Cyprus - Andreas Neocleous & Co

CYP/40
INTERNATIONAL AGENCY AND DISTRIBUTION LAW
The Safety of Consumer Products Law Number 41(I) of 2004 was enacted to
implement Directive 2001/95/EC on the general safety of products. It has since
been amended in 2009 and 2010. The duties of producers, set out in section 7,
include providing consumers with information that will allow them to evaluate
the dangers which the product may pose during its usual and reasonably
foreseeable use in the event that such dangers are not immediately apparent.
Section 8 requires distributors of products to act diligently to conform to the
safety measures imposed and particularly not to supply product which they
know, or ought to know on the basis of information which they have in their
possession, not to be in conformity with any such safety measures. Distributors
are also required to keep up with information relating to the safety of the
products in the market.
Under section 10, both distributors and producers of products which are covered
by the law must cooperate with the appropriate authority and report any dangers
which the products may pose.
The Law Regulating Consumer Protection in relation to Certain Aspects of the
Sale of Consumer Products and Relevant Guarantees, Number 7(I) of 2000 ("the
Consumer Protection Law"), was enacted to give consumers effective protection
when they enter into a contract for the purchase of consumer products, by
obliging the seller to supply goods which are in accordance with the terms of the
contract.
If the goods supplied to the consumer are not in accordance with the description
given by the seller, not suitable for any specific use which the consumer requires
and which was notified by the consumer to the seller at the time of the contract,
not suitable for the use for which such goods are usually intended, or do not
have the quality which may be reasonably expected by the consumer, the
consumer is entitled to a free of charge repair or a replacement of the product, to
an appropriate reduction in the product's price or to a repudiation of the contract
as far as the product is concerned.
The Consumer Protection Law provides that a guarantee offered by any person
to a consumer binds that person legally. The guarantee must explain, in simple
and understandable language, its contents and the substantial elements required
for its effectiveness. It must also include a clear statement that the consumer has
legal rights under the Consumer Protection Law and that such rights are not
affected by the guarantee.
If the Consumer Protection Authority of the Ministry of Commerce, Industry
and Tourism considers that there has been a violation of any of the provisions of
the Consumer Protection Law, it may apply to the court for the issue of a
restrictive or mandatory order, including an interim order.
Under section 15 of the Consumer Protection Law, the provisions of the
Contract Law and the Sale of Goods Law will continue to apply to contracts for
the sale of consumer products unless they conflict or are incompatible with the
express provisions of the Consumer Protection Law.
(Release 2 – 2013)