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The 1st Offence: False Trade Descriptions (Scenario 2 Offence Explanation)

Offence Explanation

XX Computer stated “Free worldwide maintenance for all computers and accessories” in the advertisement but purchasers do not enjoy free repair service of overseas designated maintenance agent. Therefore, XX Computer applied to the laptop a false description of the availability of its worldwide repair or maintenance service. It may have committed the offence in respect of false trade description of goods under the Ordinance.

 

Reminder to Consumer

Wise Tips

  1. Before making a purchase decision, consumers should beware of trade description of goods and services made by traders, such as performance, composition, price, place of production, scope of service, and after-sale service, etc.
  2. Consumers should ask the trader for relevant information if there is any question. They should make a transactional decision only if the trader is able to provide sensible and adequate information.
  3. Consumers should pay attention to a trader’s reputation when shopping. They should select a trader carefully to avoid being deceived.
  4. If consumers have any doubts over the trade description or promotional offers made by the salesperson, they can request for a written confirmation or make a tape-recording as evidential proof.
  5. Consumers should not entirely rely on the salesperson’s puff and verbal promises. It is recommendable to insist on recording the promise on the receipt.
  6. When making a transaction, consumers should check the transaction amount on the receipt and ensure that information on the receipt and warranty card (such as model number, serial number, etc.) are consistent with those applied to the product.
  7. If consumers suspect that deception is involved in the selling process, they can report to the police.

 

Access to Redress

  1. To lodge a complaint, as the case may be, with the following organizations:
    1. Customs and Excise Department
    2. Office of the Communications Authority (On broadcasting and telecommunications services)
    3. Consumer Council
  2. If you suffer loss because of conduct of another person that is directed to you and constituted the above-mentioned offence, you may commence civil action for damages:
    1. If the claim does not exceed $50,000: Small Claims Tribunal
    2. If the claim exceeds $50,000, but does not exceed $1,000,000: District Court
    3. If the claim exceeds $1,000,000: Court of First Instance of the High Court
    Besides, as the case may be, you may seek legal advice and/or assistance from:
    1. Professional lawyers
    2. Resource Centre for Unrepresented Litigants
    3. Free Legal Advice Scheme offered by the Duty Lawyer Service
    4. Apply for Legal Aid Schemes from the Legal Aid Department
    5. Apply for the Consumer Legal Action Fund of the Consumer Council