The interests of a consumer or a group of consumers may be defended individually or collectively before the courts or any arbitration body.
An individual defense is a defense brought by the injured consumer or his or her heirs.
Collective defense is provided by a consumer association or a non-governmental organization working to protect consumers.
Actions to defend the interests of consumers shall be brought before the competent courts or brought before arbitration bodies either by the injured consumer or his heirs.
The action brought may be preventive or remedial.
Preventive action is action aimed at stopping the threat of an infringement of the consumer’s rights. It may only be brought by a consumer association or a non-governmental association.
Remedial action is action resulting from an infringement of the rights of a consumer or a group of consumers.
In all consumer protection proceedings, the seller, supplier or service provider bears the burden of proof to the contrary.
Decisions handed down in proceedings brought by a non-governmental association have their full beneficial effect on all consumers and may be relied upon by a consumer or group of consumers to obtain compensation for the loss suffered.
As part of consumer protection, an appeals committee has been set up in each arrondissement to provide a public arbitration service for disputes relating to consumer protection.
The consumer may request the cancellation or revision of the contract without prejudice to compensation for damage suffered.
The request for cancellation is based on hidden defects or faults that alter the quality of the technology, goods or services covered by the contract.
The consumer may demand that the technology, goods or service be replaced or repaired at the expense of the seller, supplier or service provider, without prejudice to his right to compensation for the damage suffered.
For the duration of the repair, which may not exceed fifteen (15) days from the time of delivery of the goods or the discovery of the defect in the technology or service, the seller, supplier or service provider must provide the consumer with a replacement good, technology or service so as to avoid any inconvenience to the consumer.
Failure to do so, or the impossibility of doing so, will result in be settled in damages negotiated with the consumer.
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