Legal tip 35. On Consumers Act III. Legal requirements for contracts with consumers in Spain.
Friday, January 30, 2009 @ 8:58 AM
Article 62. Contract.
1. In contract with consumers and users, their desire to contract or, if necessary, to terminate the contract. must unequivocally appear.
2. Are banned, in contract with consumers, the clauses that impose onerous or disproportionate obstacles to the exercise of the rights recognized in the consumer contract .
3. Are banned, in particular, in those contracts of services or for the delivery of products or continuous tract, those clauses of unreasonable length or those time limits or constraints which prevent or hamper the right of consumers to end the contract.
Consumers may exercise their right to terminate the contract in the same way they signed it without any penalty or onerous or disproportionate burdens, such as the loss of the amounts paid in advance, the payment of amounts for services which have not actually been provided, the execution of unilateral penal clauses which have been set by contract or the setting of compensation ways that do not correspond with the actual damage caused.
4. The contracts for services or for the supply of goods or continued future goods should expressly contain the procedure through which the consumer can exercise their right to terminate the contract.
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