Consumer Protection Law

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PART 1: GENERAL PROVISIONS

Article 1: Definitions

The following terms and phrases, wherever they occur in this Law, shall have the meanings assigned thereto, unless the context requires otherwise:

Law: Consumer Protection Law.

Regulations: The Implementing Regulations of the Law.

Competent authority: The authority responsible for the enforcement of the Law; the preparation and development of consumer protection policies, regulations and rules in the Kingdom and oversee their implementation; and carrying out market surveillance activities.

Relevant authorities: Any government body exercises powers or perform functions in relation to consumer protection and market surveillance.

Consumer: A natural person who seeks to acquire goods or services for personal, family or household use.

Economic operator: A natural or legal person, private or public, who carries out a commercial, industrial, professional or craft activity, and provides a service to the consumer or produces a product, manufactures, imports, exports, sells, rents, displays, distributes or markets it with the aim of providing it to the consumer or entering into a transaction or a contract therewith by any means, including electronic means.

Service provider: Any economic operator who provides a service to the consumer within the context of his trade, business, craft, or profession, either for a fee or free of charge.

Products: Any industrial, agricultural, animal, intellectual, technical, transformative or digital product provided to the consumer, whether new or used products, including the raw materials of the substances and components of the product.

Service: Any material or intellectual activity provided to the consumer by the service provider.

Business premises: The place of business of the economic operator and any movable premises where the economic operator carries out his activity on a usual basis, including websites and other premises.

Place of business: The economic operator's address as registered in the Commercial Registry, his national or residential address, or the address indicated on the online platform where he makes products or services available to consumers.

Price: The price of sale or rent or use of the product or service, as the case may be.

Defect: A deficiency in the quality, quantity, efficiency or a difference in the shape, size, or components of a product or service resulting from an error in its design, manufacture, production, or provision to the consumer, which may lead to harm or deprive him, in whole or in part, of benefiting therefrom, provided that the defect has not resulted directly or indirectly from the action of the consumer.

Advertising: Any form of communication intended to market or promote products or services, or to enhance the reputation and position of an economic operator in the market.

Discounts: The display products or services with the intent of selling or offering them at lower prices, by any means.

Contests: Any act aimed toward consumers directly or through media or any other means, which attracts consumers by offering them the chance to win money or prizes.

Corrective measures: Actions taken to prevent, correct or eliminate infringements of the Law and its Regulations.

Article 2: Overall purposes

The purpose of this Law is to protect consumer rights and ensure proper functioning of the market, as follows:

A.   Ensure a fair balance in the rights and obligations between the economic operator and the consumer.
B.    Protect consumers against products and services that are harmful, defective, infringing or unsafe.
C.    Prevent business conduct that is unfair to consumers.
D.   Make consumers better educated and informed about their rights and obligations, and promote consumer rights culture and sustainable consumption.
E.    Contribute to the efficiency of market controls.
F.     Facilitate the settlement of disputes between the consumer and the economic operator.
G.   Create ways to enhance the participation of consumers and economic operators in decision-making processes that affect them.

Article 3: Scope of application

This Law applies to the relationship between the consumer and the economic operator with regard to a product or a service offered or made available in the Kingdom. This Law shall apply irrespective of the trading methods and means thereof, including consumer contracts concluded at distance.
A contract concluded at distance by a consumer residing in the Kingdom is deemed to be concluded at the place of residence of the consumer.
The level of protection for consumers using electronic commerce shall not be less than that afforded in other forms of commerce.

PART TWO: BASIC CONSUMER RIGHTS

Article 4: Basic consumer rights

This Law aims to protect consumer rights, and consumers shall be granted the following rights:

A.   The right to access essential products and services.
B.    The right to protection against risks to their life, health and safety.
C.    The right to information required to enable them to make an informed choice according to their wishes and needs.
D.   The right to be informed of the economic, social and environmental consequences of the choices they make.
E.    The right to the protection of their personal dignity, privacy and personal data.
F.     The right of respect to their religious values, public order and morality when provided with a product or service.
G.   The right to bring legal actions for any matter related to the violation of consumer rights and to have access to quick and convenient procedures to settle consumer disputes.
H.   The right to obtain fair compensation for the damage they suffer as a result of purchase or normal use of a product or service.
I.       The right to obtain representation of the collective interests of consumers.
J.      The right to form and join consumer associations.
K.    The right to participation and consultation in consumer protection laws and regulations.
L.     Any other rights stipulated by other relevant laws and the Regulations.

Article 5: Vulnerable consumers

When preparing, studying, implementing, interpreting laws, regulations (and the like), decisions and procedures in relation to consumer protection, or when exercising powers related thereto, the competent authority and the relevant authorities are expected to give special attention to the protection of consumers who, due to objective or subjective reasons, such as age, disability, psychological or mental state and other conditions that negatively affect their decision and choice, are especially susceptible to detriment.
The economic operator is expected to give special attention to the protection of consumers who are more susceptible to detriment if the reasons referred to in Paragraph 1 of this Article are known to him or the nature of the work requires such knowledge.

PART THREE: INFORMATION OF CONSUMERS

Article 6: Product or service information

Economic operators shall, depending on the nature of the product or service, provide consumers with the following information:

A. The type, batch, serial number, code, or other element allowing for the identification of the product.

B. The name or trademark of the product or service.

C. The quantity of the product or service.

D. The composition of the product or main components of the service.

E. The weight or measure of the product or service.

F. The geographical origin of the product.

G. The price of the product or service.

H. A certificate of manufacture of the product, or a license to provide the service which requires obtaining a certificate or license.

I. Identity information including: trade name or trademark, license data (if any), place of business, telephone number and electronic communication means of:

The manufacturer, his representative, or the importer.
The distributor or agent.
The economic operator or any other person that the consumer may turn to for additional information or to file a complaint.

