Consumer rights
The Consumer Protection Law (hereinafter referred to as the Consumer Protection Law) grants consumers important rights:
I. Manufacturers and suppliers of goods and services (hereinafter referred to as "manufacturers") shall bear strict liability for damages to consumers' life, body, health, or property caused by defects in goods or services. Suppliers of goods or services shall also bear the same strict liability (Articles 7 and 9 of the Consumer Protection Act). Distributors of the aforementioned goods and services shall also be liable for damages for intentional or negligent acts (Article 8, Paragraph 1 of the Consumer Protection Act).
II. Standardized contract terms refer to the unilaterally drafted contract terms used by manufacturers to enter into contracts with an unspecified number of people. In case of any doubt, the interpretation should be favorable to the consumer (Article 11 of the Consumer Protection Act). Standardized contracts that violate the principle of good faith and are manifestly unfair to consumers are invalid (Article 12 of the Consumer Protection Act, Articles 13 and 14 of the Enforcement Regulations; the power of review rests with the courts). Abnormal terms do not constitute part of the contract (e.g., font too small, unclear printing, written on the back; or content exceeding the scope of understanding that a typical consumer with limited knowledge and social experience can comprehend) (Article 14 of the Consumer Protection Act). Standardized contracts should have a reasonable period of no more than 30 days for consumers to review all terms (Article 11 of the Enforcement Regulations of the Consumer Protection Act; the length of the review period can refer to the standardized contract templates announced by the central competent authority). Once a standardized contract is signed or sealed by the consumer, the business operator should provide the consumer with an original copy of the standardized contract (Article 13, Paragraph 3 of the Consumer Protection Act).
III. Transactions involving communication (referring to contracts entered into between a consumer and a business operator through radio, television, telephone, fax, catalogs, newspapers, magazines, the internet, leaflets, or other similar methods, where the consumer is unable to inspect the goods or services) and transactions involving visits (referring to contracts entered into between a business operator and a consumer without invitation at their residence, workplace, public place, or other location). Consumers who are unable to inspect goods beforehand may return the goods or terminate the sales contract by giving written notice to the manufacturer within seven days of receipt, without giving a reason and without incurring any fees or charges (Article 19 of the Consumer Protection Act). (Article 19-2 of the Consumer Protection Act). Business operators shall retrieve the goods from the original delivery location or agreed location within fifteen days of receiving the notification, and both parties shall be obligated to restore the goods to their original condition after termination of the contract (Article 19-2 of the Consumer Protection Act). If the goods received by the consumer are damaged, lost, or altered due to the necessity of inspection or due to reasons not attributable to the consumer, the right to terminate the contract as stipulated in Article 19 of the Consumer Protection Act shall not be extinguished (Article 17 of the Enforcement Rules of the Consumer Protection Act). Consumers may also terminate the contract by giving written notice to the business operator in accordance with Article 19, Paragraph 1 of this Act before receiving goods or accepting services (Article 18 of the Enforcement Rules of the Consumer Protection Act).
IV. For goods shipped directly by the manufacturer without the consumer's order, the consumer has no obligation to safeguard them and may notify the manufacturer to retrieve them within a reasonable period. If the manufacturer fails to retrieve the goods within the specified period or the consumer is unable to notify the manufacturer, it shall be deemed that the manufacturer has abandoned the goods shipped. If the manufacturer fails to retrieve the goods within one month after shipping without the consumer's express consent, the consumer has no obligation to return the goods (Article 20 of the Consumer Protection Act).
V. Installment purchase agreements should include:
1. Down payment;
2. The difference between the total price including interest payments and other additional fees and the cash transaction price;
3. Interest Rate. If the business does not specify the interest rate, it should be calculated based on the annual interest rate of 5% on the cash transaction price. If the business violates provisions 1 and 2, the consumer is not obligated to pay any amount other than the cash transaction price (Article 21 of the Consumer Protection Act).
VI. Businesses must ensure the truthfulness of advertising content, and their obligations to consumers must not be less than those of the advertising content (Article 22 of the Consumer Protection Act).
7. In lawsuits brought under the Consumer Protection Act, if the damage is caused by the intentional act of a business operator, the consumer may claim punitive damages of up to five times the amount of the damages; however, if the damage is caused by gross negligence, the consumer may claim punitive damages of up to three times the amount of the damages; and if the damage is caused by negligence, the consumer may claim punitive damages of up to one time the amount of the damages (Article 51 of the Consumer Protection Act, to be decided by the court).
8. If a number of consumers are harmed by the same cause of an incident, a class action lawsuit may be filed by a consumer protection group (such as a consumer education foundation) by having 20 or more people assign their claim for damages (Article 50 of the Consumer Protection Act).