Legal Insights Newsletter
FEATURED TOPIC: Regulation Of Defective Goods Under Macau Law
Consumers in Macau have the legitimate expectation that the goods and services they purchase meet acceptable standards of quality and reliability. To uphold this expectation, the Consumer Protection Law, in force since 1 January 2022, reinforces consumer rights and promotes fairness in the legal relationship between commercial operators and consumers.
This law introduces specific provisions on defective goods, which complement the general principles of the Macau Civil Code and provide enhanced protections in day-to-day transactions.
Key Consumer Rights
Under the Consumer Protection Law, consumers are entitled to:
- Receive goods and services of satisfactory quality and fit for their intended purpose;
- Access adequate after-sales support; and
- Claim compensation for damages resulting from non-conforming goods or services.
Commercial Operators’ Liability for Defective Products
Goods and services must comply with contractual terms, applicable legal standards, or – where no specific standards exist – the legitimate expectations of the consumer.
Where non-conformity is identified, consumers may request, at no cost, one of the following remedies:
- For goods: repair, replacement, price reduction, or termination of the contract; and
- For services: re-performance, price reduction, or termination of the contract.
Consumers may also claim compensation for damages, including those arising from deficient support or breach of contract.
Burden of Proof
The law establishes a presumption of fault against the commercial operator in cases of defective goods or inadequate services. This presumption is rebuttable (iuris tantum), meaning the operator may present evidence to refute it.
While consumers are not required to prove fault to access remedies, they must still demonstrate the existence of other legal conditions necessary to assert their rights.
Need Legal Guidance?
If you require further information or assistance, feel free to reach out. We would be pleased to guide you through the legal intricacies of consumer protection in Macau.