clearly in the installment contract and not be included into the installment payment for interest calculation purposes. The same provision shall be applied if traders agree to postpone the payment or let the consumer pay in installments.
Section Four – Consumer Information Provisions
Article 23
“Advertisement” as referred in Article 22 to 23 of the Act shall mean to the conduct to disseminating messages or content of promotion by means of television and radio broadcasting, films, slides, newspapers, magazines, flyers, posters, signboards, arches, computers, facsimiles, electronic video, electronic voice mail or others, to the general public.
Article 24
When competent authorities consider the advertisement contains false, exaggerated, sufficiently misleading information, which may affect the rights of consumers, the authorities may notify the traders to provide information in proving the claims made in such advertisement.
Article 25
“Labelling” as referred in Article 24 of the Act shall be marked at proper location so as to enable consumers to read the content of the label prior engaging the transactions and while using the goods or services.
Article 26
Traders shall still be responsible for ensuring the quality of goods or services provided, even when the traders fail to furnish written warranties described in Article 25 of the Act.