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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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Commercial Information Circulars

24-hour hotline: 23 922 922

Ref : EIC 230/5/2/2

7 August 1999

Dear Sirs,

Commercial Information Circular No. 119/99

European Union (EU) : Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees

 

The Department has received information that the EU has adopted a Directive on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees to provide uniform minimum protection for EU consumers. Details are set out in the Parliament and Council Directive 1999/44/EC of 25 May 1999 (the Directive), a copy of which is appended to this circular for reference.

DETAILS

Seller Liability

2.The Directive covers all consumer goods, defined as any tangible movable items, with the exception of water supply, gas supply, electricity, and goods sold by execution or authority of law. Major provisions are:

  1. The seller shall be liable to the consumer for any lack of conformity of the goods (which exists at the time of delivery) within two years from delivery.

Consumer Rights

  1. In the event of non-conformity, the consumer has the right to choose the remedy following a hierarchy : repair, replacement, price reduction or rescission of sales contract.
  2. In the first place, the consumer may demand repair or replacement of the defective goods, free of charge and within a reasonable period.
  3. The consumer may require an appropriate reduction of the price or have the contract rescinded if he is not entitled to repair or replacement, or the remedy has not been completed within a reasonable period or without significant inconvenience.

Time Limits

  1. The consumer must inform the seller any lack of conformity within two months from the date the lack of conformity is detected in order to benefit from his rights.
  2. Any lack of conformity which appears within six months of delivery is however presumed to have existed at the time of delivery.

Second-hand Goods

  1. For second-hand goods, the period for which the seller is liable to the non-conformity of goods can be shortened to one-year.

Producer Liability

  1. Producer liability is not covered in the Directive but the Commission will review the need for introducing the requirement. Meanwhile, the final seller is entitled to pursue remedies against the producer, a previous seller in the same chain of contracts or any other in the contractual chain.

Additional Producer and Seller Garantee

  1. Commercial guarantees offered voluntarily by the producer or seller will be legally binding and should follow the transparency obligations laid down in the Directive.

3.Members States are required to bring into force national regulations necessary to comply with the Directive by 1 January 2002. Member States which have already introduced more stringent provisions for consumer protection may however maintain their measures. The Commission will review application of the Directive and submit a report, including proposals for revision, to the Council and the Parliament by 7 July 2006.

ENQUIRIES

4.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

 

Yours faithfully,

(Miss Helen YUNG)

for Director-General of Trade

Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.