Synthesis of the rights of consumers and users
- 1.1 Coming into force
- 1.2 Objective of the Act
- 1.3 Period of business adaptation
- 1.4 Principal definitions
2. Basic principals of consumer law
3. The basic rights of consumers
- a) the right to the protection of health and safety
- b) the right to economic and social protection of interests
- c) the right to compensation and repair of damage
- d) the right to legal, administrative and technical protection
- e) the right to information, education and training
- f) the right to representation, consultation and participation.
- g) language rights
4. Extrajudicial conflict resolution
5. Requirements of the consumer relations
- 5.1 price
- 5.2 consumer service
- 5.3 pre-payments
- 5.4 requirements of offers and promotions
- 5.5 requirements of the terms of payment, estimate and supporting documents of the operation
- 5.6 consumer relations at a distance
- 5.7 consumer relations outside commercial establishments
- 5.8 consumer relations relating to vending machines
- 5.9 consumer relations through intermediaries
- 5.10 information for consumers in the case of lack of conformity with goods
6. Obligations in the provision of services
- 6.1 classification of services
- 6.2 obligations common to all services
- 6.3 service guarantees
- 6.4 basic services
- 6.5 continual-provision services
- 6.6 brand services
- 8.1 Refunding amounts unduly paid
- 8.2 Compensation for proven damages
- 8.3 Public rectifications
- 8.4 Publishing the sanctions
The Consumer Code of Catalonia came into force on 23rd August 2010.
To ensure the defence and protection of consumers and to establish the principles and rules in the territory of Catalonia that should govern in order to improve their quality of life.
1.3 Period of business adaptation
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 since its publication. The Code will be published on 23 July 2010, so that the deadline for adaptation will be on 23 January 2011. However, when dealing with micro and small businesses, according to the definition of 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.
- Consumers: Physical persons or legal entities acting within the framework of consumer relations in a field outside a business or professional activity.
Physical persons or legal entities are excluded who are acting in their own area of a business or professional activity. However, these persons, as users of services or products, are protected by the rights of the sector-specific regulations (e.g. telecommunications, information technology and electronic commerce, energy supplies ...).
- Consumer relationship: any relationship between, on the one hand businesses, intermediaries or the Administration as a provider of goods and services and, on the other, consumers.
The relationship includes consumer information, provision, promotion, advertising, marketing, use, sale and supply of goods and services and the obligations that derive from them.
- Average consumer: a consumer who, according to normal care and diligence, should be generally informed and be reasonably careful in consumer relations, according to social, cultural and linguistic factors.
- Responsible consumption: moderate, informed, thoughtful and conscious consumption of goods and services, taking into account the criteria of cultural, environmental, socioeconomic and linguistic sustainability.
- Invitation to buy: any commercial communication which indicates the characteristics of the goods or service and its price, and allows the consumer to purchase it.
2. Basic principals of consumer law
The rights granted under the Code to consumers have the nature of a basic right, are subject to special protection and are inalienable, and so any agreement that excludes them shall be deemed null and void.
Consumer relations shall be based on good faith and the equality of legal positions between the company or business and the consumers. This means that unfair or abusive business practices may not be carried out, nor may abusive clauses be included in contracts.
3. The basic rights of consumers
The rights protected by the Consumer Code are principally:
a) the right to the protection of health and safety
b) the right to economic and social protection of interests
c) the right to compensation and repair of damage
d) the right to legal, administrative and technical protection
e) the right to information, education and training
f) the right to representation, consultation and participation.
g) language rights
a) The right to protection of health and safety.
1. General obligation
The goods and services aimed at consumers may not be dangerous to their health or for their safety, except those that are customary or legally permissible under normal or the foreseeable use of goods and services.
All those risks which normally exist or that the standards support in normal and foreseeable use must be notified to consumers clearly and using appropriate means.
b) The right to economic and social protection of interests
1. General provision and protection against contractual abuses
The consumers have the right to:
- Have general clauses or other clauses which are not negotiated individually that are written with specificity, clarity and simplicity, in order to respect the principles of good faith and fair balance between the rights and obligations of the parties.
- Receive from providers of goods and services a copy of the contract, invoice, receipt or proof of payments.
