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2. Interpretation

(1) In this Act —

“acquire”, in relation to —

(a) goods, includes obtaining by way of gift, purchase, or exchange, the taking on lease or hire purchase;

(b) a service, includes accepting the provision of a service;

“acquisition of goods” includes a reference to the acquisition of property in, or rights in relation to goods, in pursuance of a supply of the goods;

“advertisement” means any form of communication made to the public or a section of the public for the purpose of promoting goods or a service;

“alternative dispute resolution” —

(a) means the process, method or technique employed by a party to a dispute to resolve a dispute with regard to goods and services;

(b) includes mediation and conciliation;

(Inserted by Act 14 of 2021)

“Appeals Tribunal” (Deleted by Act 14 of 2021)

“authorized officer” has the meaning assigned under the Distribution and Price of Goods Act; (Substituted by Act 14 of 2021)

“Board” (Deleted by Act 14 of 2021)

“Bureau” means the Saint Lucia Bureau of Standards established under section 3 of the Standards Act;

“business” includes a professional practice or any other undertaking that is carried on for gain or reward or in the course of which goods or services are supplied otherwise than free of charge;

“Chairperson” —

(a) in relation to the Council, means the Chairperson of the Council;

(b) in relation to the Tribunal, means the Chairperson of the Tribunal;

(Substituted by Act 14 of 2021)

“Community” means the Caribbean Community established by article 2 of the Revised Treaty and includes the Caribbean Single Market and Economy established by the Revised Treaty;

“commercial purpose” in relation to a consumer —

(a) means the purchase of goods for use in an activity directly intended to generate profit;

(b) does not include —
1. (i) goods bought by a person for personal use, or
1. (ii) a service that is provided exclusively for a charitable purpose;
1. (Substituted by Act 14 of 2021)

“competent officer” means an officer of the supplier authorized by the supplier to conduct specific business on behalf of the supplier;

“complainant” means —

(a) a consumer;

(b) any voluntary consumer association registered under any law for the time being in force;

(d) one or more consumers, where there are numerous consumers having the same interests;

(e) in case of the death of a consumer, his or her legal heir or representative;

who makes a complaint;

“complaint” means any allegation made by a complainant that —

(a) an unfair term or an unfair trade practice has been adopted by a supplier;

(b) goods bought by him or her or agreed to be bought by him or her is defective;

(d) the supplier has charged for the goods or for the services mentioned in the complaint at an amount in excess of the price —
1. (i) fixed by or under any law for the time being in force,
1. (ii) displayed on the goods or any package containing the goods,
1. (iii) displayed on the price list exhibited by the supplier,
1. (iv) agreed between the parties;

(e) goods which will be hazardous to life and safety when used are being offered for sale to the public —
1. (i) in contravention of any standard relating to the safety of such goods as required to be complied with, by or under any law for the time being in force, and
1. (ii) the supplier ought to have known with due diligence that the goods so offered are unsafe to the public;

(f) a service which is hazardous or likely to be hazardous to life and safety to the public when used, is being offered by the supplier where such person ought to have known with due diligence that the service is injurious to life and safety;

(g) the supplier has contravened a provision of this Act, which is not included in paragraphs (a) to (f);

“consumer agreement” means an agreement between a supplier and a consumer in which the supplier agrees to supply goods or services to a consumer for payment;

“consumer” —

(a) means a person who —
1. (i) buys goods under an agreement or transaction,
1. (ii) hires or avails a service under an agreement or transaction;

(b) includes —
1. (i) any other user of goods under an agreement or transaction not referred to under subparagraph (a)(i), when use is made with the consent of the person who buys the goods,
1. (ii) any other beneficiary of a service under an agreement or transaction not referred to under subparagraph (a) (ii), when the service is hired or availed with the consent of the hirer;

(c) does not include a person who —
1. (i) obtains goods for resale or for a commercial purpose,
1. (ii) hires or avails the service for a commercial purpose,
1. (iii) uses goods bought or avails a service exclusively for earning a livelihood by means of self-employment;
1. (Substituted by Act 14 of 2021)

“consumer protection group” means a consumer protection group that is registered under the Companies Act as a non-profit company to —

(a) commence or undertake any act to protect the interests of a consumer individually, or of consumers collectively, in any matter or before any forum contemplated in this Act; and

(b) intervene in any matter before any forum contemplated in this Act, if the interests of consumers represented by that group are not otherwise adequately represented in that forum;

“Council” means the Consumer Protection Council established under section 21; (Inserted by Act 14 of 2021)

“Court” means the Magistrate's Court or High Court;

“defect” in relation to goods, means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the supplier in any manner whatsoever;

“delict” has the meaning assigned to it under the Civil Code of Saint Lucia; (Inserted by Act 14 of 2021)

“Department” means the department responsible for consumer affairs within the Ministry responsible for consumer affairs;

“Deputy Chairperson” means the Deputy Chairperson of the Council under section 23(2); (Inserted by Act 14 of 2021)

“Deputy Director” means the Deputy Director of the Department appointed as such by the Public Service Commission;

“Deputy Chairperson” means the Deputy Chairperson appointed under section 6;

“Director” means the Director of the Department appointed as such by the Public Service Commission;

“document” includes an electronic record;

“goods” include all kinds of property other than immovable property, securities or money;

“hire-purchase agreement” means an agreement for the purchase of goods by instalment payments and under which the person who agrees to purchase the goods is given possession of the goods on hire on condition that such person pays the agreed amount in periodical instalments and the owner agrees that the property in the goods is to pass to such person on the payment of the last of such instalments;

“investigation report” means an investigation report under section 17; (Inserted by Act 14 of 2021)

“member” —

(a) in relation to the Council, means a member of the Council;

(b) in relation to the Tribunal, means a member of the Tribunal;

(Substituted by Act 14 of 2021)

“Member State” means a State listed in Schedule 1;

“Minister” means the Minister responsible for consumer affairs;

“negligence” includes —

(a) the breach of an obligation, arising from the express or implied terms of a contract, to take reasonable care and to exercise reasonable skill in the performance of the contract;

(b) the breach of a common law duty to take reasonable care;

(Substituted by Act 14 of 2021)

“payment” means consideration of any kind, including a deposit fee;

“person” includes a body corporate or an unincorporated body;

“prescribed” means prescribed in the Regulations;

“price” includes any representation that may reasonably be inferred to be an indication of the cost of the goods or services to the consumer;

“Regulations” means Regulations made under section 179;

“Revised Treaty” means the Revised Treaty of Chaguaramas signed at Nassau, The Bahamas on 5 July 2001 the text of which is set out in the Caribbean Community Act;

“National Consumers Association (Saint Lucia) Inc.” means the independent non-profit non-governmental organization in the business of promoting consumer awareness;

“Secretary” —

(a) in relation to the Council, means the Secretary of the Council;

(b) in relation to the Tribunal, means the Secretary of the Tribunal;

(Substituted by Act 14 of 2021)

“sustainable consumption” means the use of goods and service as required to meet basic needs and improve the quality of life without jeopardizing the needs of future generations;

“supplier” means —

(a) a seller of goods or a service;

(b) a person providing a service;

(c) any person responsible for the provision of goods or services including a manufacturer, producer or distributor or the agent of a manufacturer, producer or distributor; or