FAQ on the Consumer Code of Catalonia
1. Scope and period of adaptation of businesses
2. Information
3. Customer care by companies
4. Language rights
5. Provision of services
6. Prices and payments
7. Guarantees
8. Other
1. Scope and period of adaptation of businesses
1.1. From which day can consumers demand from businesses the new previsions of the Consumer Code?
The second transitory provision of the Code provides that the obligations set out in Book II and which were not included in the previous regulations will be required for companies and organisations which are subject to the Code, after 6 months from its publication. As the Code will be published on 23 July 2010, the deadline for adaptation will be on 23 January 2011. However, when dealing with micro and small businesses, according to the definition included in the European Commission Recommendation CE/2003/361 of 6 May (Official Journal of the European Union, series L-124 of 20 May 2003) the adaptation period is extended to one year. Therefore, the new obligations in Book II of the Consumer Code are requirable to all companies as from 23 July 2011.
1.2. If the headquarters of a company is not located in Catalonia, but the company is offering goods or services there, does the Consumer Code of Catalonia apply?
Article 14 of the Statute of Autonomy of Catalonia provides that the rules and regulations of the Catalan Government and the Civil Law of Catalonia are applicable within the territory, that is, they affect all persons or entities of any kind in the area of Catalonia.Therefore, a company which offers goods or provides services in Catalonia, regardless of whether its headquarters are located outside the territory, is subject to the applicable regulations of the place where it operates and, consequently, the Consumer Code of Catalonia is fully applicable.
It should be made clear in this respect that the Consumer Code aims to protect consumers in the region of Catalonia. Thus, it is a mandatory rule for companies which sell goods or services in Catalonia.
2.1. Before contracting, are consumers entitled to be given a standard contract?Yes, in accordance with Article 123-3 consumers have the right to be given a standard contract with the expected terms and conditions and a sufficient and reasonable time in advance.
2.2. After contracting, are consumers entitled to have the contract?
Yes, in accordance with Article 123-2 they are entitled to receive from suppliers of goods and services a copy of the contract, the invoice, the receipt or proof of payments made, stating at least the personal, corporate and tax identity of the supplier or provider, their address, the amount paid, the description of the item concerned and the date.
2.3. What does material information mean and how should it be provided?
Material information means information which refers to the main features of the good or service, whether it is of EU origin or not, its use and maintenance, explanation of the transaction and the conformity of the good or service.
Traders are required to document material information in writing or on any other medium that enables its storage and which has a duration equivalent to at least the useful life or conformity of the good or service.
In the case of companies subscribed to the consumer arbitration system, the logotype demonstrating such subscription must be displayed in the permanent establishment, the pre-contractual and contractual documentation and, where applicable, the website. Display of this logotype must be clear and visible.
2.4. What information does an intermediary have to provide and in what way?
Under Article 231-2, before providing any service to a consumer, the intermediary must supply the following information:
Their identity and address, details of the record in the corresponding register if applicable, the scope of their powers, an indication as to whether they work exclusively for one trader or as an independent intermediary, the real, fixed price of their intermediary activity (not in the case of insurance brokerage), the information provided for distance contracting if applicable, information about guarantees and extrajudicial systems of dispute resolution in consumer affairs.
This information must be included in all documents given to the consumer by the intermediary.
The consumer must be able to keep the information on a documentary medium. This right is understood to be upheld if a copy of the information is supplied on paper or on another medium which enables its electronic storage and subsequent reproduction. It is the intermediary’s responsibility to prove compliance with this provision.
3.1. Is it necessary for companies to have a toll-free customer care line to deal with breakdowns or incidents affecting the service?
Article 211-4, section B of the Consumer Code provides that if the business or company wishes to offer a consumer service line, it may use existing numbers, except those which are classified as premium rate numbers.
This provision should not be confused with the provisions of Article 252-4 with regards to the need for basic service providers -those services which are essential and necessary for everyday life or have a widespread use among consumers (utilities, transport, mass media, communications, care and health, and finance and insurance)– must offer their clients a free phone service, for example, a 900 number or other similar means -which can be contacted in order to notify the company of any incident, event or circumstance that affects the normal functioning of consumer relations and the lodging of claims about services received. It should be noted that “free” refers to both the cost of the call and the service received. Accordingly, the services considered basic must provide a free care telephone service for its customers.
3.2. What are premium rate numbers?
Premium rate numbers are regulated by the PRE/2410/2004 Order of July 20 which amends the PRE/361/2002 Order of 14 February, which develops the questions related to the rights of users and premium rate services, of Title IV of the Spanish Royal Decree 1736/1998 of 31 July, approving the regulations developed by Title III of the General Telecommunications Act, which is deemed to be included in the definition of premium rate services that currently are covered by the codes 803, 806, 807, 905 and Premium SMS.
3.3. What is the deadline for companies to respond to complaints from their customers?
In a period of one month. Article 211-4 paragraph C of the Consumer Code provides that the business must respond to the complaints received as soon as possible and in any case within one month of their presentation. In the event that during this period, the complaint or claim has not been satisfactorily resolved, the business or company that is a member of an extrajudicial dispute resolution system should provide appropriate means to ensure access for the consumer to the extrajudicial dispute resolution system or, if applicable, recommend the consumer to take up the claim with the public consumer services.
