The Miaoli County Industry and Commerce Development Division on Tuesday issued a five-point information bulletin in the hopes that surprise packages hoping to bring fortune and luck, or Fu Dai (福袋), would not be sprung upon the public in a bad way.
Customer rights are protected under the Mandatory and Prohibitory Provisions of the Standard Form Contract for Retail Online Trading (零售業販售福袋定型化契約), it said.
Fu Dai must clearly specify their contents, what brand they are from, price and amount sold, it said.
Photo courtesy of FamilyMart
If the seller is randomizing the Fu Dai handout, or has stated that a buyer must spend a certain amount of money, that must be clearly conveyed to the consumer, it said.
The seller must also disclose the buyer’s chance of winning, and must make known information such as the raffle location, time and available options for product returns or exchanges, it said.
The division said there can be no ambiguity surrounding Fu Dai, and the seller must fully disclose to the consumer which brands or types of prizes are available, without useing vague or obfuscating language.
Sellers cannot exaggerate the value of the Fu Dai, and the Fu Dai must show the original price, the discounted price or the amount discounted, the division said, adding that the original price must be the product’s going price, and the seller must provide relevant calculations for verification.
The products cannot be expired, show evidence of flaws or defects, or have no actual function, the division said.
If the contents of the Fu Dai do not match the signage, consumers are entitled to return or request an exchange for a product of equal value, and sellers cannot refuse by claiming that Fu Dai cannot be refunded or exchanged, it added.
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