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Consumer Protection |
What is Consumer Protection (Fair Trading) Order (CPFTO), 2011? |
| A Consumer Protection (Fair Trading) Order (CPFTO), 2011 is an order to protect consumers against unfair practices and matters relating to it. |
Who does the Order apply to? |
| | The Order shall apply to:
- the supplier or consumer in Negara Brunei Darussalam; or
- the offer or acceptance relating to the consumer transaction that is made in or sent from Negara Brunei Darussalam.
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Who is a consumer? |
| | A consumer is an individual who, otherwise than exclusively in the course of business:
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receives or has the right to receive goods or services from a supplier; or
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has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual.
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Who is a supplier? |
| | A supplier is an individual who, in the course of the person’s business:
- provides goods or services to consumers;
- manufactures, assembles or produces goods;
- promotes the use or purchase of goods or services; or
- receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person.
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What are the types of transactions covered under the Order? |
| | The types of transactions covered under the Order are consumer transactions relating to personal, family and household matters. Consumer transactions means:
- the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or
- an agreement between a supplier ad a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in the First Schedule of the Order.
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What are the excluded consumer transaction mentioned in the First Schedule of the Order? |
| | The term “consumer transaction” does not include any of the following transactions:
- acquisition of an estate or interest in any immovable property (but not including any lease of residential property granted in consideration of rent or any time share contract);
- (for the avoidance of doubt) service provided under a contract of employment; or
- any transaction or activity that is regulated under any written law specified in paragraph 2.
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What constitutes as an unfair practice? |
| | It is an unfair practice for a supplier, in relation to a consumer transaction:
- to do or say anything, or omit to do or say anything, if as a result a consumer might reasonably be deceived or misled;
- to make a false claim;
- to take advantage of a consumer if the supplier knows or ought reasonably to know that the consumer:-
i) is not in a position to protect his own interests; or
ii) is not reasonably able to understand the character, nature, language or effect of the transaction or any matter related to the transaction; or - without limiting the generality of paragraphs (a), (b) and (c), to do anything specified in the Second Schedule of the Order.
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What is the limit on the amount of claim that can be filed under the Order? |
| | The limit on the amount of claim that can be filed under the Order is BND$10,000 and below. |
What is a voluntary compliance agreement? |
| | Under Section 8(1) where there are reasonable grounds that a supplier has engaged, is engaging or likely to engage in an unfair practice, the Order allows a specified body to invite the supplier to enter into a voluntary compliance agreement, which may include an undertaking by the supplier to compensate or reimburse the consumer. |
Would consumers be able to cancel contracts under the Order? |
| | The Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations 2011 allows for the cancellation of direct sales, time-share and time share related contracts within a 5-day cancellation period (excluding Saturday, Sunday and public holidays). A cancellation notice should be given to the retailer and supplier within the given time. |
Would consumers be able to get a refund for unsolicited goods and services under the Order? |
| | The Consumer Protection (Fair Trading) (Opt-Out Practices) Regulations 2011 allows consumers to treat all unsolicited goods and services (except for mis-deliveries) as unconditional gifts from suppliers, unless the consumer has acknowledged in writing his willingness to accept and pay for such goods and services.
Consumers who pay for unsolicited goods or services can claim, in writing, a refund of payments made for such goods and services. The refund claim must be made within 12 months after the payment sought to be refunded was made. The supplier will have 60 days to make refund. |
When must consumers file a consumer complaint at JPKE? |
| | Consumers must file their complaint within 2 years from the occurrence of the unfair practice or the earliest date when the consumer could reasonably have discovered the unfair practice. |