3.4. How can a consumer prove that he/she has filed a complaint against a company?
The business is obliged to faithfully guarantee that the consumer has proof, in order to be able to potentially exercise his/her rights, in writing or in any durable form, of the presentation of any kind of claim or complaint concerning incidents, events or circumstances that affect the normal functioning of consumer relations. (211-4.c). Therefore, the business must issue a confirmation of receipt, an incident number or any other supporting document.
3.5. Do companies that offer basic services in Catalonia have to have a physical address here to deal with complaints and claims from its users?
Yes, the Consumer Code of Catalonia establishes in Article 252-4.2 in relation to basic services that the service provider shall provide, at the time of contracting, a physical address in Catalonia, where the consumer can be attended quickly and directly in relation to any complaint about the service, provided that the customer service is not made in the same establishment which has been contracted.
4.1. According to the Consumer Code of Catalonia, do products have to be labelled in Catalan?
Yes. Article 128-1 of the Consumer Code of Catalonia establishes that consumers are entitled to receive in Catalan the information necessary for the consumption, use and proper handling of goods, according to their characteristics, regardless of the medium, format or support used, and, in particular, the data required directly related to safeguarding health and safety.
Therefore, the information necessary for the proper consumption and use of goods featured on the labels of goods that are sold in Catalonia must appear at least in Catalan.
4.2. Is the consumer entitled to be attended in Catalan? What does the expression "be attended” mean?
Yes, he/she is entitled to be attended in Catalan. Article 128-1 of the Consumer Code, states that consumers, as part of their consumer relations, are entitled to be attended orally and in writing in the official language they choose.
Specifically, companies and establishments which are engaged in selling products or providing services in Catalonia, although they have services which are organized outside the region, must be able to serve consumers in any of the official languages of Catalonia.
The expression "be attended" means the obligation to understand, at the least, any consumer that expresses him/herself in either of the two languages, without this involving the obligation to speak in one language or another.
4.3. Are companies required to have their website in Catalan?
In general, there are no regulations requiring companies to have a website in Catalan, nor is it mandatory for a company to have, for example, their web in Spanish, since it is an activity that is strictly within the scope of the decision of each business.
Article 128-1 of the Consumer Code establishes the information that consumers have the right to receive in Catalan. Accordingly, insofar as the web of the company that provides services in Catalonia is addressed to potential Catalan consumers and includes any information mentioned in the article above, this information must appear at the least in Catalan.
4.4. Are consumers entitled to receive the necessary information on products and services in Catalan and immediately so?
Yes. The Consumer Code of Catalonia establishes that consumers are entitled to receive immediately in Catalan, the documents and information necessary for the proper use of consumer goods and services, according to their characteristics, regardless of the medium, format or support used.
5.1. What is meant by a basic services provider?
Basic services are, in accordance with Article 251-2 of the Consumer Code, those services which are essential and necessary for everyday life or have a widespread use among consumers. They include utilities, transport, mass media, communications, care and health, and finance and insurance.
5.2. What obligations do brand service providers have in relation to consumers?
The service providers of brands are obliged, in relation to the consumer, to do all the steps, to resolve incidents, to provide information about goods and services and respond to commercial guarantees as if they were the same brand company which they display.
If the brand service providers are empowered to register the consumer with continual-provision services, they should also be empowered to unsubscribe services, if so requested, with the same requirements as involved in the registration.
6. Prices and payments
6.1. What is meant by "abusive pricing"? Does it affect all types of services?
Prices, surcharges and supplements of services are free to set, except for those subject to approval or authorization, although they must respect the obligations of previous information provided for by this law and other applicable provisions.
If in order to provide the service correctly, parts, spare parts, accessories or goods are required, a list of prices must be available and the consumer must be informed of the existence of this list.
The Consumer Code provides that abusive pricing cannot be charged, especially if the particular circumstances of the case undermine the freedom of choice of the consumer.
The concept of "abusive pricing" is an undefined legal concept, and in this sense you should take into account Article 251-7, which establishes limitations on charging for surcharges or supplements to the price of the service. In addition, the same Consumer Code establishes as an infringement the charging for labour, transport or visits of amounts which exceed twice the estimated average cost of each sector. It therefore affects all services which charge for these types of items.
6.2. Do businesses have to provide a prior estimate?
Article 212-2.1.b) of the Consumer Code provides that establishments engaged in selling goods or providing services should submit a prior budget whenever the consumer requests one.
In addition, Article 251-3.2 of the Consumer Code stipulates that businesses which offer or provide any service or that advertise this must draw up and give to consumers a prior estimate of the service if the consumer cannot directly calculate the price, unless he/she expressly waives the preparation of the estimate by means of document signed by him/her.
Thus, in the case, for example, of the provision of home services and the repair of vehicles where there is an obligation to provide an estimate unless there exists a prior waiver in writing, this requirement is not affected with the coming into effect of the Consumer Code.
