RETURN OF DEFECTIVE GOODS IN THE UAE: KNOW YOUR CONSUMER RIGHTS

Tanish Amin
II Year, B.B.A. LL.B (H.), tanishamin2002@gmail.com

“Customers are the most important visitor on our premises, they are not dependent on us, we are
dependent on them. They are not an interruption in our work. They are the purpose of it. They are
not outsiders in our business. They are part of it; we are not doing them a favour by serving them.
They are doing us a favour by giving us an opportunity to do so.”
- Mahatma Gandhi

New Consumer Law -

The Federal Law No. 24 of 2006 on Consumer Protection was completely repealed by the new
consumer law, I.e. the Federal Law No. 15 of 2020 on Consumer Protection which came into force
on 16th of November, 2020. A well defined and comprehensive definition of consumer is laid out
under this law along with increment in the number of consumer rights.
Scope: The jurisdiction of the new law extends to free zones as well as all E commerce platforms
registered in the UAE. Apart from stricter regulations, increased penalties in case of breach of any
provision, defining obligations of the advertisers, commercial agents and supplier; the new law
stipulates Arabic to be used as an official language for all invoices (additional language can be
used), consumer related contracts and advertisements.

Consumer Rights -

Article 4 of the new law defines nine consumer rights. Apart from those rights, all the obligations
set out under the law are also described as consumer rights. Article four includes the following
rights which relates to defect and return of such goods -

1- Implementing the rights which helps a consumer choose the best/appropriate good/service
available from the market.

2- Any data regarding the consumer, it privacy and security is to be protected, and not exploiting it
for promotional  objectives.

3-  While transacting with any good or service during return or exchange, the customs, religious
values and traditions of the consumer are to be respected.

4 - Right to settlement of consumer issues in a fair and timely manner.

5 - Right to obtain fair compensation if any damage is caused due because of using or purchasing
the good or service.

Duties of seller -

1 - It is illegal for any store to put up various sign boards like no returns/ no exchange or refunds as
it is regarded as the right of the consumer to avail remedy if any product or good is damaged or
contains any defect.
2 - The seller or the retailer has to be transparent about all the terms and conditions associated with
the product and should help the buyer in exchange/return if there is any manufacturing defect in the
product.

3- Establishing a suitable and safe atmosphere for the purchase of a good or during the performance
of a service.

4- Acquiring accurate knowledge about the product the consumer buys, consumes or receives the
services.

5- Spreading awareness about the rights and obligations of the consumer.

Penalty:
Penalties are levied if any of the provisions of the new law is violated which can include
imprisonment from two months to two years and a monetary fine which can very from three
thousand dirhams to two million dirhams or twice the market value of the amount of goods or
services depending upon the gravity of the violation.

Consumer rights protection:

Steps taken by the Ministry of Economy -
The consumer protection department of the Ministry of Economy supervises the nations consumer
policy along with other concerned authorities, resolves complaints received from consumers and
fights monopoly through following the practices of fair competition in order to protect the rights of
consumers.
The ministry has also launched its hotline services to resolve consumer rights infringement issues
in an efficient manner.
In the year 2013, a new section of recalling damaged goods was introduced on the web portal of the
ministry to deal with manufacturers, retailers issue and also protect the rights of consumers.

Terms for Refund and Exchange -

There needs to be a very strong reason to return goods or demand for an exchange. Most of the
retailers have a refund/exchange policy wherein the receipt of the purchase should be presented and
such a request should be initiated within a specific time frame after the purchase is made. It is
usually between a fortnight to a month.

Consumers may return goods or ask for an exchange if the product has the following -

 The product sold does not function in the same manner as shown in the advertisement,
explained by the salesperson, or does not match with the samples shown.

 If there is any hidden manufacturing defect in the product which was not detected during
purchase.

 The consumers intended end use is not the same as described by the salesman when the
purchase was made.
It is quite important to protect the consumer rights and to know about your own consumer rights
which helps one become an informed consumer. Top lawyers in Dubai from the best law firms
could provide one with the right advice in case any of your consumer right is infringed.