CPA issues new regulations for promotions, draw prizes
Published: 07:03 AM,Mar 20,2022 | EDITED : 01:03 PM,Mar 20,2022
Muscat: The Consumer Protection Authority has banned the circulation of goods that contain phrases, images, slogans, or symbols if they are contrary to religious values, indecent, or against public morals or customs, trading in goods that come in indecent or obscene forms, misuse of goods or provision of services in a way that offends the customs and traditions.
The decision also states that the service provider must follow certain regulations when conducting promotional offers. which include:
1- Obtaining the approval of the concerned authority after coordinating with the authority to ensure that there are no misleading offers or advertisements, in accordance with the controls set by the authority, and providing the authority with a copy of the approval.
2- Providing a statement of the method of conducting promotional offers for the consumer and the advertising publications related to the offers.
3- A statement of the prizes, gifts, and benefits that will be offered to the winning consumers.
4- A statement of the sale price before and after the offer, and the sales invoices should be attached before the offer is made.
The text
The Consumer Protection Authority decision has issued a decision 1/2022, amending some provisions of the executive regulations of the Consumer Protection Law.
This decision shall be published in the Official Gazette and shall take effect from the day following the date of its publication.
Article (1) states that the texts of Articles (9), (15), (19) / Clause 12, (20), (21), (26), (35),) And (36), (41), and (43) of the executive regulations of the Consumer Protection Law to be replaced.
Article (9)
The consumer may, in the event of a dispute between him and the supplier, submit a complaint to the competent department on the form prepared for this purpose, accompanied by the evidence and supporting documents The silence.
The competent department shall decide on the complaint within 30 days from the date of the complaint
The competent department may seek the assistance of an expert to express his technical opinion and prepare the report on the matter.
The consumer shall bear the expenses of the expert’s fees, and in the event of a final court ruling in his favor, he is entitled to claim the expert’s fees.
Article (15)
If any of the goods listed in the Annex No 2 of the decision is defective, or if these goods do not conform to the standard specifications or the purpose for which the contract was made
The consumer may exchange the commodity, return it and recover its value without any additional cost, or
1 - The consumer requests the replacement of the commodity or its return and refund of its value 15 days from the date of receiving the commodity.
2- The consumer asks for the defect to be repaired during the warranty period.
3- The supplier submits proof of repair during the warranty period.
4- The consumer must provide proof of purchasing the commodity from the supplier.
5- The defect is not the result of the consumer’s misuse of the commodity
6- That the supplier provides the consumer with an alternative good that serves the same purpose - if he chooses
The consumer has to fix the defect - until the defect is fixed, and in case he fails to fix the defect.
The same defect is repaired three times, the commodity is replaced, or it is returned and the value refunded.
Deducting the depreciation value of the commodity in accordance with the controls set by the authority according to the choice of the consumer.
Article (19) Clause (12)
12- Fee for a good or service that is higher than the advertised price.
Article (20)
Any condition that relieves the supplier of his civil liability towards the consumer shall be considered void.
One of the following conditions, whether these conditions are included in contract forms or documents, business documents, purchase invoices, notes, advertisements, or memos
Commercial, on the front of the store, or printed on the goods:
1- Putting the phrase 'the merchandise sold is neither refundable nor exchangeable.
2- Determining a period of time to return the commodity (less than the legally specified).
3- No refund of the price of the good or service.
4- Directing the consumer to deal with specific financing or insurance companies, upon purchase.
5- Setting a condition for the supplier to receive the full price before delivering the commodity or providing the service.
Under the contract, if the delivery of the commodity or the provision of the service does not take place by mere contracting.
6 - Set conditions for the necessity of carrying out maintenance or repair of cars at the agency during a period of time.
A certain period of time, and not to perform any maintenance or repair outside the agency.
7- That the guarantee is limited to the commodity itself, without the guarantor bearing the wages of the labor force.
And other additions related to the same commodity.
8- The supplier is not responsible for the commodity during the maintenance period.
9- Any statement made by the provider to evade responsibility.
10 - Giving the supplier the right to amend or terminate the contract without the consent of the consumer.
11- Include a clause in the contract that the price of the commodity is determined upon delivery or that the price of the service
From the concerned authorities, in addition to the following conditions:
1- Conformity of the commodity to the standard specifications.
2 - Availability of quality elements, in order to ensure the achievement of the desired purpose of the good or service.
3- The commodity or service is free from any dangers or harms that affect the safety and health of the consumer or his money.
In all cases, the provider must submit a certified report proving this upon request
Article (26)
Without prejudice to the provisions of Article (21) of the law, it is prohibited to do the following:
1 - Trading in commodities that contain what transcends the divine laws, phrases, or pictures, emblems, or symbols, if they are inappropriate to religious values, or deceptive.
For modesty, or contrary to public morals, or customs.
2- Circulation of commodities that are immoral or immoral.
3- Misuse of goods or provision of services in a way that dishonors public decency or violates public morals.
Public morals or customs and traditions.