6.3. Is it possible to limit the amount payable by credit card?
Yes. It is legal to limit the amount, setting a minimum or maximum, provided that these conditions are not abusive in nature, that is, any maximum or minimum amounts must be within limits which are consistent with social and economic realities in accordance with the type of establishment or sector in question.
6.4. Is it possible to charge for using a specific method of payment (credit card, debit ...)?
Yes, the Spanish Act 16/2009 of 13 November on payment services permits this. However, because it may require the payment of an additional amount in order to use a particular method of payment the following requirements must be fulfilled:
- Consumers must be informed in advance, before purchasing the item in question.
- Differential costs incurred by the beneficiary cannot be exceeded, for example, the commercial establishment, the service provider of information technology or electronic commerce ...- due to the acceptance of these instruments.
- There must be at least one alternative means of payment available at no cost.
With regards to what should be understood as differential costs, the third paragraph of Article 211-3 of the Consumer Code states that these costs must be paid by the business as a direct result of the acceptance of the means of payment in question.6.5. Do vending machines have to provide the consumer with a receipt for the transaction?
Yes, in general terms. Article 224-2 provides that the vending machine must be equipped with a system to obtain a receipt of the completed transaction, which must include the identification and address of the responsible party, the price, a description of goods or services and the date. In addition, the regulation provides that the vending machine must have a system to cancel the operation without the consumer being charged before obtaining the goods or service. However, this general obligation to provide a receipt of the transaction is not applicable to gaming and gambling machines, food vending machines or to the supply of goods.
6.6. When is it necessary to guarantee the repayment of amounts paid in advance by the consumer? How should these amounts be guaranteed?
The obligation to guarantee the repayment of advances made by the consumer is applicable in consumer relations when the amounts advanced exceed 25% of the total amount for the transaction, provided that this is more than 100 euros. These two requirements must be met at the same time. Therefore, the amount advanced must exceed 25% of the total amount of the transaction and this should be more than 100 euros. If these conditions do not occur, the company is not obligated to guarantee the repayment of the amounts advanced.
Regarding the method of guaranteeing these amounts, the Consumer Code gives the business or company free choice, and therefore, it may provide this guarantee by means of deposits, guarantees or other similar instruments.
6.7. Does a company in the sales season have to inform the consumer of the normal or usual price of the goods or service and the reduced price? Is it possible to replace the reduced price with the reduction percentage?
Yes. The Consumer Code provides that if the conditions are more advantageous or the benefits for the consumer consist in a reduction in prices over the previous price of the goods or services, this reduction must be clearly indicated, and the normal or usual price of the goods or service and reduced prices must be shown. However, this information can be substituted for the percentage of the reduction in prices of each goods or service.
6.8. If cards and other means of payment are accepted on a regular basis, can their use be limited during sales periods?
No, provided the normal requirements for these payment methods are met.
6.9. Can a company stop providing a continual service due to the failure to pay a bill of which a complaint has been lodged?
No. Article 252-5.5 of the Consumer Code stipulates that a continual-provision service may not be stopped due to the non-payment of any bill or invoice, if the consumer has lodged a complaint regarding the bill or invoice to the same provider, or through judicial or extra-judicial mechanisms for resolving conflicts.
7.1. Does the vendor have to inform consumers about the product guarantee?
Yes, under Article 242-3 the vendor must inform consumers of their rights in the case of non-conformity by means of a sign, written document, invoice, receipt or any other means that allows a record to be kept.
- If such information is provided by means of a permanent sign it must be placed in full view of the public and be easy to read and understand.
- If provided in a document, the text given to the consumer must be immediately available to consumers in Catalan and Spanish.
- If the information is included on the invoice or receipt, it must be printed with a type font and size that means it can be clearly read.
- Information about durable goods must be provided in a document or on the invoice or receipt and not on a sign.
7.2. What are durable goods?
- Furniture, household items, accessories and household goods.
- Electrical, electrotechnical, electronic and computer appliances and software.
- Motor vehicles, motorcycles, bicycles, their parts and accessories.
- Toys, games, recreation and sports articles.
- Housing.
7.3. What guarantees are there for services?
Under Article 251-5, services must be guaranteed for at least six months from the date of completion of the last service provision action or activity, unless there is specific legislation that establishes a different period.
8.1. Do the names OMIC and OCIC, used by many local and county councils for their consumer information offices, disappear under the Code?
No, Article 126.10 of the Consumer Code defines what public consumer services are in general. Specifically, it defines them as any publicly owned agency or organisation operated by a Catalan government authority that provides information, guidance or advisory services for consumers and sets out their functions. However, each Catalan government authority may use the name it deems most appropriate for the organization that carries out these tasks (for example, Municipal Consumer Information Office [OMIC], Municipal Consumer Service, County Consumer Information Office [OCIC], etc.)
8.2. Do government helplines for the public have to be free under the Consumer Code?
No, the Catalan Consumer Code only requires businesses that provide basic services (utilities, transport, broadcasting media, communications, assistance and health care, and financial and insurance) to have a free telephone service so that their customers can report any incidents, events and circumstances that affect the normal functioning of the consumer relation to the company and make complaints about the services received.
It will only become obligatory if the government authority is a provider of any of these services.
