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

51D. (1) A commercial practice shall be regarded as misleading if: (a) in its factual context, takin g account of all its features and circumstances and the limitations of the communication medium, it omits material information that the average consumer needs, according to the context, to take an informed transactional decision and 48 CAP. 378.] CONSUMER AFF AIRS thereby causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise; or (b) taking account of the matters described in paragraph (a) , t h e t r a d e r h i d e s , o r p r o v i d e s i n a n u n c l e a r , unintelligible, ambiguous or untimely manner, such material information as refer red to in that paragraph, or fails to identify the commercial intent of the commercial practice if not a l r e a d y a p p a r e n t f r o m t h e context, and where, in eith er case, this causes or is likely to cause the average consumer to take a transactional decision that he would not have taken otherwise. (2) Where the medium used t o communicate the commercial practice imposes limitations of space or time, these limitation s and any measures taken by the trader to make the information availa ble to consumers by other means shall be taken into account in deciding whether information has been omitted. (3) In the case of an invitatio n to purchase, the following information shall be regarded as material, if not apparent from the context: (a) the main characteristics of the product, to an extent appropriate to the medium and the product; (b) the geographical address and the identity of the trader, such as his trading name a nd, where applicable, the geographical address and the identity of the trader on whose behalf he is acting; (c) the price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additiona l charges may be payable; (d) the arrangements for paymen t, delivery and performance, if they depart from the requirements of professional diligence; (e) for products and transactions involving a right of withdrawal or cancellation, the existence of such a right; (f) for products offered on onlin e marketplaces, whether the third party offering the products is a trader or not, on the basis of the declaration of that third party to the provider of the online marketplace. (3a) When providing consumers with the possibility to search for products offered by differen t traders or by consumers on th e basis of a query in the form of a keyword, phrase or other inpu t, irrespective of where transactions are ultimately concluded, ge neral information, made available in a specific section of the online interface that is directly and easily accessible from the page where CONSUMER AFF AIRS [CAP. 378. 49 the query results are presented, on the main parameters determi ning the ranking of products presente d to the consumer as a result o f the search query and the relative imp ortance of those parameters, a s opposed to other parameters, sha ll be regarded as material: Provided that this sub-article does not apply to providers of online search engines as defined in point (6) of Article 2 of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on pro moting fairness and transparency for business users of online intermediation services. (4) Information requirements established by European Union law in relation to commercial communications including advertising or marketing shal l be regarded as material. (5) Where a trader provides access to consumer reviews of products, information about whether and how the trader ensures that the published reviews originate from consumers who have actuall y used or purchased the product sh all be regarded as material. Aggressive commercial practices. Added by: II. 2008.28.