With ever increasing tourists from mainland China to Macao, shopping in Macao has become a hot topic. According to recent tourism shopping disputes in Macao, in the advent of the May Day holiday, a reminder for tourist consumption in Macao was jointly announced by China Consumers Association and Macao Consumer Council to avoid consumers’ rights and interests being harmed.
Firstly, prior to departing for Macao, it is better for tourists to obtain information for products they intend to purchase by visiting relevant official web pages, for example , to know about product model, specification, function, retail price, assessment report, accessories and after-sales service etc.
Secondly, try to shop around before purchase. Tourists can visit several shops to know about information on product model and price to facilitate comparison. Blind purchase should be avoided in the absence of any product information. When having selected targeted product, tourists shall never trust dealer’s sales pitch on their products. Instead, tourists should stay calm and make rational judgments to avoid buying products that are exaggerated or even falsely promoted.
Thirdly, electronic communication products such as mobile phones, tablet computers, cameras which are sold locally in Macao are not applicable to mainland China’s provisions of three guarantees (for repair, replacement and refund of substandard products). Disputes will be settled according to local regulations by Macao Consumer Council.
Fourthly, Macao applies different billing methods with the mainland China in several industries, for example, as the price of ornamental gold products will include charges for workmanship and commission etc. besides gold value. Consumers had better confirm these details with dealers to have a clear understanding before deciding the purchase.
Fifthly, consumers must ask for and retain shopping receipts from dealers in order to use them as proof to defend their rights in the future. Receipts should include name of the shop and the product, transaction amount and date, and special transaction content (e.g. specifying that goods are licensed or smuggled etc.).
Sixthly, it is suggested that tourists should give preference to the “Certified Shops”– a quality distinction granted by Macao Consumer Council through which and its subsidiary consumer arbitration centers, a quick, fair and free mediation and arbitration can be guaranteed to ensure consumer’s legal rights and interests in the event of any dispute.
Seventhly, tourists from mainland China can contact Macao’s public sectors for assistance if they encounter any problem in Macao. For consumer dispute, contact Consumer Council (Tel: +853-89889315); for tourism information, contact Tourist Office (Tel: +853-28315566); for traffic dispute, contact Transport Bureau (Tel: +853-88666363); for emergency assistance, contact Public Security Police Force (Tel: 999). When tourists go back to mainland China, in case of finding any defect with products purchased, they can lodge their complaints with local Consumers Association which will assist them to defend their rights through cooperative mechanisms with Macao Consumer Council.
Relevant Links
Introduction to the system of Adherents and Certified Shops of Macao Consumer Council
To protect consumers’ rights and interests, Macao Consumer Council set up the Consumer Arbitration Center was in 1998, and adopted the Adherent Scheme. Shops applying for the Adherent Scheme are obliged to submit and resolve disputes at the Centre should any disputes arise. Should the dispute that arise between the consumer and the adherent cannot be resolved through negotiation, the adherent agrees to settle the dispute through the efficient, fair and free mediation and arbitration processes offered by the Centre. A mechanism termed Certified Shop was launched in 2001. Adherents that have good business records, abide to the relative Code of Practice (if applicable), and pass the annual assessment by the Council will be awarded the emblems of Certified Shop.
To protect consumers’ rights and interests, Macao Consumer Council set up the Consumer Arbitration Center was in 1998, and adopted the Adherent Scheme. Shops applying for the Adherent Scheme are obliged to submit and resolve disputes at the Centre should any disputes arise. Should the dispute that arise between the consumer and the adherent cannot be resolved through negotiation, the adherent agrees to settle the dispute through the efficient, fair and free mediation and arbitration processes offered by the Centre. A mechanism termed Certified Shop was launched in 2001. Adherents that have good business records, abide to the relative Code of Practice (if applicable), and pass the annual assessment by the Council will be awarded the emblems of Certified Shop.
Typical case of tourism shopping in Macao
Case One: Smartphones
While mobile phones are increasingly becoming necessities to people, smartphones have brought much more convenience and leisure to people’s life. Mainland tourism shoppers particularly like to purchase new style smartphones in Macao.
Macao Consumer Council once received a complaint from a mobile phone consumer. Miss He had intended to purchase a smartphone of the latest model during her travel in Macao. When she asked about it, the shop assistant told her that the model she wanted was out of stock and recommended other models to her. The exaggeration on the mobile phone’s function and popularity made Miss He eventually purchase the recommended one.
However, when Miss He went on travelling, she found that the same mobile phone was cheaper in other stores. She also found out from the internet that there was a huge discrepancy between the real and recommended features of the phone in terms of function and popularity.
Therefore, Miss He lodged a complaint with her local consumers association, arguing that the phone was too expensive, and the real and recommended features were more or less inconsistent. The local Association referred Miss He’s complaint to Macao Consumer Council via their cooperative mechanism. Still an agreement was not reached by its mediation, but both parties agreed to settle it via arbitration by its subsidiary consumer arbitration center. Finally, it was arbitrated according to legislation of Macao that it was the common practice for shops to set prices freely, hence it was not against the law to set a higher price, but the shop assistant’s sales pitch deviated from the reality to such an extent that a refund must be made to Miss He who was judged as winner of the suit.
Case Two: Gold Jewelry
Ornamental gold products of Macao diversify in models with fineness strictly standardized by laws, being decent enough as gifts and valuable enough for personal use, therefore, they have been drawing a good number of tourists from mainland China to lavish on them.
Mr. Yi went out of his way to Macao to buy a pair of gold bracelets with dragon and phoenix patterns for his daughter as her dowry, and paid for the bracelets and a gold necklace which he liked while choosing products.
When Mr. Yi went home, he found an error in the fee for an additional commission charged for the bracelet and the price of ornamental gold necklace was not calculated by gold value. He thus made a complaint on the web page of Macao Consumer Council.
The Council contacted the shop immediately to demand a settlement. The shop explained that the charge was calculated by guild regulations and the price of bracelet was comprised of gold weight, charges for workmanship and commission. The charges for workmanship referred to the payment for making gold products and the commission was the profit of retail gold product, therefore, price of the bracelet was not in error. The selling point of ornamental gold necklace is its exquisite design and model, hence is not calculated by gold value. The Council forwarded the shop’s explanation; meanwhile, Mr. Yi learned more from the internet thereafter. Finally, the explanation was accepted.
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