Consumer Protection Act, 2010
Act 30 of 2010
- Assented to on 25 November 2010
- Commenced on 29 November 2010
- [This is the version of this document at 31 December 2015.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Consumer Protection Act, 2010.
Part II – Fair Trading Commission
3. AdministrationThe Commission is responsible for the administration of this Act and shall carry out its responsibility with the objective of promoting and advancing the welfare of consumers by—
4. FunctionsThe Commission shall have such powers as are necessary to enable it to effectively carry out its responsibilities and may, in particular—
6. Investigations by Commission
7. Discontinuation of investigation
8. ReportWithin 30 days after the conclusion of an investigation, the Chief Executive Officer of the Commission shall submit a report of the investigation to the Commission.
9. Convening of hearings
Part III – Unfair contract terms
10. Interpretation of this Part and ScheduleIn this Part and the Schedule—"consumer contract" means a contract between a supplier and a consumer where the contract is one—(a)governed by the written laws of Seychelles or to which section 17 applies; and(b)in which the subject-matter is consumer goods or services;"contract term" means a term in a consumer contract, being a term that has not been individually negotiated within the meaning of section 11.
11. Terms not individually negotiated
12. Burden of proofIt is for a supplier which claims that a contract term was individually negotiated to show that it was so negotiated.
13. Written terms to be plain and intelligible
14. Unfair termsA contract term is unfair if it causes a significant imbalance in the rights of the supplier and the consumer and is to the detriment of the consumer.
15. Assessment of unfairness
16. Effect of unfair termAn unfair contract term is not enforceable against a consumer.
17. Governing lawNotwithstanding any term in a consumer contract that the governing law of the contract is the law of a country other than Seychelles, or a term to the like effect, this Part shall apply to that contract.
18. Application of this Part
Part IV – Unfair trade practices
Disclosure and information
19. Information to be in plain and understandable language
20. Disclosure of prices of goods and services
21. Selling above displayed price and dual pricing
22. Product labelling and trade descriptions
23. Liability for damage caused by goods not complying with prescribed trade description requirementsWhere a person supplies goods in contravention of section 22(8) by reason that no trade description is applied to the goods or the trade description applied to the goods do not comply with prescribed information, and—
24. Expiry dates
25. Sales records
26. Full cost to be stated in certain casesA person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply of goods or services, make a representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of the goods or services, unless—
Fair and responsible marketing
27. Bait advertising
28. Distance selling
29. Referral sellingA person shall not, in trade or commerce, as a supplier, induce a consumer to acquire goods or services under a contract by representing that the consumer will, after the contract is made, receive a rebate, commission or other benefit in return for giving that person the names of prospective customers or otherwise assisting that person to supply goods or services to other consumers, if the receipt of the rebate, commission or other benefit is contingent on an event occurring after the contract is made.
Fair and honest dealing
30. Misleading or deceptive conduct
31. Misleading or deceptive conduct in relation to goods and servicesA person shall not, in trade or commerce in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services, engage in conduct that is liable to mislead or deceive the public as to—
32. False representationsA person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services—
33. Inequitable conduct in consumer transactions
34. Inequitable conduct in business transactions
35. Offering gifts and prizesA person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply of goods or services, offer a gift, prize or other free item with the intention of not providing the gift, prize or other free item as offered.
36. Dishonestly accepting paymentA person shall not, in trade or commerce, as a supplier, accept payment or other consideration for goods or services where at the time of the acceptance—
37. Pyramid selling scheme
Right to choose
38. Unsolicited goods or services
Part V – Fair value, good quality and safety
39. Interpretation of this Part
40. Standards for performance of services
41. Liability for damage due to failure to perform services to required standard
42. Warranty for unsuitable, defective and unsafe products
43. Warranty on repaired goods
44. Warning concerning fact and nature of risks
45. Liability for damage caused by unsafe, unsuitable and defective goods
46. Unidentified manufacturer
47. Prohibition of exclusion of liabilityThe liability of a person by virtue of this Part to a person who has suffered damage caused wholly or partly by an unsuitable or defective product, or to a dependant or relative of such a person, shall not be limited or excluded by any contract term, notice or any other written law.
48. Jurisdiction and time limit for bringing action
Part VI – Consumer safety
49. Interpretation of this Part
50. General safety requirement
51. Liability for damages caused by goods not complying with general safety requirementWhere a person supplies goods in contravention of section 49(1)(a) by reason that the goods do not comply with a general safety requirement and—
52. Prohibition and warning notices
53. Notice to produce information
54. Compulsory recall of goods
55. Compliance with noticeWhere a notice under section 54(1) is in force in relation to a person, the person—
56. Liability for loss or damage due to non-complianceWhere a person contravenes section 55 by—
57. Powers of Commission
58. Voluntary recall to be notified
59. Liability of insurer in certain casesThe liability of an insurer under a contract of insurance with a person, being a contract relating to—
Part VII – Industry codes
60. Interpretation of this PartIn this Part—"applicable industry code", in relation to a person who is a participant in an industry, means—(a)the provisions of any mandatory industry code relating to the industry; or(b)the provisions of any voluntary industry code relating to the industry that bind that person;"consumer", in relation to an industry, means a consumer of goods or services supplied by participants in that industry;"industry" includes franchising, and franchisors and franchisees are participants in the industry of franchising, whether or not they are also participants in another industry;"industry code" means a code regulating the conduct of participants in an industry towards other participants in the industry or towards consumers in the industry;"mandatory" and "voluntary", in relation to an industry code or specified provisions of such a code, mean respectively a code or specified provisions of a code that is or are declared by regulations made under section 62 to be mandatory or voluntary, as the case may be, in relation to that industry;"participant" means a person participating in, or conducting business within an industry as a supplier.
61. Contravention of industry codesA participant in an industry shall not, in trade or commerce, contravene an applicable industry code.
62. Industry codesThe Minister may, by regulations—
63. Procedure for recommending industry codes
64. Industry codes to be consistent with purposes and policies of this ActAn industry code shall be consistent with the purposes and policies of this Act and the Commission—
65. Power of Commission to require informationThe Commission may reasonably require persons conducting business within the relevant industry to provide the information necessary for the purposes of—
66. Binding force of industry codesFor the purposes of this Part—
Part VIII – Penalties and remedies
67. Penalties for breach of provisions of this Act
69. Offences by body corporate
70. Enforcement of direction, order or undertakingA person who fails or refuses to comply with an order, direction or undertaking of the Commission or order or direction of the Tribunal, commits an offence and is liable on conviction—
Part IX – Enforcement
71. Enforcement functions of CommissionThe Commission is responsible for enforcing this Act in accordance with this Part.
72. Compliance notice
73. Objection to compliance notice
74. Interim measures
76. Other orders
Part X – Miscellaneous
78. Relationship with regulatory and other authorities
79. Promotion of awareness in consumer mattersThe Commission is responsible for promoting awareness of consumer protection matters by—
80. RegulationsThe Minister may, in consultation with the Commission, make regulations under this section—
81. Consumer Protection Act 1977 repealThe Consumer Protection Act 1977* is repealed.
History of this document
31 December 2015 this version
29 November 2010
25 November 2010