For goods, digital content and services the Ordinance codifies rules that likely already exist under contract law as implied terms in consumer contracts.
By codifying these rules and making it law that they are implied terms of consumer contracts, traders have clarity on the extent of their responsibilities and it helps ensure fair competition.
This part also provides explicit remedies for breaches of the requirements, providing certainty to both traders and consumers on appropriate resolutions.
Rights
Reasonable care and skill
- The service must be performed with reasonable care and skill.
Information about the trader/service is binding
- The information that was taken into account by consumer when deciding to get the service is binding.
Reasonable price
- If no payment made, price not agreed, and nothing fixes the price or states how the price is to be fixed the consumer only needs to pay a reasonable price for the service.
Reasonable time
- The service needs to be performed in reasonable time if time not agreed, and nothing fixes the time or states how the time is to be fixed.
Other law on services
- Nothing in the Ordinance affects any other legislation that imposes a stricter duty on the trader.
- The Ordinance is subject to any other enactment which specifies or restricts the rights, duties or liabilities arising in connection with a service.
Remedies
Repeat performance
- Repeat performance must be carried out within a reasonable time and without significant inconvenience to the consumer. The trader must bear the necessary costs.
- Consumer can't require repeat performance if impossible.
Price reduction
- Consumer receives appropriate reduction in price, which can be up to the full price of the service. Consumer receives refund of anything already paid over new reduced price.
- Price reduction is available as a remedy where repeat performance is impossible or the trader failed to provide it within a reasonable time and without significant inconvenience to the consumer.
