UAE is a thriving market with infinite opportunities for all stakeholders. An opportunity always comes with overwhelming challenges and threats. Similarly, as the market grows there is a need for a robust legal framework. UAE has understood the need for a legal framework to counter the challenges and threats. In the market of goods and products, it is quite common that defective, damaged, or faulty products appear. It is equally essential to maintain the quality and standard of the products. This is a serious concern for any consumer. Therefore legal structure is designed in a way to protect the consumers. The aim of the government of UAE is to ensure the public safety of potential customers. The laws and regulatory framework are designed to address the issues regarding defective, damaged, or faulty goods. There are numerous laws and rules that address this matter. For further news and legal support, please check with our lawyers in dubai.
Regulatory Body in UAE: ESMA
There is a regulatory body in the UAE that handles product safety in the country. Emirates Authority for Standardization and Metrology (ESMA) is responsible for enforcing the laws and strict safety standards. They look after the product’s safety and ensure it as well. Our lawyers
Emirates Authority for Standardization
Moreover, the Emirates Authority for Standardization and Metrology (ESMA) also ensures the exported and imported products are made according to the laws and regulations and meet the safety standards. However, the federal law of 2020 is the main one. The federal law on consumer protection ensures the safety of consumers against defective or damaged products. The rules are made to deal with the management and trading of faulty products all across the UAE. You can learn about this topic form our expert lawyers.
Federal Law on Consumer
The federal law on Consumer protection is central to safeguard the rights of the consumers in every aspect. A few of the main provisions include the right to safety, correct information, and the right to compensation. Firstly, the right to safety means that the consumer is entitled to a secure and safe product that fully meets the quality checks and safety standards. Secondly, the consumer must be given the correct, accurate, clear, and concise information about the product purchased. All the characteristics must be specifically mentioned over it. If there is any risk involved, it must be categorically stated over the product details.
Thirdly, the consumer has the full right to receive compensation in case of faulty, damaged, or defective products. The remedies must be given to the consumer. The federal law of 2006 is also based on Consumer protection. This law was superseded by the 2020 law. The 2020 law laid the foundation for modern consumer protection.
The new reforms were taken to introduce fair trade practices all around the UAE. Besides, it also caters to the varied needs of the business and companies to comply with product safety standards. Moreover, there is another law named the UAE Civil Code that holds companies and businesses liable for their actions.
UAE Civil Code
The UAE Civil Code is part of Federal law which was introduced back in 1985. This means the business is responsible for any damage, defect, or fault in a product or good. The law supports legitimate and valid claims on defective products. The claims might be regarding the breach of the contract, negligence in manufacturing or design, fraud, misinterpretation, and much more.
Consumers enjoy the rights of faulty, defective, and damaged products in the UAE.
They have extensive rights as per the law. The laws give rights to consumers including the right to refund, the right to compensation, the right to report, and the right to safe products. The end consumer can request a replacement, repaid, or refund for a faulty product. Besides, the business is bound under the law to provide refunds, replace, or repay them. Furthermore, the replacement or repayment is time-bound. This must be done within the given timeframe.
Additionally, the right to compensation means that it is the right of the consumer to seek monetary or non-monetary gains against defective, damaged, or faulty products. Any physical injury or property damage is included in compensation. Further, the consumer retains the full right to file the complaint. The complaint or query is launched with the concerned authority of the UAE.
MOE or Ministry of Economy
The Ministry of Economy or local consumer protection department is the relevant authority where locals can file a complaint. It is done if the grievances are not addressed properly by the supplier or company. Moreover, the consumer has the right to receive safe products that comply with UAE safety standards.
It is the duty of the companies, suppliers, and businesses to ensure that their products are safe and meet all the quality and safety standards. It is the responsibility of the suppliers and companies to ensure the products are produced in compliance with local and international safety standards.
Besides, to serve the purpose it is expected that they conduct time-to-time quality checks. By regularly conducting the safety and quality checks along with certifications, the compliance is ensured. It is the responsibility of the suppliers and companies to provide accurate, clear, and relevant information to the end consumer. Clear labeling on the product will serve the purpose. This may include the product’s basic details, utility instructions, expiry dates, potential risks, and more.
The suppliers and businesses must handle all the complaints and queries. They must establish a sound compliant mechanism. The mechanism must ensure that consumer complaints must be met promptly and fairly. The remedies for faulty products are necessary. It is advisable to connect to the seller, retailer, or manufacturer. It is necessary to notify the seller or manufacturer about the damage or defect.
This is required to request a solution to the query. Moreover, it is essential to provide proof of the purchase and thus documentation is required. Moving further, if the complaint remains unresolved then the matter can be escalated to the concerned authorities in the UAE. A complaint is filed with the Ministry of Economy or else with the Consumer Protection Department.
Submission of Reports
The Ministry of Economy will also require the submission of supporting documents to prove the purchase and defect. Consumers must provide supporting paperwork including the product information, purchase receipt, and evidence of the defect. In case, it does not work out, a lawsuit or litigation can be launched against the manufacturer, seller, or supplier. Seek guidance from a well-equipped lawyer who can guide you to launch a lawsuit.
Leave a Reply