Know Your Rights in Spain

Since last 13th June, your siesta shouldn't be disturbed by any commercial call.

The recently reformed Spanish Law for Consumers' Rights Defense states that commercial calls won't be done in certain times.

This is not the only new things this reform brings. The most relevant are the following:

1.- The online stores will provide more information, more clear, and in a type size easy to read (even in mobile and tablet screens).

2.- The prices of goods and services offered in the web or in advertising must be final prices, including detailed expenses, means of payment or finance.

3.- The buyer will be able to desist the purchase 14 days after the order, with no additional costs or penalties.

4.- About the "Online Spam", even if you are client os a web, can refuse receiving online advertising of the services agreed.

5.- Any charge for credit or debit card payment that exceeds the real cost for the seller is forbidden. 

6.- Commercial calls can't be done with hidden phone no..

7.- Contracts done by phone must be confirmed in written.

8.- If there's a minimum term or the contract and the contract is cancelled before, the cancellation penalty will be calculated on a pro rata basis

STEP 1.- Is your contract yet rescinded?

    YES -> Go to step 2          NO -> You must rescind it into the Insolvency Process

STEP 2.- Do you have a Bank Guarantee

    YES -> Great! You must execute it, even if it has an "Expiry Date". Perhaps you can even make a quick deal with the bank 

    NO, BUT I HAVE A FOTOCOPY OF ONE IN MY FAVOUR -> Let's have a look at it. Perhaps is as valid as an original.

    NO -> Don't worry. There's a solution. Slower, but, at the end of the day, a solution. Go to step 3

STEP 3.- Do you have all the payment evidences?

    YES -> Great! Go to step 4.

    NO -> Try to get them. Must be some way to get them.

STEP 4.- Did you make the payments into a bank account of the Promoters?

    YES -> Go to step 5

    NO -> Call the agent or broker you gave your money to and tell him/her/them to give you the evidences of the payment of those amount to the promoters.

STEP 5.- Sue the bank.

    Law 57/68 states that Promoters had to guarantee the reimbursement of payments plus interest with a BG and that the Banks that received the funds should check, under their resposibility, if the moneys they received were or not guaranteed. If your money was not guaranteed, and they received it, there's a negligence, and the bank must pay for that.

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Every case is singular. Contact us and we'll be happy to listen to your case.

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