J. Any other information requirements specified by the Regulations.

Article 7: Provision of information

The information provided to consumers shall be clear, accurate, adequate and not misleading.
The information provided to consumers shall be in writing through the use of advertisements, wrappings, labels, warnings, instructions for use or by any means appropriate to its content.
The information may be provided on an electronic medium in such a way that it may be printed free of charge.

Article 8: Language

Any information provided to consumers, whatever type, medium and form, shall be in the Arabic language; other languages may be used in addition to Arabic.

Article 9: Ways to indicate the price of products

The economic operator who makes a product available to consumers shall clearly place the price on the product itself or in a prominent position where the product is displayed.
Special rules will be issued by the Regulations for economic operators who use the universal product bar code and optical scanners.

Article 10: Ways to indicate the tariff of services

1. The service provider shall establish a written quote in a clear and understandable manner before providing the service. The quote shall at least contain:

A.   The name and place of business of the service provider
B.    The details and nature of the service to be performed.
C.    The fixed tariff of the service or the tariff calculated by reference to well-specified parameters.
D.   The period of validity of the quote.

2. The quote shall be free of charge except if the provider of the service has informed the consumer, before establishing the quote, about the cost of the quote.
3. Providers of maintenance and repair services shall inform the consumer of the maintenance and repair work required for the product, the period of repair and its cost, and shall obtain the express consumer’s consent to such works before carrying them out.

Article 11: All-inclusive price

The price of the product or service as indicated must be in Saudi Riyals and include all applicable taxes and the costs of any product or service of which the acquisition or use is made unavoidable at the time of buying the product or service.
Where the nature of the products or services is such that the price cannot be calculated in advance, the economic operator shall inform the consumer about the manner in which the price is to be calculated.

Article 12: Application of different prices or tariffs.

It is prohibited to require from the consumer within the same business premises different prices or tariffs for identical products or services.
Without prejudice to the application of other sanctions, in case of breach of the provision of Paragraph 1 of this Article, the consumer will be entitled to obtain the product or service at the lowest price or tariff, unless the economic operator can prove an obvious and unintentional error.

Article 13: Price or tariff reductions

Whenever the price of a product or tariff of a service is reduced outside the context of sales campaigns, the economic operator shall indicate, in addition to the reduced price or tariff, the lowest price applied by the economic operator during a period of time not shorter than 30 days prior to the application of the price or tariff reduction.
The Regulations may set out rules for the discount of products which are liable to deteriorate or expire rapidly.

Article14: Obligation to deliver an invoice

1. The economic operator shall provide the consumer after purchasing the product or providing the service with a paper or electronic invoice including the following data:

A.   The identity of the economic operator, such as his trading name and place of business.
B.    Information on how to contact the economic operator, in particular by phone or electronic means.
C.    A short description of the provided product or service and its price or tariff.
D.   The date of execution of the contract, or the date of purchase.
E.    The total and all-inclusive price or tariff paid.
F.     The economic operator’s tax number, if any.
G.   Any other data specified by the Regulations.
2.    The invoice issued by providers of maintenance and repair services shall indicate, in addition, the maintenance or repair work performed and the parts of the product replaced.

3. If the economic operator does not deliver the invoice as set out in Paragraphs 1 and 2 of this Article, the consumer shall have the right to prove the specifications of the product or service and the terms of the contract by all means of proof.

Article 15: Availability of standard contract

The economic operator shall provide the consumer with a copy of the standard contract free of charge at any time the consumer so requests.

Article 16: Burden of proof

The proof of the fulfilment of the obligations to inform the consumer lies with the economic operator.

PART FOUR: COMMERCIAL PRACTICES

Article 17: Unfair commercial practices

The following unfair commercial practices shall be prohibited:

A.   Advertising products and services that are not available and cannot be provided.
B.    Stating that a product or service will only be available for a limited time, or that it will only be available on particular terms, or that only a limited stock of the product is available, while the economic operator does not have a stock sufficient to meet the demand that can be expected as a result of the announcement made.
C.    Reducing the product’s life cycle or negatively affecting its efficiency after a certain period of time in order to increase its consumption.
D.   Using editorial content in the media to promote a product or service where the economic operator has paid for the promotion without indicating in a visible and legible manner the term “advertising” (“advertorial”).
E.    Making use of threatening or abusive language or behavior.
F.     Exploiting the weakness or ignorance of the consumer, or any specific event or circumstance of such gravity as to impair the consumer’s judgment, in order to influence the consumer’s decision with regard to the product or service.
G.   Threatening to take an action which cannot legally be taken.
H.   Imposing burdensome or unjustified conditions or restrictions when the customer wishes to exercise his legal rights.
I.       Using the phrase “goods once sold will not be taken back or exchanged” or any similar phrase in the premises of the economic operator or on his documents, papers or advertisements.
J.      Collecting, keeping, or using the consumer’s personal data without informing him or obtaining his consent.
K.    Making solicitations by telephone, electronic means, mail, websites, applications or other remote media when it is not justified to enforce a contractual obligation, except if the consumer has explicitly agreed to receive such offers using well-specified communication means.
L.     Demanding immediate or deferred payment for or the return or safekeeping of products or services supplied by the economic operator, but not solicited by the consumer (“inertia selling”).
M.Charging consumers fees that exceed the cost to the economic operator of using any particular payment instrument.
N.   Submitting or commissioning another person to submit false consumer reviews or endorsements, or misrepresenting consumer reviews or social endorsements, in order to promote products or services.
O. Discriminating among consumers without a valid reason on the basis of race, gender or nationality.
P.    Any other unfair commercial practices specified by the Regulations.

