Legal tip 1129. NEW Consumers Act in Spain
Thursday, April 3, 2014 @ 1:21 PM
Senate approved last March 27, the New Consumers Act. The New Act specially reinforces consumer protection for long distance contracts .The law requires commercial websites to indicate clearly and legibly, since the beginning of the purchase, what are the terms of payment which are accepted and if there are any restrictions.
Consumers and users must be knowledgeable of deposits or other financial guarantees that have to be paid by them. Likewise, those who sell goods or provide services remotely shall clearly report the existence of the legal guarantee of the goods.
Purchases made during a promotional organized tour organized, are considered off-premises contracts.
New law extends the period for exercising the right of withdrawal for distance and off-premises from 7 business days to 14 calendar days and if this right is not part of the information provided to the buyer, these same periods extend to up to 12 months. Regulations on stay-clauses are also included in this Act.
The Act also includes new measures to limit the commercial telephone harassment, prohibiting calls at night or on weekends.
National Association of Consumers (OCU) in Spain thinks that the current Law implies an improvement, but that it is not enough. Control and sanctions need to be reinforced and sanctions need to have a compensatory nature so that the penalty should serve as compensation for the harm suffered by the Consumer.
Law entered into force on the 28th of March and is applicable to contracts with Consumers in Spain from 2014, 13rd of June on.
Iznájar, Córdoba, South of Spain, at facebook.com