Law of Consumers and Users02 ene 2014
In 2014 the new Law of Consumers and Users was approved, which transposes the Directive on consumer rights.
This law incorporates many of the demands of OCU both when the Directive was being negotiated as well as the transposition into national law.
o The law requires that commercial websites indicate clearly and legibly from the beginning of the purchase, which means of payment are accepted and whether there are any restrictions.
o Consumers and users must be informed about deposits or other financial guarantees they have to pay or are required of them.
o Those who sell goods or provide a service off-premises shall clearly inform of the existence of the legal guarantee of the goods.
o Purchases made during promotional events (in which the victims are often senior citizens who end up buying all kinds of products) are considered to be off-premises contracts.
o The new law extends the deadline for exercising the right of withdrawal for distance and off-premises contracts. It has increased from 7 business days to 14 calendar days. If not informed, the time to withdraw from the contract increases up to 12 months.
o If the consumer is contacted by telephone in order to enter into a contract, at the beginning of the conversation the caller must identify themselves, disclose the identity of the person on whose behalf they are calling and the commercial purpose of the call.
o OCU has also managed to have information about the terms of permanence included.
o Contracts providing digital content should report its functionality, ie, on how many devices it can be played, how many copies you can make ...
o The law introduces measures to limit commercial telephone harassment, banning calls at night or at weekends.
o The use of e-cigarettes is regulated, though only partially.
However, the law leaves out issues which for OCU are still very important: improving consumer class actions; more effective regulation of guarantees and better complaints procedures.