Consumer protection in São Tomé and Príncipe

Lei n.º 09/2017, published in Diário da República No. 101 on 17 July 2017, applies nationally to private and public suppliers, local authorities, public companies and concessionaires. It entered into force 120 days after publication. Consumer information should be provided in Portuguese. São Tomé and Príncipe has one national consumer-law framework; no separate consumer-protection regime for Príncipe is evidenced. Goods and services should meet their intended purpose and the reasonable expectations created by the supplier. A legal guarantee generally lasts at least one year for movable non-consumable goods and five years for buildings. The guarantee period is suspended while a product is being repaired. When a defect is discovered, the consumer can generally request repair, a price reduction or termination of the contract, regardless of the supplier's fault. A defect in a movable good should be reported within 30 days after discovery, and a defect in immovable property within one year; a six-month exclusion period then applies. Manufacturers can be liable for defective products without proof of fault. Suppliers should give clear, objective information about characteristics, composition, price, duration, guarantee, delivery and after-sales support. Misleading, unclear or missing information can support withdrawal within seven working days. Advertising becomes part of the contractual content. A consumer does not have to pay for an unsolicited service or bear the risk of returning or losing it. Standard terms should be clear and should not significantly disadvantage the consumer. Contractual clauses that unlawfully restrict statutory consumer rights are void. After-sales support includes access to spare parts where applicable. No general, unconditional cooling-off period has been evidenced for every consumer contract. The usual first complaint procedure is to contact the supplier or service provider. Depending on the sector, a complaint can then go to a regulator, the Provedoria or the responsible public administration. São Tomé and Príncipe has no evidenced central one-stop consumer complaint channel. ASDECO is a private, non-profit consumer association that provides a functional advice and representation channel and has operated nationally since about 2007 or 2008. The Ministério Público can bring administrative or civil proceedings concerning homogeneous, collective or diffuse consumer interests. The law provides for exemption from court fees in consumer proceedings. The Conselho Nacional do Consumo and municipal consumer bodies are provided for in law, but their current operation was not confirmed in the reviewed official sources. For complaints about supervised financial institutions, the Banco Central de São Tomé e Príncipe, known as BCSTP, is the relevant banking supervisor. The consumer can use the institution's livro de reclamações, meaning its official complaints book, and write to the institution or BCSTP. A complaint should identify the institution and relevant employee, state the facts clearly, include contact and identity details, and attach supporting documents. The institution should respond within seven working days. If it does not respond, the consumer can report that failure to BCSTP, including through its online form. No complaint fee is evidenced. Digital offers are covered by the general Consumer Protection Law and by Law n.º 03/2016 on Personal Data Protection, supervised by ANPDP, the national data-protection authority. No comprehensive national e-commerce consumer-protection law was confirmed in the reviewed material. Online enforcement is therefore divided among general consumer law, data protection and telecommunications regulation. AGER has conducted consultations concerning electronic communications, digital governance, privacy, trust and complaints. AGER, created by Decreto-Lei n.º 14/2005, regulates and supervises telecommunications, postal services, water and electricity. A complaint normally starts with the provider and can proceed to the Provedoria or, on a subsidiary basis, AGER. Written complaints should set out the facts and include evidence. Sector rules require clear and fair contracts, prohibit misleading terms and abusive clauses, and generally require at least 30 days' notice for tariff changes, with a right to terminate when the consumer does not accept the change. Utility bills should state the price, due date, payment methods, consequences of non-payment, complaint procedure and customer or fault contacts. Electricity bills are generally monthly and usually provide ten working days for payment. For disconnection because of non-payment, the Consumer Protection Law refers to 15 days' prior information, while the electricity regulatory rules refer to ten days after the pre-notice; the applicable period may require case-specific review. Reconnection should occur within 24 hours after the consumer proves that the account has been regularised. Connection and reconnection charges and late-payment interest may apply. For travel and accommodation, the Ministry responsible for tourism, official Tourist Information Centers and airport counters provide information. Licensed accommodation should display its operating licence. An unlicensed provider creates additional safety, hygiene and payment risks. General consumer law applies to bookings, accommodation and transport, but no national travel ombudsman procedure is evidenced. A tourism tax of EUR 25 applies in São Tomé and EUR 10 in Príncipe for foreign non-residents and day-trippers aged 12 or older. Children under 12, nationals and people with a residence permit are exempt; payment is made at the airports of São Tomé and Príncipe. Energy consumers deal with AGER and the concessionaire. A licensed installation or network connection can create a supply obligation, while tariffs are set by the regulator. A regulatory connection charge may apply and is reviewable every five years. The electricity contract should state the applicable price, deadlines and complaint procedure before supply begins. For medicines and other health products, the Ministry of Health and its Medicines and Health Technologies functions oversee access, availability, regulation, inspection and safe and effective products. PNDS 2023–2032 and the 2024 National Essential Medicines Lists address these areas, including import and customs requirements. A retail complaint channel exists, but an official nationwide price or refund procedure was not published in the reviewed sources. Fraud can follow a criminal process under Código Penal, Lei n.º 6/2012. Burla informática e nas comunicações is addressed in Article 240 and card misuse in Article 242. Electronic and telecommunications fraud can carry up to three years' imprisonment or a fine of up to 300 days, and an attempt is punishable. Criminal proceedings generally depend on a complaint. No central specialist procedure for consumer refunds or damages was evidenced. UIF handles money-laundering and terrorist-financing matters and is not a general consumer-reimbursement agency.