Dr. Mostafa Madbouli, Prime Minister, promulgated the executive regulations of the Consumer Protection Law, promulgated by Law No. 181 of 2018. The regulation is issued to regulate the work of the law to protect consumer rights and prevent harmful and negative practices in the markets.
The provisions of the executive regulations included consumer rights and the obligations of the supplier and the advertiser. The supplier committed to ensure the rules of health, safety and quality standards in its products according to the standard specifications, and to inform the consumer clearly of all the essential data about the products, in particular the source of the product and its components, Including the name of the commodity, the country of origin, the name of the product or importer, the date of production, and the shelf life of the goods having a period of time for the validity of the goods. Consumption, trading and storage conditions, mode of use and duration of warranty for the goods covered by the warranty.
The executive regulations also stipulate that the supplier shall comply in cases where the misuse of the product may harm the health and safety of the consumer by placing on the product what shows the correct method of using it and how to prevent potential damages and how to remedy them in case of occurrence.
The supplier or advertiser is committed to avoiding any deceptive behavior when such behavior is based on any element that includes the nature, origin or weight of the commodity, its price, the characteristics of the product, the point of production of the product or service, and the quality marks obtained by the product. In accordance with the Regulations, the Supplier is obliged to deliver to the consumer an invoice confirming the transaction or contracting with him on the product. In case of agreement with the consumer, he is obliged to reserve a product to provide the customer with a receipt. The suppliers are prohibited from hesitating on the units to display or sell the products without prior and explicit request. Of the consumer.
In accordance with the provisions of the Regulations, the consumer shall have the right to replace or return the commodity with a refund of its cash value without giving any reasons and without incurring any expenses within 14 days of receiving it without prejudice to any legal guarantees or conditions or better consumer agreement, The item is subject to rapid damage, or no longer in the same condition as it was at the time of sale. The supplier shall abide by a statement issued by the Authority in a visible place within the places of display of the products, explaining the rights of the consumer, and the supplier shall, within a maximum period of seven days of discovery or knowledge of a defect in the product, inform the device of this defect and its potential damages. The supplier is also committed to providing authorized service and maintenance centers and original or approved spare parts for imported or locally produced goods.
The provisions of the Implementing Regulations also stipulate that the supplier shall comply with the guarantee of durable goods against the defects of the industry for at least two years from the date of the consumers receipt of the goods. The warranty includes inspection, inspection, repair and original spare parts, transportation expenses of the technicians, The companys headquarters or maintenance center and its return after repair, including installation and operating expenses. The service and maintenance centers shall inform the consumer of the necessary maintenance and repair work for the product, the period of repair and its cost, and obtain its approval for such works before they are carried out. The supplier shall undertake to replace the product with new ones of the same type and specifications or to refund them at no cost to the consumer. In the same defect item more than twice during the first year of the date of receipt.
The executive regulation of the Consumer Protection Law also regulates the work of the Consumer Protection Agency, which is managed by a board of directors, which is the dominant authority in its affairs and decisions to achieve its objectives. In particular, it approves the policies and strategies of the consumer rights protection system, Its financial and administrative affairs, the establishment of an organizational structure for the Authority that is commensurate with its activities and the areas of its work, and the formation of committees to examine disputes between consumers and suppliers or advertisers resulting from the application of the provisions of the law.
The employees of the Agency, who shall be determined by a decision of the Minister of Justice on the proposal of the Board of Directors of the Authority, shall have the status of judicial control in the application of the provisions of the law and the law for the suppression of fraud and fraud. The employees of the agency who have the status of judicial control must carry a identification card that includes their data, they must reveal their identity and they have the right to have access to the books, records and documents with any governmental or non-governmental entity, and to obtain the necessary information and data to examine the complaints and cases presented to the system, All places for sale or deposit of products subject to the provisions of the law, and taking samples, examination and analysis.
The Regulations also specify the Rules for the submission of Complaints and the procedures for examining and disposing of them. It states that consumers and consumer protection societies may file a complaint with the Consumer Protection Authority in the event of any violation of the provisions of the law. The complaint shall be submitted to the Authority by means of one of the means specified by it, The complaint shall be accompanied by the data and documents specified by the agency, which shall examine the complaints received and verify all the required data and submit them to the competent department for investigation. Complaints affecting the health and safety of consumers shall be submitted to the head of the agency or the executive director to take the necessary measures.
In cases where there is a dispute between the supplier and the consumer and the advertiser about the application of the provisions of the law or the right of the consumer to replace the commodity or refund the value in accordance with the provisions of the law and this regulation, the executive regulation stipulates that the matter be referred to the authority to issue a binding decision