UAE: What can shoppers do when retail store sells fake designer goods?
Answer: In UAE, a consumer has the right to obtain accurate information related to the products purchased, or any of the paid services availed by a consumer under the Article 4(2) of the Federal Law No. 15 of 2020 on Consumer Protection which states, "All prescribed obligations under this Law shall be regarded as consumer rights, including: Obtaining true information on the commodities purchased, used or consumed or the service received."
A vendor is required to issue a detailed invoice including their trade name, address, product or service details, price, and quantity. This is by Article 8 (3) of the UAE Consumer Protection Law, which states,
"The provider shall be required to provide the consumer with a detailed invoice containing its trade name, address, commodity type, price and quantity or the service type, price and details and any other data prescribed by the Executive Regulation of this Law."
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Furthermore, all products should display clear and legible labels that show essential details, such as the product's name, type, components, quantity, and country of origin (using the phrase "Made in"), by applicable laws and standards. This is by Article 3 of Cabinet Resolution No. (66) of 2023 Concerning the Executive Regulations of Federal Law No. (15) of 2020 Concerning Consumer Protection.
"The provider shall clearly and legibly display the essential information specified by laws, regulations, technical standards, and approved specifications regarding the packaging or presentation of the product. Such data shall be according to the nature of the product, and it shall include, but is not limited to, the following details:
1. The name, type, nature, components and quantity of the good, whether about weight, measurement, number, measure, capacity, standard, or any other criteria affecting the value thereof;
2. The country of origin (the name of the country preceded by the phrase: "Made in");"
Furthermore, it is illegal to sell counterfeit products in the UAE. This is by Article 4(1) of the Federal Decree-Law No. 42 of 2023 on Combating Commercial Fraud, which states, "It is prohibited to import, export, produce, manufacture, display, sell, store, transport, market, trade, promote, dispose of, or possess counterfeit goods for selling, and it is also prohibited to attempt any of these acts."
Moreover, if a product turns out to be counterfeit, the law obliges the provider to refund the consumer the price paid by the consumer or change the counterfeit product by Article 7 of the UAE Commercial Fraud Law, which states,
"The provider is obligated to refund the value of fraudulent, spoiled or counterfeit goods, or exchange or change them according to the desire of the bona fide customer, without prejudice to the customer's right to claim compensation."
Article 17 of the UAE Commercial Fraud Law imposes up to two years' imprisonment and/or a fine between Dh5,000 and Dh1 million for violations of the UAE Commercial Fraud Law, which reads as below:
"A penalty of imprisonment for a period not exceeding (2) two years and/or a fine no less than five thousand (5,000) AED and not exceeding one million (1,000,000) AED shall be imposed on anyone who violates the provisions of Articles (4), (5), (8) and (11) of this Law by Decree"
Based on the aforementioned provisions of law, you may have the right to seek a refund or replacement of the item you purchased if it is indeed counterfeit, provided you can reasonably establish proof of purchase. The law imposes clear obligations on providers to ensure the authenticity of goods sold, to issue accurate invoices, and to properly label products. You may consider raising a formal complaint with the relevant consumer protection authority in the emirate where the provider is located. You may seek legal advice to explore further steps to reclaim the value of the purchase.
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