Article 1 This Self-Government Ordinance is formulated for the purposes of protecting the rights and interests of consumers in Tainan City (hereinafter referred to as “the City”), promoting the safety of consumer life, and raising the quality of consumer life.
Article 2 The Competent Authority of this Self-Government Ordinance is Tainan City Government; the enforcement authorities are all of the relevant competent authorities under the Competent Authority.
When an enforcement authority as referred to in the preceding paragraph is not clear, a request shall be made to the Competent Authority for determination thereof.
Article 3 A business operator shall provide consumers with full and correct information about the products or services that it provides, and shall not act to mislead, conceal or deceive.
Where a business operator violates the stipulation in the preceding paragraph, the enforcement authority shall order it to rectify this within a time limit.
Article 4 When a business operator uses a standard contract, it shall comply with the principles of good faith, equality and mutual benefit. Also, it shall comply with matters required to be included in the standard contract as announced by the central competent authority, and consumers shall be given a reasonable time to review it.
Where the general terms of a standard contract contradict matters that the central competent authority has publicly announced must be included in a standard contract, it shall be null and void.
Where a standard contract does not include matters that the central competent authority has publicly announced must be included in a standard contract, such matters shall be deemed as included; and where a standard contract includes matters that the central competent authority has publicly announced must not be included in a standard contract, such matters shall be deemed as not included.
Where a business operator uses a standard contract, the enforcement authority may at any time dispatch personnel to examine it.
Article 5 The enforcement authority or a consumer protection officer (hereinafter referred to as a “CPO”) shall deal with consumer dispute cases, and upon discovering any of the following improper marketing behaviors on the part of a business operator, may refer it to the central fair trade competent authority to deal with:
1. When conducting door-to-door sales, a business operator provides a service, examination or gift that is free of charge in name while being the sale of goods or services in actuality.
2. A business operator’s conduct, language or advertisement causes consumers to mistakenly believe its personnel to be those of a government agency, public interest group, or another business operator, and consequently enter into a transaction with it.
3. A business operator’s conduct, language or advertisement causes consumers to mistakenly believe they have a legal obligation to purchase, install or use a product or service, or that it has received the permit, approval, authorization or recommendation of a government agency, public interest group, or another business operator, and consequently enter into a transaction with it.
4. A business operator is suspected of engaging in deceptive behavior sufficient to affect trade order, publishing false advertising or misleading representations.
Article 6 Before a year begins, CPOs shall compile all matters of consumer protection enforcement proposed by enforcement authorities, draw up the City’s annual consumer protection plan, and submit it to the Competent Authority’s Consumer Protection Commission for deliberation.
Execution of the annual consumer protection plan shall be placed in the control of each enforcement authority.
Article 7 Where a consumer dispute concerning a product or service occurs between a consumer and a business operator, if it matches one of the following situations, the consumer may make a complaint to the Consumer Service Center:
1. The business operator’s business office or firm is located in the City.
2. The place of the contract’s conclusion or performance is in the City.
3. The act of infringement took place in or had its result in the City.
4. Another element of the consumer relationship occurred in the City.
Article 8 Where one of the following situations applies to a complaint lodged with the Consumer Service Center, it may decline to deal with it, or may take other appropriate measures:
1. It has already been adjudicated on by a court of law, or mediated, or otherwise appropriately dealt with.
2. The complainant has been notified to supplement or correct submissions within a prescribed time limit, and has failed to do so within the time limit.
3. The matter does not constitute a consumer dispute.
4. It has not been initiated by a consumer or his agent.
5. Previous mediation by a mediation committee has not been successfully concluded.
6. It has no respondent.
7. It has no substantial content or does not have a true name or address.
8. The same matter, having already been properly dealt with and having already received a clear response, is complained of again.
Article 9 A CPO handling a complaint may, when necessary, notify the enforcement authority to dispatch personnel to attend.
Article 10 Where the parties to a consumer dispute mediation case both or all have domiciles in the City at the time of the consumer act or at the time of the request for mediation, they may apply for mediation by the City’s Consumer Dispute Mediation Committee. In any of the following situations, the consumer may also apply:
1. The business operator’s business office or firm is located in the City.
2. The consumer relationship occurred in the City.
3. The business operator has consented.
Article 11 Where an enforcement authority considers there to be cause for concern that a product or service provided by a business operator may endanger safety or health, it shall carry out examination or testing.
The examination or testing as referred to in the preceding paragraph may be entrusted to a consumer protection organization, professional organization, or other public or private institution or organization that possesses relevant equipment.
Article 12 An enforcement authority or CPO dealing with a consumer dispute case, upon discovering that one of the following situations applies to a business operator, may publicly announce on the Internet or in the media the business operator’s name and address, the product or service under dispute, and the conduct concerned:
1. A business operator, having been notified by the enforcement authority or a CPO to come and explain the facts of a consumer dispute case or discuss means of settling it, without justified reason fails to dispatch personnel to attend.
2. A business operator, having participated in negotiating and reaching agreement in a consumer dispute case as referred to in the preceding subparagraph, without justified reason fails to fulfill the agreement.
3. A business operator refuses to accept the return of goods or rescindment of a contract in accordance with the provisions of Article 19 Paragraph 1 of the Consumer Protection Act (hereinafter referred to as “the Act”).
Article 13 When, under the provisions of the Act, an enforcement authority orders a business operator to take rectifying action within a time limit, take back and destroy, take other necessary measures, or pay a fine, it shall do so in the name of the Competent Authority.
Article 14 This Self-Government Ordinance is effective from the date of promulgation.