Article 18: Misleading commercial practices

Misleading commercial practices are prohibited. A commercial practice shall be regarded as misleading if it contains false information, or in any way, including overall presentation, deceives consumers; or if it omits relevant information, or provides information in unclear or unintelligible manner or fails to indicate its commercial nature. The misleading or deceptive nature of the commercial practice can be decided by reference to any of the following elements:

A.   The nature, essential specifications, composition and quantity of the product, or service.
B.    The source, weight, size, method of manufacture, date of production, expiration date, conditions and dangers of use.
C.    Characteristics, or results and benefits that can be expected from the use of the product or service.
D.   The price or tariff, including any amounts added to the price.
E.    The identity of the economic operator.
F.     The type of service, the location of providing the service, its intrinsic specifications and the dangers of its use.
G.   Contract terms and procedures, after-sale service, legal warranty and commercial guarantees.
H.   Awards, certificates or quality marks obtained by the product or service.
I.       Trademarks, data or logos.
J.      Sales and price reductions.
K.    Any other items specified by the Regulations.

Article 19: Comparative advertising

Any advertising which compares products or services with those available or offered by an economic operator who is explicitly or by implication identified shall be permitted only if:
A.   It does not include misleading practices.
B.    It compares products or services meeting the same needs of the consumer.
C.    It compares one or more of the main and verifiable features of those products and services.
D.   It does not discredit or denigrate the competitor.

Article 20: Electronic advertising

1. Sending advertising to a consumer by using his electronic mail address is allowed only if the consumer has given his explicit and prior consent to receive advertising by electronic mail from this economic operator.

2.    When asked by an economic operator to provide his electronic mail address, the consumer shall be informed, at the same time, that his electronic mail address may be used for advertising purpose and shall be given the opportunity to refuse such use.
3.    Any advertising posted or sent to consumers by electronic means shall:
A.   clearly state that it is advertising material. Advertising sent to a consumer by using his electronic mail address must be clearly and unequivocally identifiable upon receipt by including the term “advertising” in the object of the message or, if this is technically impossible, at the start of or above the body of the message;
B.    state the identity of the economic operator on whose name or behalf the advertising is made; and
C.    inform consumers on how to communicate by electronic means to send a request to stop further communication of advertising to them.
The Regulations may specify the provisions necessary for the implementation of this Article.

Article 21: Advertising directed at children

It is prohibited to include in an advertisement a message targeted to children that is grossly detrimental to their well-being, or advertise products that are incompatible with their age groups.

Article 22: Communication with the economic operator

Where economic operators operate a telephone line for the purpose of contacting them, consumers shall not pay more than the applicable basic phone rate.
Where economic operators operate electronic communication means, artificial intelligence or webpage for the purpose of contacting them directly or indirectly, consumers are not bound to make any payment.

Article 23: Discounts

Discounts are allowed as long as they do not contain misleading practices according to the Law.
Terms and conditions for announcing and performing sales campaigns shall be set by the Regulations.

Article 24: Contests

1. It is prohibited to announce or launch a contest without obtaining a license from the competent authority.
2. The economic operator shall submit an application to the competent authority before the date of launching the contest. This application must contain the following information:

A.   The title and purpose of the contest.
B.    The territorial scope of the contest.
C.    The period of the contest, together with its start date and end date.
D.   The date of declaring the results of the contest and the deadline schedules to present and deliver the awards.
E.    The conditions for participating to the contest.
F.     The awards offered in the contest and evidence of ownership of such awards.
G.   The number of contest coupons and a sample thereof.
3.    Contest coupons shall not be placed inside the product, and participation to the contest shall not require purchasing a product or service. The prices of the products or services which are directly associated with the contest may not be increased during the contest period.
4.    Additional conditions for announcing and performing contests shall be set out by the Regulations.

Article 25: Refraining from making products and services available

Subject to the provisions of relevant laws, it is prohibited to lock up strategic products or services that are intended for sale in any way, whether by hiding or refraining from offering or from selling them on the market.
A decision by the head of the competent authority shall identify the types of strategic products and services, together with their availability controls and time periods.
Economic operators who hold strategic goods for non-personal use shall notify the competent authority of the stored products and their quantities.

a26Article 26: Abnormal increases in prices

In emergency situations or during natural disasters or other exceptional circumstances that cause an abnormal increase in prices, the head of the competent authority may take temporary measures to curtail price increases after obtaining approval from the Council of Ministers. The Regulations shall specify the reasons to be relied on in evaluating the abnormal increase in prices and the measures taken to curtail this increase.

PART FIVE: CONSUMER CONTRACTS

SECTION 1. General Provisions

Article 27: Contract terms

1. The provisions of the Law shall apply to all consumer contracts. It applies to both standard contract terms and individually negotiated contract terms. Individually negotiated contract terms shall take precedence over standard contract terms.
2. Where any economic operator claims that a standard contract term has been individually negotiated, the burden of proof in this respect shall be incumbent on him.

Article 28: Disclosure requirements at contracting

1. Before the consumer is bound by a contract, economic operators shall provide the consumer with the terms and conditions of the contract and the necessary information about the product or service and its usage instructions according the nature of the product or service, such information includes the following:

A.   The main characteristics of the product, or service.
B.    The identity of the economic operator, such as trading name and place of business.
C.    Contact information of the economic operator, in particular telephone number and electronic address or other electronic communication means where available.
D.   The price or tariff of the product or service.
E.    When the contract is not implemented immediately, the arrangements for payment, delivery and performance.
F.     Terms of exchange and return.
G.   Where applicable, the conditions for installation, use and maintenance of the product or service.
H.   The duration of the contract or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract.
I.       If any, the risks associated with the use of the product or service and how to prevent, reduce or remove these risks.
J.      The policy and procedure of the economic operator for handling consumer complaints (if available), including, where applicable, a dedicated electronic address where to submit claims.
K.    Disclosure of the possibility to submit a consumer dispute to an ADR body or ODR platform.
L.     Any other information specified by the Regulations.
2.    In the case of sales of second-hand products, the seller shall indicate to the consumer the condition of the goods and their defects, in accordance with the specifications set out in the Regulations. In the case of sales of second-hand vehicles, the seller shall submit to the consumer a technical report on the condition of the vehicle and its defects issued by a service center licensed for this activity. The seller and the service center shall be jointly liable for deliberate concealment of material data affecting the purchase price or the completion of the sale, or if the technical report does not include all relevant data due to gross negligence by either party.
3.    The proof of the fulfilment of the obligation to inform the consumer on the items listed in Paragraph 1 of this Article lies with the economic operator.

