The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(510) SALE OF GOODS ORDINANCE

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This is a recording about consumers' rights and responsibilities when buying goods. When you buy something from a shop, you are in fact making a contract. The contract is between you and the shop, (NOT the manufacturer). Therefore if the goods are faulty, the seller of the goods is legally responsible even though it may be the manufacturer's fault.

You may find that there is a manufacturer's guarantee in the box with the goods you have bought. You do not have to write to the manufacturer. You can obtain compensation from the shopkeeper who sold you the goods.

The important consumer protection legislation protecting you is the Sale of Goods Ordinance. According to this Ordinance:
(1) the goods sold must be of 'merchantable quality';
(2) the goods should be fit for their intended purpose; and
(3) they must be as described, whether as stated on the packaging, or as verbally described by the Salesman.

If your newly bought and delivered article is found to be faulty, you are entitled to seek redress or compensation from the shop. This can take different forms:-
(1) depending on the condition of the defective goods, you can ask for a full or partial cash refund; or
(2) you can accept repairs under reasonable circumstances, or
(3) if both parties agree, you can exchange for a similar item or some other goods.

However, if the shop had pointed out to you any defects in the goods before you make the purchase, and you still agreed to buy it, you cannot claim to have your money back or to be given a replacement afterwards, when you find you are dissatisfied with the merchandise. If someone points out a defect to you in the shop, you buy at your own risk.

You should also note that if there is no problem at all with the goods you bought, but you yourself have changed your mind and want an exchange or refund, then the shop is not obliged to comply with your request.

It is stated on some receipts that "Goods sold are not returnable". A statement like this is called an "exclusion clause", and is used by some shops to avoid consumers' claims for damage or defective goods. However, this kind of statement is not valid when a shopkeeper uses it with the general public. You can still claim for your money back or other compensation such as repairs or exchange the goods if it can be proved that the shop has violated the provisions of the Sale of Goods ordinance.

Hong Kong now has consumer legislation known as the Control of Exemption Clauses Ordinance, which gives consumers protection against shops trying to avoid their legal responsibilities when selling goods to the general public.

If you have a complaint to make or would like to have further details or advice, please go to any of the Consumer Council's advice centres.

Date of amendment: 11th October 2023