- Receive, when it cannot be set exactly beforehand in accordance with the goods or service, a binding estimate.
- Obtain, when goods or services are provided for any purpose, a receipt.
- Have guaranteed the amounts paid in advance.
2. The right to information
Consumers have the right to be given in a reasonable and sufficient time, a contract model with the general conditions provided.
The contractual documents must include, if applicable, the general conditions, the right to withdrawal and the conditions and terms of the exercise, the existence of additional guarantees and the observance of codes of conduct and alternative means of conflict resolution.
3. Quality and suitability of goods and services and their conformity
The period, guarantee and the possibility of waiver or reimbursement which are established in the contracts must allow the consumer:
- To ensure the nature, characteristics, conditions and the usefulness or purpose of the goods or service.
- To be able to effectively claim in the case of failure, defect or damage.
- To be able to make effective the guarantees of quality or level of service and obtain a refund equal to the price of goods or services in the case of incompliance.
In addition, consumers are entitled to be informed of their rights as purchasers of goods and services, especially with regards to the guarantee of goods of a durable nature and the conformity with the goods.
In the case of service provision, the consumer has the right to proper attention once the service has been provided, which guarantees the correctness and suitability of the service.
4. Contract integration of the offer, promotion and advertising
Consumers can demand the contents of the offer, promotion or advertising, the benefits of each goods or service, the legal or economic conditions and the guarantees offered, although this is not expressly stated in the contract or in the document or receipt received.
c) The right to compensation and repair of damage
The consumers have the right to repair or to the compensation for damages they suffer as a result of the purchase or use of goods or services.
d) The right to legal, administrative and technical protection
The Catalan government can take appropriate action to cease the activities that impair the rights and interests of consumers. They should also encourage voluntary dispute resolution procedures and participate in the consumer arbitration system.
e) The right to information, education and training
1. Assistance and Use
The consumers have the right to receive information, and appropriate and necessary assistance in order to learn, use and make use of goods and services safely and in a satisfactory manner. They also have the right to receive the information necessary in order to learn about them and to use them safely and successfully.
2. Characteristics of goods
The information contained in the packaging, packing and product labels should include the following:
a) Nature and composition.
b) Quantity.
c) Quality.
d) Measurement and weight.
e) The risk involved in using, if applicable.
f) The method of anticipating, reducing and counteracting the effects of undesirable incidents, despite the instructions, which may occur.
g) The origin.
h) The required information of the quality controls.
i) Other relevant features of the offer.
3. Prices and sales conditions
Consumers, before purchasing goods or contracting a service, are entitled to receive suitable and easily accessible information on prices, rates, terms and items which increase the sales price, before purchasing goods or services.
4. Compensation and indemnity
The consumers are entitled to receive sufficient information, before contracting, on compensation, refunds or indemnity, and the method of determining the amount, in the case of the lack of conformity with the goods or service, especially with regards to basic or essential services.
5. Opening times
The consumers have the right to know the opening hours of public offices, even when they are closed to the public.
6. Information on systems claim
The consumers have the right to, when requested, an official complaints or allegation form. They also have the right to the forms established by the extra-judicial systems of dispute resolution determined by the public administration.
7. Public consumer services
Consumers should enjoy at least one public consumer service in their region.
f) The right to representation, consultation and participation
The representation, consultation and participation with regards to defending the legitimate rights and interests of citizens in their consumer relations are channelled through consumer organizations.
The consumers, in their consumer relations, are entitled to oral attention and in writing in the official language they choose.
Consumers are entitled to receive in Catalan:
a) Purchase invitations, information of a fixed nature, contract documents, estimates, receipts for deposits, bills and other documents that refer to or arise from these.
b) The information required for the consumption, use and proper handling of goods and services, according to their characteristics, regardless of the medium, format or type of support used, and in particular, the required data directly related to safeguarding health and safety.
c) Contracts for joining organisations, contracts with clauses, regulated contracts, general conditions and documents that refer or arise from any of these contracts.
4. Extrajudicial conflict resolution
This is channelled primarily through consumer mediation and arbitration. The extrajudicial dispute resolution systems are binding upon the parties having subjected themselves voluntarily to them.
