Revised Laws of Saint Lucia (2021)

71.   Right to choose and examine goods

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    (1)   Where any goods are displayed in or sold from open stock, the consumer has the right to select or reject any particular goods from that stock.

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    (2)   In accordance with article 286 of the Commercial Code, Cap. 244 of the Revised Edition of the Laws of Saint Lucia 1957, where the consumer has agreed to purchase goods on the basis   of a description or sample of the goods it is an implied condition of the agreement that the goods —

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      (a)     delivered to the consumer corresponds with the description or sample; and

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      (b)     are free from any defect that would not be apparent from the description or on reasonable examination of the sample.

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    (3)   Where the consumer has agreed to purchase or lease goods on the basis of a sample, as well as by description, it is not sufficient that the bulk of the goods correspond with the sample if the goods do not also correspond with the description.

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    (4)   In accordance with articles 286 and 305 of the Commercial Code, Cap. 244 of the Revised Edition of the Laws of Saint Lucia 1957, where the supplier delivers goods to a consumer under a consumer agreement, the supplier shall allow the consumer a reasonable opportunity to examine the goods for the purpose of ascertaining whether the goods are in conformity with the consumer agreement.

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    (5)   Where goods are delivered to the consumer that the consumer has not previously examined, the consumer is deemed not to have accepted the goods until the consumer has had a reasonable opportunity of examining it for the purpose of ascertaining whether it is in conformity with the consumer agreement.