Article 29: Presentation of contract terms

1. Contract terms shall be presented to the consumer in a manner which is clear, understandable, accurate and not misleading.
2. Contract terms may be presented to the consumer verbally, in writing or through an electronic medium.

Article 30: General prohibition of unfair contract terms

1. Contracts between economic operators and consumers shall not contain unfair terms. Unfair terms will be void, and the rest of the contract will continue to bind the parties without the unfair term, whenever possible.
2. Any term that, alone or in combination with one or more other terms of the contract, creates a gross imbalance between the rights and obligations of the parties to the detriment of the consumer, is unfair. The circumstances in which the contract was presented and concluded shall be taken into consideration.

Article 31: List of terms prohibited in consumer contracts

When included in consumer contracts, the following terms shall be considered as unfair under all circumstances and hence prohibited:
A.   To exempt the economic operator from any obligations, under this Law and its Regulations.
B.    To allow the economic operator to unilaterally dissolve, amend or interpret the terms of the contract to his benefit.
C.    To exclude or limit the liability of the economic operator for fault or negligence.
D.   To exclude or limit the access of consumers to the courts.
E.    To require the consumer to start legal proceedings before a court other than the court of the consumer’s residence.
F.     To designate as the law applicable in case of disputes arising from a contract offered or performed on the territory of the Kingdom the law of another country.
G.   Any other conditions specified by the Regulations.

Article 32: Delivery terms

1.    The economic operator and the consumer may agree on the time of the delivery. In the absence of such an agreement, the economic operator shall deliver the product to the consumer no later than 15 days from the day of the conclusion of the contract.
2.    The economic operator shall inform the consumer of any expected delays or difficulties that would have a material effect on the delivery or execution of the contract, and the expected date of delivery or execution.
3.    If the economic operator fails to deliver the product within the time set forth in Paragraph 1 of this Article or the time agreed upon by the parties, the consumer shall be entitled to terminate the contract.
4.    In case of termination of the contract, the economic operator shall, without undue delay and no later than 14 days from the day of notification of the termination of the contract, reimburse all payments made under the contract.

Article 33: Transfer of the risk

1. In a sales contract, the products remain at the economic operator’s risk until they come into the physical possession of the consumer, or the person identified by the consumer to take possession of the products.
2. The products are at the consumer’s risk if they are delivered to the carrier who is commissioned by the consumer to deliver the products, and is not a carrier named by the economic operator as an option for the consumer.

Article 34: Interpretation rule

In case of doubt or ambiguity in a term of a contract, the interpretation that is most favorable to the consumer shall prevail.

Section 2. OFF-PREMISES CONTRACTS

Article 35: Consumer contracts concluded off-premises

Consumer contracts concluded off-premises are contracts concluded between an economic operator and a consumer during a visit organized by the economic operator away from his business premises, or during a visit by the economic operator to the consumer's home or place of work, unless the visit takes place at the request of the consumer.

Article 36: Right of withdrawal

1.    In case of contracts concluded off-premises, the consumer shall have a period of 7 days to withdraw from the contract without giving any reasons, and without incurring any costs, provided that he informs the economic operator in writing. The withdrawal period shall start from the day on which the consumer or a third-party other than the carrier and designated by the consumer acquires physical possession of the product. In the case of services contracts, the withdrawal period shall start from the day of conclusion of the contract.
2.    The exercise of the right of withdrawal shall terminate the obligations of the parties under the contract and any ancillary contract.
3.    The burden of proof of exercising the right of withdrawal rests with the consumer.
4.    The consumer has no right to withdraw from the contracts stipulated in Article 42.
5.    Further modalities to exercise the right to withdraw may be prescribed by the Regulations.

Article 37: Obligations of the parties in the event of withdrawal

1.    The consumer shall return the product to the economic operator or to a person authorized by the economic operator to receive the product not later than 7 days from the day on which he has communicated his decision to withdraw from the contract.
2.    The economic operator shall reimburse all payments received from the consumer not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract. The economic operator may withhold the reimbursement until he has received the product, or until the consumer has supplied evidence of having sent back the product, whichever is the earliest.
3.    The economic operator shall reimburse the payments received from the consumer using the same payment method the consumer used originally, unless the consumer expressly agrees to use an alternative method, or the same method cannot be used for a reason beyond the control of the economic operator, provided that the consumer does not incur any costs.
4.    The consumer must take care of the product in his possession and limit its use to what is necessary to verify its consistency with the legal warranty stipulated in Article 49.

Article 38: Information on the right of withdrawal

1.    Subject to Article 28, before the consumer is bound by a contract concluded off-premises, the economic operator shall indicate to the consumer in writing or through an electronic medium, in a clear and understandable manner, the following information:
A.   The consumer’s right to withdraw from the contract without giving any reason, and without incurring any costs, during the period stipulated in Paragraph 1 of Article 36.
B.    The conditions of exercise of the consumer’s right to withdraw.
2.    The burden of proof regarding compliance with the information requirements rests with the economic operator.

Section 3. DISTANCE CONTRACTS

Article 39: Contracts concluded at distance

1. Consumer contracts concluded at distance are contracts concluded between an economic operator and a consumer by any distance communication means such as telephone, fax, e-mail, website and any other means specified by the Regulations.
2. Consumers shall be equally protected regardless of the form of distance communication means they use.

