Consumer Rights Act 2013



  • CONSUMER RIGHTS ACT

    Proposed by Angleter :: Passed (8-0), March 3rd, 2013 :: Unamended


    SECTION I. PURPOSE AND DEFINITIONS

    1. This Act intends to define and protect the rights of consumers across the European Union.

    2. For the purposes of this Act, we define the used terms as follows:
      a. ENTITY – an individual, group, or organisation.
      b. CONSUMER – an entity that is the final purchaser and user of a good, service, or facility.
      c. RETAILER – an entity that sells goods, services, or facilities to the consumer.
      d. WHOLESALER – an entity that sells goods, services, or facilities to entities other than the consumer.
      e. MANUFACTURER – an entity that produces goods, services, or facilities, and sells them either to the consumer or to any other entity.
      f. TRADE DESCRIPTION – an indication, direct or indirect, of any physical characteristic, of any testing and its results, or of the provenance and history, of a good, service, or facility.

    3. This Act does not prevent any individual nation from imposing its own addition consumer protection laws, provided that they do not conflict with the provisions of this Act.


    SECTION II. TRADE DESCRIPTIONS

    1. Retailers are prohibited from selling goods, services, or facilities to consumers under a misleading or false trade description.

    2. Wholesalers and manufacturers are prohibited from selling goods, services, or facilities under a misleading or false trade description.

    3. Retailers, wholesalers, and manufacturers are prohibited from selling goods, services, or facilities under misleading or false indications about price.

    4. Samples of goods, services, and facilities provided with an intention to sell must be representative of the good, service, or facility as a whole.


    SECTION III. CONSUMER PROTECTIONS

    1. Any retailer, wholesaler, or manufacturer that is selling a good, service, or facility must have the right to sell such.

    2. Notwithstanding the dangers to be expected from certain goods, services, or facilities – such as a knife being sharp, or hot running water being hot – all goods for domestic use by consumers must pass any applicable safety standards.

    3. In the event that a consumer suffers any notable loss or harm due to a defective new good, service, or facility, then the retailer of that good, service, or facility shall be liable.


    SECTION IV. LIABILITY AND NON-COMPLIANCE

    1. Breaching the provisions of Section II is to be an actionable offence in the nation that the breach took place. The consumer is also entitled to compensation, either in the form of refund, compensation, or exchange.

    2. If a retailer, wholesaler, or manufacturer is to be found breaching s. III(1), they shall be ordered to cease to do so immediately. Failure to comply with such an order is to be an actionable offence in the nation that the offence took place.

    3. A consumer has the right to demand a refund or exchange from a retailer in the event of a breach of s. III(2). Denial of this right shall be a civil offence, subject to pursuit by the offended consumer in their home nation.

    4. In the event of a major multinational breach of any of the provisions of this Act, the claimants or prosecutors are free to press their case on a region-wide basis before the European Court of Justice.


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