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Cap. 378 · Consumer Affairs Act (Cap. 378)

Cap. 378 ст. 51AInterpretation.

Title I

ДействуетОфициальный текст

In this Title, unless the context otherwise requires:

"administrative provision" means any provision in a measure issued by any government Ministry or department, local authority or any other public body which is binding on the person to whom it is addressed, including any order, licence, permit, warrant or decision; "code of conduct" means an agreement or set of rules not imposed by law or administrative provision which defines the behaviour of traders who undertake to be bound by the code in relation to one or more particular commercial practices or business sectors; "code owner" means any entity, including a trader or group of traders, which is responsible for the formulation and revision of a code of conduct and, or for monitoring compliance with the code by those who have undertaken to be bound by it; "commercial practice" means any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers; whether it takes place before, during or after a commercial transaction in relation to the product; "invitation to purchase" means a commercial communication which indicates characteristics of the product and the price in a way appropriate to the means of commercial communication used, which is such as to induce a consumer to make a purchase; "online marketplace" means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers;

"product" means any good or service including immovable property, digital service and digital content, as well as rights and obligations; "professional diligence" means the standard of skill and care which a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and, or the general principle of good faith, in the trader’s field of activity;

"ranking" means the relative prominence given to products, as presented, organised or communicated by the trader, irrespective of the technological means used for such presentation, organisation or communication; "regulated profession and regulated professional activity" has the same meaning assigned to it in the Mutual Recognition of Qualifications Act;

"to materially distort the economic behaviour of a consumer" means using a commercial practice to appreciably impair the consumer’s ability to make an informed decision, thereby causing the consumer to take a transactional decision that he would not have taken otherwise;

"trader" means any natural person or any legal person who, in commercial practices covered by this Title, is acting for purposes relating to his trade, business, craft or profession and includes anyone acting in the name or on behalf of a trader; "transactional decision" means any decision taken by a consumer concerning whether, how and on what terms -

(i) to purchase a product, or

(ii) to make payment in whole or in part for a product, or

(iii) to retain or dispose of a product, or

(iv) to exercise a contractual right in relation to the product, whether the consumer decides to act or to refrain from acting; "undue influence" means exploiting a position of power in relation to the consumer so as to apply pressure even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.

История изменений
  • Amended by XIII.2022.5