Article 40: Exemptions

The following contracts are exempted from the scope of application of the rules on contracts concluded at distance:
A.   Contracts concluded by means of automatic vending machines.
B.    Contracts concluded for the supply of financial services.
C.    Any other contracts stipulated in the Regulations.

Article 41: Right of withdrawal from distance contracts

1.    In case of contracts concluded at distance, the consumer shall have a period of 7 days to withdraw from the contract without giving any reasons, and without incurring any costs, provided that he informs the economic operator in writing.   The withdrawal period shall start from the day on which the consumer or a third-party other than the carrier and designated by the consumer acquires physical possession of the product. In the case of services contracts, the withdrawal period shall start from the day of conclusion of the contract.
2.    The exercise of the right of withdrawal shall terminate the obligations of the parties under the contract and any ancillary contract.
3.    The burden of proof of exercising the right of withdrawal rests with the consumer.
4.    Further modalities to exercise of the right to withdraw may be prescribed by the Regulations.

Article 42: Exemptions from the right of withdrawal

The consumer is not entitled to withdraw from the following contracts:
A.   Service contracts that have been fully performed. Performance on service contracts may only start if the consumer has given express consent and understands and acknowledges that he will lose the right to withdraw from the contract once fully performed.
B.    Contracts for the supply of products, including digital content, made to the individual consumer’s specifications or identity. This does not include products that are defective or not conforming to the specifications.
C.    Contracts for the supply of newspapers, magazines newsletters or books.
D.   Contracts for the supply of digital content which is made available by an electronic medium. Performance on digital content contracts may only start if the consumer has given express consent and understands and acknowledges that he will lose the right to withdraw from the contract.
E.    Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
F.     Contracts for the provision of accommodation, transport of products, car rental services, catering, passenger transport services or services related to leisure activities if the contract provides for a specific date or period of performance.
G.   Any other contracts specified by the Regulations.
In all cases, the consumer has no right to withdraw from the contract if the product is found to be defective due to misuse.

Article 43: Obligations of the parties in the event of withdrawal

1.    The consumer shall send back the products or hand them over to the economic operator or to a person authorized by the economic operator to receive the product not later than 7 days from the day on which he has communicated his decision to withdraw from the contract.
2.    The economic operator shall reimburse all payments received from the consumer not later than 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract. The economic operator may withhold the reimbursement until he has received the product, or until the consumer has supplied evidence of having sent back the product, whichever is the earliest.
3.    The economic operator shall reimburse the payments received from the consumer using the same payment method the consumer used originally, unless the consumer expressly agrees to use an alternative method, or the same method cannot be used for a reason beyond the control of the economic operator, provided that the consumer does not incur any costs.
4.    The consumer must take care of the product in his possession and limit its use to what is necessary to verify its consistency with the legal warranty stipulated in Article 49.

Article 44: Information to be provided to consumers in advance

1.    Subject to Article 28, before the consumer is bound by a contract concluded at distance, the economic operator shall provide the consumer, in a clear and comprehensible manner in any way appropriate to the means of distance communication used, with the following information:
A.   The identity of the economic operator, including the trade name and place of business.
B.    A communication means to get in touch in a direct and effective manner.
C.    Where the right of withdrawal exists, the consumer’s right to withdraw from the contract without giving any reason and without incurring any costs, during the period stipulated in Paragraph 1 of Article 41, and the modalities to exercise the right of withdrawal.
D.   detailed instructions regarding payment methods.
2.    The economic operator shall make clear to the consumer that he is entering into a contract and will have an obligation to pay. If this information is not provided, the consumer shall not be bound by the contract.
3.    The burden of proof regarding compliance with the information requirements rests with the economic operator.
4.    Additional information requirements may be prescribed by the Regulations, notably with regard to contracts concluded on online platforms.

Article 45: Right to correction

When the consumer agrees to conclude a contract at distance, his agreement must be confirmed and he shall have the right to correct or amend his order within 24 hours of receipt of the confirmation, unless the contracting parties agree for a longer period or the consumer has already received and made any use of the product or service before correction.
Ways to confirm the consumer’s agreement, conditions, and procedures for bringing corrections or amendments to the order shall be set out by the Regulations.

PART SIX: WARRANTY

Section 1. General warranty

Article 46: Compliance with applicable requirements

Economic operators who make available a product or a service to the consumer shall ensure that this product or service fully complies with standards and specifications, quality standards and other applicable terms and requirements.

Article 47: Notification

1. Without prejudice to any obligation under any applicable law, where economic operators know or ought to know, based on information that they have or should have in their possession as professionals, that the product, or service they made available to the consumer, does not substantially comply with the requirements stipulated in Article 46, including defects in products, they shall, within a maximum period of 10 days from discovery or knowledge of the non-compliance, report to the competent authority, describe the possible damage and any corrective measures taken or proposed.
2. Economic operators shall, on request, provide the competent authority with the name and business address of other economic operators to whom they have supplied the non-compliant product or service referred to in Paragraph 1 of this Article, and the economic operator from whom they have received them.

Section 2. Legal Warranty

Article 48: Contracts and products excluded from warranty

This section does not apply to:
A.   Contracts for the supply of digital content and digital services, unless they are incorporated in or inter-connected with the goods and sold together under the sale contract by the economic operator or a third party.
B.    Any products sold by way of execution or otherwise by authority of law.
C.    Second-hand products sold at public auction.
D.   Living animals.
E.    Any other products or contracts specified by the Regulations.