Article (35)
The supplier must, before conducting the promotions, abide by the following:
1 - Obtaining the approval of the concerned authority after coordinating with the authority to ensure that there is no misleading offers or advertisements, according to the controls set by the authority, and providing the Authority with a copy of the consent.
2 - Provide a statement on the method of conducting consumer promotions and advertising publications,
3- A statement of the prizes, gifts, and features that will be offered to the winning consumers.
4- A statement of the sale price before and after the offer, and the sales invoices should be attached before the offer is made.
The supplier must, before making discounts on the prices of goods and services, abide by the following:
1 - Obtaining the approval of the concerned authority, after coordinating with the authority, to verify prices.
According to the controls set by the authority, provide the authority with a copy of the approval.
2 - Provide a list of the number of goods available for each type on which he wishes to establish discounts.
3- A clear and legible statement of the selling price before and during the sale period for each commodity.
The reduction ratio.
4- A statement of the sale price after the discounts and the sales invoices should be attached before the discounts were made.
Article (41)
Without prejudice to the provision of Article (35) of the law, and applicable laws, regulations, and decisions.
With it, the competent administration, after completing the investigation and research procedures and collecting inferences, must:
Actions:
1 - Warning the violator to amend his conditions and remove the violation immediately or within a period of time to be specified
for him.
2- Imposing an administrative fine in accordance with the provisions of the regulations and decisions issued in this regard.
3- Referring the violation to the Public Prosecution.
4- File the complaint administratively in any of the following cases:
A - If the violation is not proven.
b- The incident is untrue, or is not punishable by law.
C - Insufficient evidence.
d- If the violation does not fall within the jurisdiction of the Authority.
E - malicious complaints.
f- The violation is not important, or what justifies it occurred in its circumstances.
g- Friendly settlement.
H - The complainant's waiver.
I - Not to review the complaint within thirty (30) days from the date of submitting it to it
Anyone who violates the provisions of this regulation with an administrative fine, not exceeding RO1,000.
The penalty shall be doubled in the event of a repetition of the violation.
In the event that the violation continues, an administrative fine of not more than RO50 will be imposed.
For each day in which the violation continues, provided that its total does not exceed RO2, 000.
Without prejudice to the rights of the consumer and the obligations of the provisions stipulated in the law and these are:
The provider, advertiser, and agent located within the Sultanate of Oman or his representative shall
Or an agent inside it - in the case of a remote contract - to abide by the following:
1 - Obtaining the approval of the concerned authority.
2- Displaying the commodity in the electronic medium in its real form.
3- Determining the place, date, and method of delivery of the commodity.
4- Laying down a clear policy for replacement and retrieval without prejudice to the provisions of the law and this
the list.
Article (4)
Articles (45, 46, 47, 48, 49, 50, 51, and 52) shall be repealed from the regulations.
Implementation of the Consumer Protection Law referred to
The decision also states that the service provider must follow certain regulations when conducting promotional offers. which include:
1- Obtaining the approval of the concerned authority after coordinating with the authority to ensure that there are no misleading offers or advertisements, in accordance with the controls set by the authority, and providing the authority with a copy of the approval.
2- Providing a statement of the method of conducting promotional offers for the consumer and the advertising publications related to the offers.
3- A statement of the prizes, gifts, and benefits that will be offered to the winning consumers.
4- A statement of the sale price before and after the offer, and the sales invoices should be attached before the offer is made.
The text
The Consumer Protection Authority decision has issued a decision 1/2022, amending some provisions of the executive regulations of the Consumer Protection Law.
This decision shall be published in the Official Gazette and shall take effect from the day following the date of its publication.
Article (1) states that the texts of Articles (9), (15), (19) / Clause 12, (20), (21), (26), (35),) And (36), (41), and (43) of the executive regulations of the Consumer Protection Law to be replaced.
Article (9)
The consumer may, in the event of a dispute between him and the supplier, submit a complaint to the competent department on the form prepared for this purpose, accompanied by the evidence and supporting documents The silence.
The competent department shall decide on the complaint within 30 days from the date of the complaint
The competent department may seek the assistance of an expert to express his technical opinion and prepare the report on the matter.
The consumer shall bear the expenses of the expert’s fees, and in the event of a final court ruling in his favor, he is entitled to claim the expert’s fees.
Article (15)
If any of the goods listed in the Annex No 2 of the decision is defective, or if these goods do not conform to the standard specifications or the purpose for which the contract was made
The consumer may exchange the commodity, return it and recover its value without any additional cost, or
1 - The consumer requests the replacement of the commodity or its return and refund of its value 15 days from the date of receiving the commodity.
2- The consumer asks for the defect to be repaired during the warranty period.
3- The supplier submits proof of repair during the warranty period.
4- The consumer must provide proof of purchasing the commodity from the supplier.
5- The defect is not the result of the consumer’s misuse of the commodity
6- That the supplier provides the consumer with an alternative good that serves the same purpose - if he chooses
The consumer has to fix the defect - until the defect is fixed, and in case he fails to fix the defect.
The same defect is repaired three times, the commodity is replaced, or it is returned and the value refunded.
