If price does not include basic accessories, purchaser to be informed before payment
Version Date:
02/08/2012
(1) Any person who—
(a) exposes any goods specified in Part 1 of Schedule 2 for sale in the course of any trade or business at a price which does not include any basic accessories of the goods that are reasonably expected to be included in the price; and
(b) fails to communicate, in the specified manner, to a person who offers to purchase the goods, the information that the price does not include the accessories before the person pays for the purchase,
commits an offence.
(2) In subsection (1)—
(a) basic accessories (基本配件), in relation to any goods specified in Part 1 of Schedule 2, means accessories that, though not being an integral part of the goods in structural terms, are nevertheless essential for the effective performance of the principal function (as determined in accordance with section 2 of Part 2 of Schedule 2) of the goods;
(b) specified manner (指明方式) means the manner in which the price of the goods is communicated to the person who offers to purchase the goods.
(3) For the purposes of subsection (1), in determining whether any basic accessories of any goods are reasonably expected to be included in the price of the goods as communicated to a person who offers to purchase the goods, regard shall be had to—
(a) the prevailing trade practice;
(b) the representation, if any, made to the person by the person who exposes the goods for sale (seller);
(c) whether the instructions for users provided by the manufacturer or distributor of the goods show that the goods and the accessories are treated as a single item for the purpose of sale;
(d) whether the packaging of the goods and the accessories is such that they are treated as a single item for the purpose of sale;
(e) whether the price of the goods at which they were supplied to the seller included the accessories; and
(f) any other relevant considerations.
(4) The Secretary may by notice published in the Gazette amend Schedule 2. (Amended 5 of 2012 s. 6)