Article 49: Legal warranty

1.    The economic operator shall ensure that the product delivered or the service provided to the consumer are free of defects and conform to:
A.   The terms and conditions of the contract with the consumer.
B.    Where applicable, the sample or model that the seller made available to the consumer before the conclusion of the contract.
C.    The qualities and other specifications normal for products or services of the same type.
D.   Any statement issued by or on behalf of the economic operator especially in advertising or on labels that relate to the specifications of the product or service.
E.    The description and instructions for installation and use as stipulated by the sales contract or the services contract.
F.     The purposes for which products or services of the same type would normally be used.
G.   Any particular purpose made known to the   economic operator at the time of the conclusion of the sales contract, and in respect of which the economic operator has given acceptance.
2.    In the case of digital products, the economic operator shall ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep these products in compliance with the legal warranty.
3.    At the time of contracting, the economic operator shall ensure that the consumer is informed in a clear, comprehensible and legible manner of the legal warranty and its scope, and the consumer’s rights in relation thereto. The Regulations shall determine the type of information that requires clarification and the appropriate manner to inform the consumer thereof.
4.    The legal warranty shall remain valid in favor of the last consumer to whom the ownership of the product has been transferred, and any agreement to the contrary shall be null and void.

Article 50: Incorrect installation

Any breach resulting from the incorrect installation of the products shall be regarded as breach of warranty, if:
A. the installation forms part of the sales contract and was carried out by the economic operator or under the economic operator's supervision; or
B. the installation was done by the consumer and the incorrect installation was due to shortcomings in the installation instructions provided by the economic operator

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Article 51: Duration of the legal warranty

1.    The economic operator shall be liable towards the consumer for any breach of legal warranty which becomes apparent within two years of the time of delivery of the product. In the case of second-hand products, the economic operator and the consumer may agree to a shorter period, provided that such period is not less than a year.
2.    The economic operator shall be liable towards the consumer for any breach of legal warranty that occurs or becomes apparent within a year from providing the service.
3.    In the case of digital products, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, the economic operator shall also be liable for any defect of the digital content or digital service that occurs or becomes apparent within two years of the time when the goods with digital content or digital service were delivered. Where the contract provides for a continuous supply for more than two years, the economic operator shall be liable for any breach of legal warranty of the digital content or digital service that occurs or becomes apparent within the period of time during which the digital content or digital service is to be supplied under the sales contract.
4.    The Regulations may specify different periods for products or services whose nature so requires.

Article 52: Exemption from legal warranty

There shall be no breach of legal warranty :
A. if the economic operator can prove that the breach did not exist at the time the product was delivered or the service was provided to the consumer, or the breach was caused by consumer misuse; or
B. if, at the time of the conclusion of the contract, the consumer was specifically informed about the presence of the breach affecting the product or the service and the consumer expressly accepted that defect in writing.

Article 53: Consumer remedies

1.    In the event of a breach of legal warranty, the consumer shall be entitled, under the conditions set out by the Regulations, to have the product repaired, replaced, exchanged or to be reimbursed with the amount paid, at no cost to the consumer.
2.    In the event of a breach of legal warranty, the service provider shall, under the conditions set out by the Regulations, reimburse the consumer for the amount paid for the service, pay compensation for the shortfall or provide the service again in a proper manner.
3.    The consumer is entitled to claim compensation for any damage caused by the breach of legal warranty.

Section 3. Additional Guarantees

Article 54: Additional guarantees

1.    At the time of contracting, economic operators may offer or propose to the consumer guarantees that shall grant him more protection than he is granted by legal warranties. The guarantee shall be provided to the consumer in writing on a separate document or an electronic medium. It shall be expressed in plain intelligible language.
2.    The guarantee document shall include:
A.   A clear statement that the consumer is entitled to all the rights granted to him under the Law free of charge in the event of a breach of legal warranty, and that those rights are not affected by the guarantee.
B.    The name and place of business of the economic operator offering the guarantee.
C.    The scope, duration, cost -if any-, and applicable exclusions of the guarantee.
D.   The procedure to be followed by the consumer to obtain the implementation of the guarantee.
3.    In any communication relating to these additional commitments, the economic operators shall use the term “guarantee” to avoid any confusion with the legal warranty.

Section 4. Spare Parts and Repair Services

Article 55: Availability of spare parts and repair services

The economic operator shall make spare parts and repair services available during the during the period specified in the Regulations (as determined by the nature of the product or service) , and inform the consumer of such period.

The Regulations shall specify further provisions required for the implantation of this obligation.

Article 56: Information on the availability of spare parts and repair services

At the time of contracting, the economic provider shall inform the consumer of the period necessary to provide spare parts.

PART SEVEN: MARKET SURVEILLANCE

Article 57: Market surveillance procedures

The competent authority shall oversee the market to ensure the economic operators are compliant with the provisions of the Law and its Regulations, and it shall issue the rules, controls and procedures necessary to protect consumers.

Article 58: Monitoring tools

The competent authority and the relevant authorities shall manage or adhere to databases or exchange of information systems to monitor consumer incidents, complaints, and behavior as well as to collect information on market surveillance actions, corrective measures and sanctions in the area of consumer protection.

Article 59: Designation and mission of inspectors

1. Inspectors who are designated by a decision of the head of the competent authority shall, collectively or individually, carry out monitoring, inspections, investigations, establishing, proving and detecting any infringement of the provisions of the Law and its Regulations. The inspectors shall have the capacity of law enforcement officers.

2.    Inspectors shall have the following powers:
A.   Enter and inspect the place of business, business premises, offices, branches, warehouse, storage places and means of transport that are used by the economic operator.
B.    Obtain, inspect, control, collect, review and keep any relevant documents, data, information or records related to an infringement covered by the Law.
C.    Require the presence of legal representatives of the economic operator, or any person works for the economic operator or has information that may uncover the infringement in the offices of the competent authority, at the economic operator’s place of business or in the place where products are sold, stored, distributed or handled or services are provided.
D.   Take samples and carry out all testing and examination necessary to confirm compliance with the Law and its Regulations.
E.    Examine and test products or services to obtain evidence.
F.     View footage from surveillance cameras located in business premises.
G.   Where the evidence cannot be obtained by other means, purchase products or services under a cover identity.
H.   Make use of the results of the inspection carried out by other market surveillance authorities.
I.       Seek assistance from the competent authorities when needed.
The inspector shall provide evidence of his capacity when exercising his powers.

