[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Consumer Contracts” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
[\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
The\u00a0Sale of Goods Ordinance<\/a>\u00a0(\u201cSGO\u201d) provides that goods for sale must be:<\/p>\n Of merchantable (satisfactory) quality.<\/strong>\u00a0Goods must meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all other relevant circumstances. The quality of goods includes their appearance and finish, their safety and their durability. Goods must be free from defects, even minor ones, except where these defects have been brought to your attention by the seller (\u00a0section 16<\/a>\u00a0of\u00a0SGO<\/a>\u00a0).<\/p>\n<\/li>\n Fit for their purposes, including any particular purpose mentioned by you to the seller.<\/strong>\u00a0For example, if you are buying a CD player and you tell the seller that the player must also play DVDs, the seller must not give you a CD player that cannot read a DVD (\u00a0section 16<\/a>\u00a0of\u00a0SGO<\/a>\u00a0).<\/p>\n<\/li>\n As described on the package or a display sign, or by the seller.<\/strong>\u00a0For example, if you are told that a shirt is 100% cotton, then it should not turn out to be cotton and polyester (\u00a0section 15<\/a>\u00a0of\u00a0SGO<\/a>\u00a0).<\/p>\n<\/li>\n Correspond with the sample.<\/strong>\u00a0If you are making a bulk purchase and you were shown a sample of the goods before receiving the whole lot, the bulk shall correspond with the sample in quality. You should also be given the chance to examine the whole lot\u00a0(\u00a0section 17<\/a>\u00a0of\u00a0SGO<\/a>\u00a0).<\/p>\n<\/li>\n<\/ul>\n If the sellers fail to meet any one of the above conditions, they are “in breach of contract”. Under these circumstances, consumers are entitled to reject the goods and demand a full refund (see question below).<\/p>\n You should also note that under\u00a0section 36<\/a>\u00a0of the\u00a0SGO<\/a>\u00a0, the buyer has the right to be given reasonable time to inspect the goods.<\/p>\n The term “goods” is defined under\u00a0section 2(1)<\/a>\u00a0of the\u00a0SGO<\/a>\u00a0as personal property other than things in action ( which includes cheques, debentures or share certificates) and money. Personal property should also be distinguished from, and does not include, \u201creal property\u201d (which includes real estate such as land, buildings and flats).<\/p>\n You are a “consumer” under\u00a0section 2A<\/a>\u00a0of the\u00a0SGO<\/a>\u00a0if:<\/p>\n In other words, you are dealing as a “consumer” if you purchase goods from a businessman or a company for your private use (you are the end user) but not for business purposes (such as resell to another party for profit making).<\/p>\n Generally speaking, sellers have a duty to deliver the goods and buyers have a duty to accept and pay for the goods in accordance with the terms of the contract.\u00a0Section 37<\/a>\u00a0of the\u00a0Sale of Goods Ordinance<\/a>\u00a0provides that buyers are deemed to have accepted the goods when:<\/p>\n Rejection of Goods<\/strong><\/p>\n You are entitled to reject the goods and get your money back if the goods:<\/p>\n In order to make a valid rejection, there must be a clear indication that the goods were not accepted and remain at the risk of the seller (i.e. the buyer takes no responsibility for the goods). You should call the seller immediately, return the goods by yourself, or ask the person who delivered the goods to take them back.<\/p>\n Under\u00a0section 38<\/a>\u00a0of the\u00a0Sale of Goods Ordinance<\/a>\u00a0, where goods are delivered to the buyer, and the buyer refuses to accept them with a lawful reason (e.g. the goods are not of satisfactory quality), that buyer is not bound to return them to the seller (although he may still do so). It is sufficient if that buyer intimates to the seller that he refuses to accept them.<\/p>\n A clear and prompt rejection is particularly important if you are not buying at a shop or on the spot. For instance, when you are ordering by phone, fax or on the internet, you don’t get to see the products until they are delivered to you, and often you have to pay in advance.<\/p>\n Return of Goods<\/strong><\/p>\n If you find out some problems on the goods\u00a0after accepting them<\/u>\u00a0, you may not be entitled to return the goods and demand a full refund. However, you can sue the seller for compensation if the seller refuses to replace the goods with the new ones.<\/p>\n Delivery<\/strong><\/p>\n The seller must deliver your goods by the agreed date. The seller should let you know if the goods can’t be delivered on time. If the date for delivery has passed and you haven’t received anything, you may treat it as though you had never placed the order (if you have previously emphasized that punctual delivery is necessary). If you have already paid, demand a full refund.<\/p>\n<\/div>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”Consumer Contracts” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] III. The Sale of Goods Ordinance [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] The\u00a0Sale of Goods Ordinance\u00a0(\u201cSGO\u201d) provides that goods for sale must be: Of merchantable (satisfactory) quality.\u00a0Goods must meet the standard that a reasonable […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p> Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p> The statutory requirements concerning the accreditation system in respect of local adoption in the HKSAR are set out in sections 26<\/a> , 26A<\/a> and 26B<\/a> of the Adoption Ordinance<\/a> .<\/p>","_et_gb_content_width":"","footnotes":""},"categories":[35,26,29],"tags":[],"class_list":["post-568","post","type-post","status-publish","format-standard","hentry","category-consumer-rights","category-daily-lives-legal-issues","category-topics"],"yoast_head":"\n\n
“Goods” as defined in the SGO<\/h2>\n
“Consumer” as defined in the SGO<\/h2>\n
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The goods that I have ordered are delivered to me in poor condition. Can I reject the goods and ask for a refund?<\/h3>\n
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