The public administrations of Catalonia, within their respective powers, are obliged to enforce their public companies which are subject to private law the obligation to establish, under the general conditions of contracting and in contracts with consumers, adhesion clauses or consumer arbitration agreements for the resolution of conflicts and complaints arising from the provision of services.
5. Requirements of the consumer relations
The price should indicate the total amount to be paid and must be broken down, if applicable, showing the different items, such as taxes, fees, additional costs chargeable to the consumer and other similar items.
If additional costs cannot be calculated beforehand, the existence and calculation method must be indicated. This information should be easily visible to the consumer before contracting, so as not to mislead or deceive.
The prices and/or conditions may not be increased because of the method or means of payment in amounts exceeding those costs borne by the business as a direct result of accepting the means of payment in question.
Businesses must:
- Attend, facilitate and provide information that is requested by consumers personally and, if necessary, face to face.
- Attend and inform consumers, straightaway and in an appropriate manner and, if necessary, in person, of any incident, event or circumstance that affects the normal functioning of consumer relations.
- Minimize and mitigate potential damages arising from the abnormal functioning of consumer relations and avoid excessive and unjustified waiting.
- If the business or company (not including basic services) decides to set up a telephone helpline for customers, this may not be charged at a premium rate, and consumers shall be informed and given this number or numbers.
- Guarantee that the consumer has proof, in writing or in any durable form, of the presentation of any kind of complaint concerning incidents, events or circumstances that affect the normal functioning of consumer relations.
- Respond to complaints and claims 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 recommend the consumer to take up the claim with the public consumer services.
- Make available to consumers, wherever their place of residence is and in any consumer relationship, information which must include: postal address, phone number and customer service telephone and fax number or e-mail where consumers can either request any kind of advice or information about the goods or services purchased or, or where they can make complaints or claims.
The total or partial advanced payment for goods and services is permitted if the following requirements are met:
- it should be previously detailed in the estimate or previously announced on a poster or a sign.
- the advanced payment does not entail the granting of the conformity of the consumer with the adequacy of the provision, nor the waiver of any of his/her rights.
- The business or company has taken out the appropriate legal businesses with financial institutions or insurance companies in order to guarantee the repayment of amounts advanced by the consumer. This requirement is applicable in consumer relations in which the amounts advanced exceed 25% of the total amount of the transaction, provided they are more than 100 euros.
5.4 Requirements of offers and promotions
The advertising of special conditions which are more beneficial for the consumer in relation to common practices of the company or establishment must provide at least:
a) The start date of the promotion or offer.
b) The duration of the promotion or the offer, or the number of consumers who can benefit from it.
c) The requirements to be met by the consumers.
d) The conditions, quality and provision of the goods or services of the offer or promotion, and the benefits of the offer or promotion.
e) The person responsible for the promotion
If promotions or offers are advertised for a period of time, this period should always be specified and the company should be able to meet the demand of consumers. If the demand cannot be met, the consumers must be informed of the right to purchase the goods or service, or one of similar conditions, according to the benefits of the offer or promotion. This must be made effective through an order form that gives the consumer the right to obtain goods or services under promotion, indicating the date on which this right can be made effective.
The goods or services in more beneficial conditions must not be damaged or be of a lower quality than those made by the Company or the establishment, which is making the offer or promotion, that are offered on a regular basis, except for sales of excess stock.
5.5 Requirements of the terms of payment, estimate and supporting documents of the operationBusinesses must:
- Provide a prior estimate if the consumer requests one.
- Provide an invoice, a receipt or proof of the transaction, with the following items:
Name or company name of the seller or the provider, tax identification number and full address of the establishment.
- Purchased goods or services rendered and amounts of each.- Total amount, with taxes included, with breakdown if applicable.
- Date of transaction.
- If cards or other means of payment are accepted on a usual basis, their use cannot be limited to certain times or conditions, provided that they meet the normal requirements for these payment methods.