3. Inspectors shall take the necessary measures to preserve confidentiality of the trade and profession secrets, and to protect the personal data of economic operators and their employees or others.

4. The Regulations shall determine the criteria for selecting inspectors, as well as the controls and procedures they are required to adhere to when performing their duties and exercising their powers.

5. The infringement may be exempted from enforcement action if corrected by the economic operator and settled with the consumer.

6. The head of the competent authority shall, pursuant to a decision issued thereby, determine the rules for the remuneration of inspectors and employees who work on detecting violations of the Law and its Regulations.

Article 60: Inspection statements

1. Irrespective of the outcome of the inspection, the inspector shall prepare and provide inspection statements that shall include the following:

A. The date and time of the report.
B. The identification and signature of the inspector issuing the report.
C. The name, the ID number or commercial registration number, the tax number and the place of business of the economic operator concerned.
D. The name and official identification number of the person present on the premises of the economic operator and their capacity.
E. The facts and outcomes of the inspection.
F. Where appropriate, statements made by any person present at the place of inspection.

2. Inspection statements may include attachments for all documents considered necessary by the inspector to clarify and to appropriately assess the facts under investigation.

3. No person may obstruct or hinder inspectors from performing their work, such as hiding information or providing incorrect or misleading data.

Article 61: Administrative penalties

1. The Regulations shall issue the list of minor infringements for which inspectors may issue administrative penalties, the rules and procedures thereof, and the amount of fines within the limits set by the Law.

2. In case of minor infringement of the Law or Regulations, inspectors are entitled to impose the following administrative penalties on the economic operator:

A.   Warning.
B.    Correct the infringement within a fixed period of time   as per the Law and its Regulations.
C.    Pay a fine not exceeding (5000) five thousand riyals.

Article 62: Right to appeal

1. The notice of imposition of penalty delivered to the economic operator shall inform them about their right to appeal and describe the procedure thereof in a clear and legible manner.

2. An appeal against the decision on the administrative penalty may be brought before the committee that is formed pursuant to Article 75 within 30 days from the day of notification of the decision. The committee shall examine and decide on the appeal within a period not exceeding 15 days from the date of submission thereof, and it may approve, amend or revoke the decision.

3. An appeal against the decision taken in appeal by the committee may be brought before the competent court.

Article 63: Injunctions against infringement

1. Economic operators, interested parties, consumer associations, chambers of commerce and economic operators associations shall be entitled to bring an action before the competent court to seek a provisional or definitive measure to cease or prohibit a practice deemed to constitute an infringement.

2. The measure referred to in Paragraph 1 of this Article may include:

A. An obligation to publish the decision on the measure in such form as deemed adequate, or to publish a corrective statement.
B. An obligation to compensate consumers who can bring evidence of any costs or damage caused by the infringement.

3. In order to seek an injunction measure, individual consumers concerned shall not be required to express their will to be represented by the claimant. The claimant shall not have to prove the actual loss or damage on the part of individual consumers affected by an infringement nor the intention or negligence on the part of the economic operator.

4. Rules of procedures of actions for injunctions shall be issued by the Regulations.

5. The provisions of this Article shall not prejudice the right of consumers - individually or collectively - to claim their rights.

PART EIGHT: CONSUMER REDRESS

Article 65: Consumer remedies

In case the consumer has suffered damage as a result of a violation of his rights or an infringement of the provisions of this Law or its Regulations, the consumer shall have access to proportionate and effective remedies against the economic operator, including the termination of the contract, replacement of the product or reduction of the price, and he shall be compensated for the damage suffered, this shall not prejudice the imposition of any penalty or sanctions stipulated in the Law.

Article 66: Small claims

The competent court shall have the power to hear and adjudicate the disputes which may arise between the consumer and the economic operator, and it shall apply simplified and expedited proceedings when dealing with small claims, in accordance with the relevant laws and regulations.

Article 67: Access to alternative disputes resolution

Consumers shall have access to fair, effective, and impartial alternative mechanisms to resolve their disputes with economic operators.
A uniform network of ADR bodies and ODR platforms shall be set up to facilitate the out-of-court resolution of consumer disputes. The Regulations shall specify the procedures and controls necessary therefor.

Article 68: Supervision of ADR bodies and ODR platforms

1.    ADR bodies and ODR platforms shall come under the supervision of the competent authority in conjunction with the Ministry of Justice.
2.    The competent authority shall form an ADR/ODR committee responsible for resolving disputes between consumers and economic operators, and whose tasks will be:
A.   to issue guidance on the interpretation of the quality requirements and the quality assurance mechanisms as per the Law;
B.    to define training requirements of the relevant officials in charge of ADR and ODR procedures; and
C.    to collect and analyse the operational reports from ADR bodies and ODR platforms and make a summary presentation of main findings available to the public.

Article69: Quality requirements for ADR/ODR entities.

The arbitrators, mediators, experts and other specialist charge of ADR/ODR procedures must be experienced, independent and impartial.
ADR/ODR procedures shall be effective and fair and fulfil the requirements laid out in the Regulations regarding independence, transparency, and effectiveness and legality of the decision-making procedure.

Article 70: Composition and operation of ADR/ODR entities

The competent authority shall - in coordination with the Ministry of Justice - determine the requirements and procedures regarding the composition and operation of ADR/ODR entities; the administrative and technical controls for their work; the limits of their competence; the requirements and conditions of arbitrators, mediators and experts; the rights of their consumers and economic operators as well as their public and private obligations towards each of them and the controls governing these entities.

