FEATURE / UAE supplier does not provide warranties for a period that is commensurate with the nature of the supplier ’ s service or the period of warranty agreed with the consumer including : » a full refund ; » a partial refund to represent the amount utilised of the service ; or » the provision of the service in the correct way as detailed in the relevant contract . Suppliers must also explicitly warn consumers of any potential harm caused by the rendered service , precautions to be taken and how to protect against or rectify any harm suffered through provision of the services .
Article 14 of the Regulations describes certain scenarios where a consumer may request spare parts for the operation and repair of commodities which suppliers must adhere to .
USED , DAMAGED AND REFURBISHED GOODS For suppliers that offer used , defective or renovated goods , Article 7 of the Regulations requires that the condition of such goods be clearly stated on the commodity itself , as well as the place where the supplier ’ s activities are practiced . Furthermore , the condition must be included on the invoice or contract between the supplier and consumer . Article 7 of the Regulations obligates suppliers to fully inform consumers of the state of what they are purchasing and not create a misleading impression of the commodity to the consumer .
EMERGENCY SITUATIONS Under Article 9 of the Law , the relevant government Minister was granted wide scope to “ take all necessary measures to protect and preserve the interest of Consumers from any harm ” in the event of any crisis , emergency circumstance or unusual condition in the internal or external markets .
Article 9 of the Regulations provides a list of interim measures the Minister may take with the aim to increase and protect consumers ’ rights in the event of a crisis or unusual circumstances that result in an “ exorbitant increase of prices .” The list includes : » determining the price of the commodity or service ; » prohibiting the export of a commodity ;
» determining sales quotas ; » encouraging the manufacture or import of goods from alternative sources ; » engaging specific bodies for imports of goods ; and » any other procedure as may be administered by the Minister .
Article 9 also lists several principles to be observed when determining what is considered to be an “ exorbitant increase ,” including inflation , exchange rates of foreign currencies , complaints filed by consumers and increases in energy prices .
E-COMMERCE E-commerce suppliers registered in the UAE are obligated to provide both consumers and relevant authorities with details about the supplier ’ s identity , pursuant to Article 25 of the Law . Article 40 of the Regulations has heightened this requirement by prescribing that standard specifications about the nature of the commodity being sold via the online trader should also be provided . It also places additional obligations on e-commerce suppliers to provide all applicable documentation to demonstrate a commodity ’ s conformity with relevant laws and include the relevant corresponding conformity mark on their website . In addition , Article 40 of the Regulations places the responsibility on the supplier for any failure in the commodity offered by any third-party who offers goods on the e-commerce supplier ’ s website . Given the additional obligations on suppliers and improved rights for consumers , both the Regulations and the Law must be reviewed together to ensure compliance .
1 . https :// bracewell . com / insights / consumerprotection-law-uae
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Text by : 1 . CHRIS WILLIAMS , partner , Bracewell LLP ( Dubai ) 2 . AMELIA BOWRING , associate , Bracewell LLP ( Dubai )
While the list included in Article 21 of the Law provides helpful guidance of what may be considered prohibitive , the list ’ s non-exhaustive nature and the general language used throughout the Law and the Regulations leaves it open to interpretation as to whether a condition could be considered detrimental to a consumer .”
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