Deducting the depreciation value of the commodity in accordance with the controls set by the authority according to the choice of the consumer.
Article (19) Clause (12)
12- Fee for a good or service that is higher than the advertised price.
Article (20)
Any condition that relieves the supplier of his civil liability towards the consumer shall be considered void.
One of the following conditions, whether these conditions are included in contract forms or documents, business documents, purchase invoices, notes, advertisements, or memos
Commercial, on the front of the store, or printed on the goods:
1- Putting the phrase 'the merchandise sold is neither refundable nor exchangeable.
2- Determining a period of time to return the commodity (less than the legally specified).
3- No refund of the price of the good or service.
4- Directing the consumer to deal with specific financing or insurance companies, upon purchase.
5- Setting a condition for the supplier to receive the full price before delivering the commodity or providing the service.
Under the contract, if the delivery of the commodity or the provision of the service does not take place by mere contracting.
6 - Set conditions for the necessity of carrying out maintenance or repair of cars at the agency during a period of time.
A certain period of time, and not to perform any maintenance or repair outside the agency.
7- That the guarantee is limited to the commodity itself, without the guarantor bearing the wages of the labor force.
And other additions related to the same commodity.
8- The supplier is not responsible for the commodity during the maintenance period.
9- Any statement made by the provider to evade responsibility.
10 - Giving the supplier the right to amend or terminate the contract without the consent of the consumer.
11- Include a clause in the contract that the price of the commodity is determined upon delivery or that the price of the service
From the concerned authorities, in addition to the following conditions:
1- Conformity of the commodity to the standard specifications.
2 - Availability of quality elements, in order to ensure the achievement of the desired purpose of the good or service.
3- The commodity or service is free from any dangers or harms that affect the safety and health of the consumer or his money.
In all cases, the provider must submit a certified report proving this upon request
Article (26)
Without prejudice to the provisions of Article (21) of the law, it is prohibited to do the following:
1 - Trading in commodities that contain what transcends the divine laws, phrases, or pictures, emblems, or symbols, if they are inappropriate to religious values, or deceptive.
For modesty, or contrary to public morals, or customs.
2- Circulation of commodities that are immoral or immoral.
3- Misuse of goods or provision of services in a way that dishonors public decency or violates public morals.
Public morals or customs and traditions.
Article (35)
The supplier must, before conducting the promotions, abide by the following:
1 - Obtaining the approval of the concerned authority after coordinating with the authority to ensure that there is no misleading offers or advertisements, according to the controls set by the authority, and providing the Authority with a copy of the consent.
2 - Provide a statement on the method of conducting consumer promotions and advertising publications,
3- A statement of the prizes, gifts, and features that will be offered to the winning consumers.
4- A statement of the sale price before and after the offer, and the sales invoices should be attached before the offer is made.
The supplier must, before making discounts on the prices of goods and services, abide by the following:
1 - Obtaining the approval of the concerned authority, after coordinating with the authority, to verify prices.
According to the controls set by the authority, provide the authority with a copy of the approval.
2 - Provide a list of the number of goods available for each type on which he wishes to establish discounts.
3- A clear and legible statement of the selling price before and during the sale period for each commodity.
The reduction ratio.
4- A statement of the sale price after the discounts and the sales invoices should be attached before the discounts were made.
Article (41)
Without prejudice to the provision of Article (35) of the law, and applicable laws, regulations, and decisions.
With it, the competent administration, after completing the investigation and research procedures and collecting inferences, must:
Actions:
1 - Warning the violator to amend his conditions and remove the violation immediately or within a period of time to be specified
for him.
2- Imposing an administrative fine in accordance with the provisions of the regulations and decisions issued in this regard.
3- Referring the violation to the Public Prosecution.
4- File the complaint administratively in any of the following cases:
A - If the violation is not proven.
b- The incident is untrue, or is not punishable by law.
C - Insufficient evidence.
d- If the violation does not fall within the jurisdiction of the Authority.
E - malicious complaints.
f- The violation is not important, or what justifies it occurred in its circumstances.
g- Friendly settlement.
H - The complainant's waiver.
I - Not to review the complaint within thirty (30) days from the date of submitting it to it
Anyone who violates the provisions of this regulation with an administrative fine, not exceeding RO1,000.
The penalty shall be doubled in the event of a repetition of the violation.
In the event that the violation continues, an administrative fine of not more than RO50 will be imposed.
For each day in which the violation continues, provided that its total does not exceed RO2, 000.
Without prejudice to the rights of the consumer and the obligations of the provisions stipulated in the law and these are:
The provider, advertiser, and agent located within the Sultanate of Oman or his representative shall
Or an agent inside it - in the case of a remote contract - to abide by the following:
1 - Obtaining the approval of the concerned authority.
2- Displaying the commodity in the electronic medium in its real form.
3- Determining the place, date, and method of delivery of the commodity.
4- Laying down a clear policy for replacement and retrieval without prejudice to the provisions of the law and this
the list.
Article (4)
Articles (45, 46, 47, 48, 49, 50, 51, and 52) shall be repealed from the regulations.
Implementation of the Consumer Protection Law referred to