Article 71: Transparency requirements

1. Each ADR/ODR entity shall make available to the public the following information:

A.   Their full contact details including postal address, and electronic address.
B.    The names of arbitrators, mediators, natural persons in charge of ADR, and the method of their appointment.
C.    The procedural rules governing the ADR procedure.
D.   The cost of the procedure if any.
E.    The average length of time taken to resolve disputes.
F.     The ability of consumers to withdraw from the dispute.
G.   The extent to which the outcome of the ADR procedure is legally binding.
H.   The enforceability of the outcome if relevant.

2. ADR bodies and ODR platforms shall prepare and forward to the competent authority and the Ministry of Justice activity reports including information identifying the number of disputes received and the type of complaints to which they relate, the rate of discontinuation of disputes and reasons for discontinuation, the rate of compliance with the outcome of procedures, the average time taken to resolve disputes, in whose favor the dispute was resolved and the type and amount of awards decided.

Article 72: Quality assurance

Quality assurance tools shall be determined by the Regulations in order to monitor and maintain the quality, reliability and efficiency of the network of ADR bodies and ODR platforms and procedures in place.

Article 73: Group actions

1. The representative consumer associations shall be entitled:

A. to stand before the competent courts in order to obtain compensation for damage caused to the collective interests of consumers; and
B. to join criminal proceedings brought against infringements of the provisions of this Law and its Regulations, and to claim, in case of criminal conviction, compensation for the damage caused to the collective interests of consumers.

2. The competent authority, in coordination with the Ministry of Justice, shall specify the procedures to be taken by consumer associations to represent consumers, the provisions governing consumers joining these criminal proceedings and the procedural rules applicable to group actions.

3. The provisions of this Article shall not prejudice the right of consumers - individually or collectively - to claim their rights.

Article 74: Competent court

The court of the domicile or residence of the consumer is the court competent to receive a legal action which results from a consumer dispute, also in the context of contracts concluded at distance.

PART NINE: INFRINGEMENTS AND SANCTIONS

Article 75: Infringement committee

1. A committee (or more) of no less than three members, at least one of whom must be a legal advisor, shall be established pursuant to a decision by the head of the competent authority. The committee decisions shall be taken by majority of members. A decision by the head of the competent authority shall provide for the rules of works of the said committee and the remuneration of its members and secretary.

2.    The Committee shall:
A.   Consider infringements of the provisions of the Law and its Regulations.
B.    Review appeals brought before them pursuant to Article 62.
C.    Impose one or more measures among the list of corrective measures set by Article 77.
D.   Impose one or more sanctions among the list of administrative sanctions set by Article 78.
E.    One or more specialized committees may be set up to deal with particular economic sectors or infringements to particular provisions of the Law and its Regulations.

Article 76: Criteria for determining penalty

The penalty imposed by the committee shall be proportionate with the gravity, frequency, circumstances, facts, impacts and consequent damage of the infringement, the size of the infringer's activity and the period of practicing said activity.

Article 77: Corrective measures

1. If the economic operator infringes any of the provisions of this Law and its Regulations, the infringement committee may warn the consumer and order the economic operator to make adjustments and eliminate the irregularity within a specified period.

2. If the infringement is likely to cause harm to the consumer’s health and safety, the committee may take one or more of the following corrective measures:

A.   Suspending the provision of the product or service that is the subject of the infringement until it is corrected.
B.    Suspending the contract, contract terms or guarantees, which are the subject of the infringement.
C.    Ordering to cease a prohibited commercial practice or to withdraw a prohibited advertising within 24 hours.
D.   Ordering the infringer to display an explicit warning to consumers when entering an electronic platform, restricting access thereto or removing the content thereof.
E.    Seizing the products that are subject to the infringement until the investigation is complete or a judicial decision or ruling is issued in this regard.
F.     Ordering a hosting service provider to remove, disable or restrict access to an online platform.
G.   (k)     Ordering domain registries or registrars to delete a fully qualified domain name and to allow the competent authority concerned to register.
3.    The decision issued by the committee shall include the terms and conditions for the measure, together with the period of time required therefor.
4.    The decision to recommend or impose a corrective measure shall come into force as from the date of its issue, unless the competent court orders a stay of execution.

Article 78: Administrative sanctions

1.    Without prejudice to a more severe sanction stipulated by another law, a person who infringes the provisions of this Law and its Regulations shall be punishable by one or more of the following sanctions:
A.   Warning.
B.    Seize the product subject of the infringement.
C.    Temporary or permanent prevention of the provision of the product or service used in the infringement.
D.   Recall of the product used in the infringement as specified by the Regulations.
E.    A fine up to 100 thousand Saudi riyals.
F.     Suspension of the activity or business, either partially or entirely, for a period not exceeding 90 days, including the closure of the infringer’s place of business and blocking his website.
2.    A person against whom a decision is issued by the committee may appeal before the administrative court within 60 days from the date he is notified of the decision in the manner specified by the Regulations.
3.    A decision that has become final may be published at the expense of the infringer in one or more local newspapers published in the area where he resides, or through any other appropriate medium.

Article 79: Criminal sanctions

1. A penalty of a fine not exceeding (3,000,000) three million Saudi riyal, shall apply when:

A.   the economic operator commits an infringement of Articles 17,21,25,26,30,47, and 60/3;
B.    the infringer does not comply with the terms of an injunction ordered under Article 63; or
C.    the infringer does not comply with the terms of a corrective measure imposed under Article 77.
2.    The penalty imposed by the committee shall be proportionate with the gravity, frequency, circumstances, facts, impacts and consequent damage of the infringement, the size of the infringer’s activity and the period of practicing said activity.

3. The Public Prosecution shall have jurisdiction to investigate and prosecute the infringements stipulated in this Article.

4. The competent court shall have jurisdiction in cases arising from the application of this Article, and is entitled to impose penalties in this regard.

PART TEN: FINAL PROVISIONS

Last update: 13 April 2022