Consumer Affairs Act (Cap. 378), article 51A

51A. In this Title, unless the co ntext otherwise requires: "administrative provision" means any provision in a measure issued by any government Ministr y or department, local authorit y or any other public body which is binding on the person to whom it is addressed, including any ord er, licence, permit, warrant or decision; "code of conduct" means an agreement or set of rules not imposed by law or administrative provision which defines the behaviour of traders who undertake to be bound by the code in relation to one or more particula r commercial practices or busi ness sectors; "code owner" means any entity, including a trader or group of traders, which is responsible fo r the formulation and revision of a CONSUMER AFF AIRS [CAP. 378. 45 code of conduct and, or for monitoring compliance with the code by those who have under taken to be bound by it; "commercial practice" means any act, omission, course of conduct or representation, commercial communication including advertising and marketing, by a trader, directly connected with the promotion, sale or supply of a product to consumers; whether it takes place before, during or aft er a commercial transaction in relation to the product; "invitation to purchase" means a commercial communication which indicates characteristics o f the product and the price in a way appropriate to the means of c ommercial communication used, which is such as to induce a consumer to make a purchase; "online marketplace" means a serv ice using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers; "product" means any good or service including immovable property, digital service and digital content, as well as right s and obligations; "professional diligence" means the standard of skill and care which a trader may reasonably be expected to exercise towards consumers, commensurate with honest market practice and, or the general principle of good faith, in the trader’s field of activ ity; "ranking" means the relative pr ominence given to products, as presented, organised or communicated by the trader, irrespectiv e of the technological means used for such presentation, organisation or communication; Cap. 451. "regulated profession and regul ated professional activity" has the same meaning assigned to it in the Mutual Recognition of Qualifications Act ; "to materially distort the economic behaviour of a consumer" means using a commercial practi ce to appreciably impair the consumer’s ability to make an informed decision, thereby causin g the consumer to take a transacti onal decision that he would not have taken otherwise; "trader" means any natural person or any legal person who, in commercial practices covered by t his Title, is acting for purpo ses relating to his trade, business, craft or profession and includ es anyone acting in the name or on behalf of a trader; "transactional decision" means a ny decision taken by a consumer concerning whether, how and on what terms - (i) to purchase a product, or (ii) to make payment in whole or in part for a product, or (iii) to retain or dispose of a product, or (iv) to exercise a contractual right in relation to the product, whether the consumer decides to act or to refrain from acting; 46 CAP. 378.] CONSUMER AFF AIRS "undue influence" means exploiting a position of power in relation to the consumer so as to apply pressure even without u sing or threatening to use physical f orce, in a way which significan tly limits the consumer’s ability to make an informed decision. Unfair commercial practices. Added by: II. 2008.28.