UAE law: Product that malfunctions 3 times in the first year must be replaced for free

Question: I bought a watch from an online marketplace. It was not a high-end branded watch, but cost a decent amount of money. However, the watch broke within a month. I wrote to the seller, who responded saying all exchanges and refunds had to be done within two weeks.

If guarantee/warranty was not expressly stated for the product, am I not eligible for a refund/replacement? Can’t the seller be held accountable for the inferior quality product? Please advise.

Answer: Pursuant to your queries, as you have purchased the watch in the UAE from an online store, the provisions of Federal Law No. 15 of 2020 on Consumer Protection (the ‘Consumer Protection Law’) are applicable.

In the UAE, a seller needs to provide clear information about electronic products which it sells through online portals to the consumers. This is in accordance with Article 25(1) of the Consumer Protection Law, which states: “Suppliers registered in the State and who work in the field of electronic commerce shall provide Consumers and the Competent Authorities in the State with their names, legal status, addresses and licensing bodies, as well as adequate information in Arabic about the product or Service provided, its specifications, and the terms of contract, payment, and Warranty, in accordance with what is specified by the Implementing Regulation of this Law. “

Further, it is the right of the consumer to know the details of the product. In the event the product sold by the seller is not of good quality, the seller needs to compensate the consumer. This is in accordance with Article 4(2) and Article 4(8) of the Consumer Protection Law, which states: “All obligations established under this Law are considered rights of the Consumer, including:

2- Obtaining correct information about the Goods that he purchases, uses, or consumes, or the Service he receives.

8- Obtaining fair compensation for damages incurred by him or his money as a result of purchasing or using the Good or receiving the Service.”

Additionally, it is the responsibility of the seller to implement warranty and guaranty of the products sold by it. This is in accordance with Article 10 of the Consumer Protection Law, which states: “1- The Supplier shall implement all Warranties, provide the required spare parts and maintenance, replace the Good, or refund its monetary value, and commit to After-Sales Service as regards the sold Goods, within the specified time limit.

2- The Supplier shall guarantee the Service he provides and that it is free from Defects and Malfunctions within a period of time commensurate with the nature of that Service, otherwise he shall return the amount paid by the Consumer or a part thereof, or he shall re-perform the Service properly.

3- The Implementing Regulation of this Law shall determine the controls for implementing the provisions of this article.”

It may be also noted that if the product sold by the seller to the consumer is malfunctioning then the seller needs to repair or replace the product. Further, if the product is repeatedly malfunctioning three times during the first year, then the seller needs to replace the same with no costs. This is in accordance with Article 12 and Article 13 of the Consumer Protection Law, which states,

“Article 12- Malfunction of the Good or Service

In the event that a Malfunction is found in the Good or Service, the Supplier shall repair or replace the same, return the Good and refund its Price, or re-perform the Service without charge, in accordance with what is specified by the Implementing Regulation of this Law.”

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“Article 13- Obligations to be fulfilled when the Malfunction recurs

If the same Malfunction in the Good is repeated three (3) times during the first year from the date on which the Consumer receives it in a way that substantially affects the quality of the functional performance of the Good, the Supplier shall replace it at no cost with a new one of the same type and specifications, or recover it and refund its value to the Consumer, and that according to what is specified by the Implementing Regulation of this Law.”

Based on the aforementioned provisions of law, you may file a complaint with the Consumer Protection Department at the Department of Economic Development against the seller. The department may amicably settle matter between you and the seller. In the event there is no amicable settlement, you may file a case against the seller, claiming compensation.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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