- Chapter 2 Protection of Consumer Rights
- Article 3The owners or users of consuming places within the City, which are required to be insured against public liability, shall procure public liability insurance.
Business operators utilizing venues managed by various venue management authorities of the City Government as consuming places shall submit a certificate of public liability insurance and obtain approval from the venue management authorities prior to utilizing the venues, unless the insurance has already been procured by the venue management authorities.
The consuming places stipulated in the preceding two paragraphs refer to locations where consumer relationships are established.
The executive authorities of the City Government responsible for overseeing consuming places shall verify whether the consuming places stipulated in Paragraph 1 have obtained public liability insurance when conducting public safety inspections, issuing certifications, licenses, or conducting related business inspections.
The types of consuming places that are required to procure public liability insurance, as well as the scope and minimum insured amount of the insurance, as stipulated in Paragraph 1, shall be enacted by the City Government. - Article 4No license shall be issued unless the owners or users of consuming places enclose a certificate of public liability insurance with the relevant license application.
The owners or users of consuming places shall submit a certificate of public liability insurance to the City Government for reference annually. The same requirement shall apply in the event of any policy amendments. - Article 5Where major disasters occur within the City at consuming places or involve goods or services provided by business operators, which cause material damage to the lives, bodies, health, or properties of the consumers, the executive authorities may, with the consent of the affected consumers or the parents, children or spouses of the deceased consumers, provide assistance in the process of applying to the court for provisional attachments of the properties of business operators, responsible persons of enterprises, or any other legally liable parties. They may also assist in handling compensation settlement matters or provide other necessary legal services and support.
The criteria for identifying major disasters and the scope of support, as stipulated in the preceding paragraph, shall be enacted by the City Government. - Article 6Business operators providing pay-call services shall not advertise in newspapers or magazines primarily targeting juveniles under the age of 18, nor shall they distribute promotional materials to them.
- Article 7Business operators utilizing standard contracts shall adhere to the principle of good faith, equality and reciprocity, and comply with mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government.
Prior to entering into contracts with consumers, business operators shall provide consumers a reasonable period to review the contract terms.
Business operators shall comply with applicable laws and mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government, and shall duly arrange performance guarantees. - Article 8Business operators entering into contracts with consumers via distance or door-to-door sales shall provide consumers with the following information in writing in a clear and understandable manner:
1. the contact information through which consumers can receive prompt and effective communication, including the names of the business operators, their representatives, the addresses of their offices or business premises, phone numbers, or email addresses;
2. the contents, consideration, payment due dates, payment methods, delivery dates, and delivery methods for goods or services;
3. the time limits and procedures for consumers to exercise their right to rescind contracts pursuant to Article 19 of the Consumer Protection Act (hereinafter referred to as the “CPA”);
4. the right to rescind, as stipulated in Paragraph 1 of Article 19 of the CPA, does not apply to goods or services that fall within the scope of Paragraph 2 of the same article;
5. methods for accepting consumer complaints;
6. any other matters promulgated by the central competent authority.
Distance sales conducted via the Internet shall provide consumers with the information stipulated in the preceding paragraph in electronic format that is complete, reviewable, and downloadable for consumers. - Article 9Business operators shall provide consumers with sufficient and accurate information regarding the goods or services provided, and shall not engage in misleading, concealing, or deceptive practices.
- Article 10Unless otherwise stipulated by laws or by mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government, when business operators provide goods or services to consumers by means of installment credit repayment through lending institutions (hereinafter referred to as the “Consumer Loan Contract”) or agree to assign their claims to lending institutions, whereby consumers repay the lending institutions in installments (hereinafter referred to as the “Claim Assignment Contract”), the business operators shall inform consumers of the following matters in the contracts and obtain documents certifying the consumers’ acknowledgment of being informed:
1. consumers fully understand that the Consumer Loan Contracts or the Claim Assignment Contracts constitute loan arrangements with a designated purpose, and that the funds will be disbursed directly to the designated accounts of the business operators in accordance with the consumers’ instructions;
2. the names and contact information of the lending institutions;
3. the interest rate, number of installments, total loan amount, and other terms of the Consumer Loan Contracts or the Claim Assignment Contracts;
4. where business operators cease to provide prepaid goods or services due to temporary closure or cessation of operations, consumers may request lending institutions to suspend payments of the outstanding loan balance for unprovided services, provided that they submit legal attest letters sent to the business operators or other supporting documents proving to the lending institutions that the business operators can no longer provide the services. This subparagraph shall not apply where business operators have provided performance guarantees;
5. where contracts for goods or services are terminated or rescinded, the Consumer Loan Contracts or the Claim Assignment Contracts shall also be terminated or rescinded. Where business operators can prove to lending institutions that the termination or rescission of the contracts for goods or services is attributable to the consumers, the lending institutions may collect the installment payments directly from the consumers for services provided.
Business operators shall furnish consumers with original copies of the Consumer Loan Contracts or the Claim Assignment Contracts upon execution of this contracts.
With the consent of consumers, the contracts and supporting documents stipulated in the preceding two paragraphs may be presented electronically by business operators in accordance with the Electronic Signatures Act. - Article 11Business operators shall furnish the following documents to exhibition organizers for inspection before selling goods or services at exhibitions:
1.certificates of company or business registration and other supporting documents. Business operators shall also provide business licenses issued by the relevant competent authorities where their business activities re-quire such approval;
2.business operators shall provide certificates of performance guarantees where the goods or services provided require such guarantees pursuant to applicable laws and mandatory or prohibitory provisions of standard contracts promulgated by the relevant competent authorities under the central government.
Exhibition organizers shall inspect the documents of business operators participating in the exhibitions in accordance with the preceding paragraph. Business operators failing to furnish the required documents stipulated in the preceding paragraph shall be denied participation in the exhibitions by the organizers.
Exhibition organizers shall promptly report to the City Government upon discovering that the goods or services provided by business operators participating in the exhibitions are materially detrimental to the rights and interests of consumers during the exhibitions.