Rights of The Entrepreneur

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The rights of the entrepreneur are as follows:

  • (i) receiving payment in accord with agreements, value in sale of goods or services;
  • (ii) having right of defence under law in consumer dispute;
  • (iii) enabling to make regain of goodwill if the injury and loss of the consumer is not because of his goods or services;
  • (iv) enabling to regain goodwill if it is provable in accord with the law that the injury and loss of the consumer is not because of goods or services that he has purchased.

The entrepreneur shall not carry out the production, trade of the followings:

  • (a) goods that are not in conformity with the information or condition stated on the label, warrantee, distinctive, efficacy, net weight, net volume, total amount, quality, grade, position, mode, style of the relevant goods;
  • (b) goods that are not in conformity with the statement contained in the ingredients of label or advertisement and sale promotion;
  • (c) goods without name, size, net weight, volume, composition, instruction, manufactured date and batch number, expiry date, side effect, poisonous materials, name and address of manufactured company, name of distribution, trademark, information and preparation;
  • (d) goods without stating in Myanmar language or jointly in Myanmar and other language, the information or instruction related to use commencing from the date stipulated by the Central Committee;
  • (e) goods mentioned improperly in respect of place of yield or place of production;
  • (f) goods that are not in conformity with the recommendation of acknowledged department or organization of domestic and abroad; or the prescribed standard;
  • (g) goods that are stated the guarantee of health and nutrition without reference of scientific research finding by the respective organization;
  • (h) goods that are not in conformity with the prescribed standards and norms;
  • (i) service that is not in conformity with stated condition, guarantee, distinct, term, efficacy in respect of the relevant service;
  • (j) service that is not in conformity with the statement contained in the advertisement and sale promotion.

The entrepreneur shall not offer for sale, promote sale and advertise with intent of misleading the buyer or user in the following conditions;

  • (a) being goods discounted or fixed special price that are not in conformity with the referred quality standard, style or mode, distinct characteristic, use;
  • (b) being goods that are not in fresh and good condition;
  • (c) making firm sponsor and approval to goods or services of any other company;
  • (d) being goods or services that are not useful or available;
  • (e) being goods or services that the defect and need are concealed;
  • (f) disparaging directly or indirectly other goods or services;
  • (g) using exaggeration not approved with complete information;
  • (h) being goods or services that are sold or given by offering with uncertain promises.

The entrepreneur shall, in selling and buying, not deceive or mislead the consumers with any of the following conditions:

  • (a) stating incorrectly that the goods or services meet the prescribed standard, quality;
  • (b) concealing and stating the need of the goods or services;
  • (c) selling by substituting the other goods which is not the proposed goods;
  • (d) increasing the price of the goods or services before sale promotion of the goods or services;
  • (e) selling by redecorating and mixing the goods that are expired;
  • (f) selling by mixing goods that are similar and lower in quality; and the goods that are different and unsafe to consume.

The entrepreneur shall not offer for sale, promote sale or advertise on special price within on certain period without arrangement to sell the goods or services within the designated period or according to the amount as offered, promoted sale, advertised.

The entrepreneur shall not offer for sale, promote sale or advertise the goods or services if not enable to give actually although promised to give other goods as prize or give service free of charge.

The entrepreneur shall not offer for sale, or advertise the goods or services by using any mode which causes annoyance to physical or mental of the consumer.

The entrepreneur shall not advertise the following kinds of advertisement:

  • (a) advertisements that are deceived to the consumers in respect quality of goods, quantity, ingredients in goods, mode of use to goods, price of goods, rate of service and time to be enable to deliver the goods or services;
  • (b) advertisements that are deceived on warranty of the goods or services;
  • (c) advertisements containing false informations in respect of goods or services;
  • (d) advertisements that are not informed the risk of using the goods or services;
  • (e) advertisements used on any person or any incident without the permission of the person concerned;
  • (f) advertisements that violate the provisions of Law, ethics.

The entrepreneur or advertiser shall be liable to the consequences of own advertisements.