Question: I recently bought a pair of skating shoes for my daughter, but they broke within four days. I returned them to the shop, hoping for a replacement, but they only repaired them. The shoes were clearly faulty and unsafe for my daughter, but they refused to give me a replacement. Is this legal? How can I address this?
Answer: Under UAE law, consumer rights are protected, and there are specific regulations addressing defective or malfunctioning products. Here's what you need to know and do in your situation:
Definitions and Legal Basis
Defect: According to Article 1 of Federal Law No. 15 of 2020 on Consumer Protection (the ‘UAE Consumer Protection Law’), a defect is defined as a lack of quality, quantity, efficiency, or a discrepancy in the product's external shape, size, or components due to errors in design, manufacture, production, or provision. This defect should not result from the consumer's actions.
Malfunction: A malfunction refers to any issue affecting the product after its production, potentially harming the consumer or depriving them of its full benefit, provided it is not due to the consumer's actions.
Warranty Obligations
Warranty Documentation: Article 6(2) of Cabinet Decision No. 66 of 2023 mandates that sellers must provide a warranty document, either separately or within the invoice.
Implementation of Warranty: Article 10(1) of the UAE Consumer Protection Law obligates suppliers to honor warranties, provide spare parts and maintenance, replace defective products, or refund their value, along with offering after-sales service within a specified time.
Addressing Defects
If a product is found to be defective or dangerous, the supplier must inform the UAE Ministry of Economy (MOEC) and take steps to withdraw the product from the market, replace it, repair it, or refund the consumer. This is outlined in Articles 11 and 12 of the UAE Consumer Protection Law.
- Article 11: Requires suppliers to notify MOEC and recall products if a defect or danger is discovered.
- Article 12: Mandates that suppliers repair or replace defective products, or refund the price, as specified by the law.
Your Next Steps
- Contact the Seller: Reiterate your request for a replacement based on the product's defect and refer to the relevant consumer protection laws.
- File a Complaint: If the seller refuses, you can report the issue to the MOEC and file a consumer complaint against the seller.
- Consumer Protection Law: Federal Law No. 15 of 2020 and Cabinet Decision No. 66 of 2023 support your rights in this situation.
By following these steps, you can ensure that the issue with the faulty skating shoes is addressed according to UAE law, safeguarding your consumer rights.
News Source: Khaleej Times
