Consumer protection in Mali

A consumer can be a natural or legal person acting for non-professional purposes. A provider can be a private company, public institution or service concessionaire. Before a purchase or contract, the provider should disclose the price, sales conditions, nature and essential features of the goods or service, liability limits, applicable standards and intended use. The provider must issue an original invoice or receipt, provide instructions for use and supply a written contract copy where a contract is concluded. A consumer can request a quotation free of charge. The contract should state the delivery date, and its clauses must be clear; an uncertain clause is interpreted in the consumer's favor. Abusive clauses are prohibited, and the provider bears responsibility for demonstrating conformity with applicable standards. The legal warranty for hidden defects remains separate from an optional contractual guarantee and after-sales service. If a subscription renews automatically, the provider must warn the consumer at least one month before renewal. Without that warning, the consumer can generally cancel at any time without a penalty. An advance payment is generally treated as arrhes: if the consumer withdraws, the payment can be lost, while a professional who withdraws may have to repay twice the amount. When delivery is more than seven days late, the consumer can cancel by registered letter, subject to the statutory period of up to 60 working days from the delivery date. The Direction générale de la concurrence et de la consommation, known as DGCC, handles general consumer protection and can receive complaints. A consumer should preserve the invoice or receipt, contract, photographs, messages, payment records and relevant dates, then contact the provider when the applicable sector procedure requires it. The DGCC or a competent court can be approached when the provider does not resolve the matter. Consumer associations and federations may also bring a matter before the responsible service or court. A third-party complaint must receive a response from the responsible service within five working days under the consumer decree, although the availability and effectiveness of the DGCC online complaint portal should be checked before relying on it. Sector rules can provide a more specific procedure. For banks, financial institutions and Systèmes financiers décentralisés, the customer first complains internally and requests a receipt. Internal handling is free and the institution should answer within one month. An unresolved or unanswered complaint can go to the Commission Bancaire de l'UMOA with a complete file, which has a maximum stated handling period of 60 calendar days. Insurance complaints generally pass from the insurer or broker to the Direction nationale des assurances in Mali and then, where relevant, to the CIMA or CRCA framework. For electricity and drinking-water disputes within the Commission de régulation de l'électricité et de l'eau, known as CREE, the consumer sends two registered letters to the provider. If the provider gives no adequate answer within one month, the consumer can refer the matter to CREE with the harm, facts and evidence. The provider can have up to 60 working days to answer, the complainant up to 20 working days to comment, and CREE up to 40 working days to decide after the document exchange. Rural and semi-urban water services may instead fall under ministerial supervision. For digital contracts, Loi n°2016-012 requires pre-contract information about the provider, essential features, price, delivery, complaints, after-sales service, guarantees and duration. The withdrawal period is generally 14 calendar days without stating a reason. It begins when the service contract is concluded and when the consumer physically receives goods. The consumer generally returns the goods within 14 days, and the provider refunds the payment, including standard delivery costs, within 14 days. Exceptions include a fully performed service started with express consent, rapidly perishable goods, unsealed hygiene or software goods, accommodation not used as a home, goods transport, car rental, catering and leisure services. Telecom, information and communication technology and postal complaints can involve the Autorité malienne de régulation des télécommunications, des technologies de l'information et de la communication et des postes, while general digital consumer complaints can also go to the DGCC or a court. Travel protection is more fragmented. A private traveller relies mainly on the contract, general information and safety rules, the provider, the DGCC and the courts; Mali Tourisme provides information and promotion but is not a verified travel-specific consumer dispute body. Medicines and other health products should be checked through authorised channels and the official nomenclature. The Direction de la Pharmacie et du Médicament, the Ministry of Health, the Laboratoire National de la Santé, the DGCC and Customs have relevant roles. Suspected adverse effects should be reported through pharmacovigilance or the medicine authority. A dangerous, counterfeit, expired or contaminated product should not be used and may trigger seizure, withdrawal or destruction. Misleading advertising, pyramid or chain-selling schemes, unjustified discrimination, imposed prices, unsolicited shipments, fraud involving weights or measures, stock retention for speculation and dangerous or falsified goods can lead to inspections, official reports, seizure, withdrawal, destruction, financial settlement or court proceedings. Immediate safety risks should be reported to the appropriate authority, such as the DGCC, the medicine authority, Customs, a judicial police officer or the relevant financial, telecom or energy supervisor. The general Consumer Law excludes cybernetics and biotechnology, and electronic commerce is governed separately. General consumer protection also does not replace ordinary civil proceedings, banking supervision or cybercrime procedures when those provide the legally appropriate remedy.