5.6 Consumer relations at a distanceAny proposal for distance contracting must include information on the following points:
a) The identity of the business offering the goods or services.
b) The identification of the proposed contract. The lack of response to the proposal does not imply its acceptance.
c) The procedure to be followed and the requirements in order to sign the contract.
d) The cost of using remote communication, if this is higher than the basic prices of the service.
e) The information concerning goods or services offered.
f) The total price. The amount of the cost of delivery must be recorded separately if this is paid by the consumer.
g) The method and the deadline for the delivery of the goods or the execution of the service from the moment of receiving the order. The business must send the consumer a receipt of his/her order within three days from the receipt date.
h) The information on the right of withdrawal.
i) The refund system of the goods in the case of lack of conformity.
j) Methods of payment.
k) Guarantees and after-sales service.
5.7 Consumer relations outside commercial establishments
All consumer relations outside commercial establishments which offer goods or services must provide the following information:
a) The information concerning the goods or service, with a full description of its nature, quantity, quality and the possibilities of consumption or use.
b) The total price including taxes and fees. A breakdown of delivery costs must also be provided if they are paid for by the consumer.
c) The deadline for the delivery of the goods or the execution of the service if the goods or services are not supplied at the time of signing the contract.
d) Information on the non-admission of the right to withdrawal, if applicable due to the object of the contract.
e) The refund system of the goods in the case of lack of conformity, expressly stating that in this case the cost of returning shall be paid by the business.
f) Guarantees and after-sales service.
5.8. Consumer relations relating to vending machines
Vending machines should clearly display the following information:
a) The identity of the business which offers the goods or services, address and a toll-free customer care number to deal with possible complaints and claims.
b) The identification and essential characteristics of the goods or service, except when its contents are obvious.
c) The instructions to obtain the goods.
d) The exact price of the goods or service, the types of payment cards, and coins or banknotes accepted and an indication as to whether to enter the exact amount or if the machine returns change.
e) The functioning of the automatic system which allows you to recover coins or banknotes in the case of error, lack of goods or service, or when the machine malfunctions.
The machine must have a system to obtain a receipt for the completed transaction.
- The receipt must include the identification and address of the business which is responsible or liable, the price, a description of the goods or service and the date. This obligation does not apply to slot machines or food vending machines.
The machine must have an automated system to cancel the operation before obtaining the goods or services, without the consumer being charged for this.
5.9 Consumer relations through intermediaries
The intermediary must explain, before providing any service to a consumer, the following:
a) His/her identity and address.
b) The registration data in the corresponding registry where, if applicable, he/she is registered.
c) The scope of his/her powers.
d) An indication as to whether he/she works exclusively for a business or company, or as an independent intermediary.
e) The real and specific price of intermediary business. This obligation does not apply to the insurance mediation business.
f) The information provided for distance contracting, if the mediation is offered by electronic means.
g) The information on guarantees and extrajudicial systems for resolving consumer disputes.
5.10 Information for consumers in the case of lack of conformity with goods
The seller must inform the consumer about his/her rights in the case of a lack of conformity by means of an information sign, a written document, an invoice, a receipt or any other medium that allows this to be demonstrated.
- If information is given by means of a fixed sign, this should be in public view and be easy to read and understand.
- If the medium used is the document itself, the written explanation to be delivered to the buyer must be immediately available to consumers in both Catalan and Spanish. - If the information is included in the receipt or invoice, these must be printed in a font and colour contrast allowing it be read clearly.
- If the information is included in the receipt or invoice, these must be printed in a font and colour contrast allowing it be read clearly.
6. Obligations in the provision of services
6. 1 Classification of services
- Services given to persons: Services in which the provision is enjoyed by the same person, be it physical, intellectual, psychological, emotional or locomotive or any other aspect intrinsically linked to the person.
- Services on goods or things: Services in which the provision is done to goods or a thing, in order to adapt it, improve it, repair it or install it, or regarding any other aspect affecting the same goods.
- Basic services: Services of an essential nature and which are needed for daily life or have a widespread use among consumers. This includes utilities, transport, audiovisual media, communications, care and health, and finance and insurance.
- Services involving continual treatment: Services which the business does not provide on a single occasion, but rather have continuity in time, on a periodic basis, and usually in several parts.
- Brand services: Services visibly displayed when the trade name, brand, logo, emblem or symbol which identifies them with another business, which would make consumers believe that they have a special legal relationship with the owner of the brand or trade name.
6.2 Obligations common to all services
Businesses which offer or provide any type of service or which make advertising of this must:
- Inform consumers of the full price of the service through a visible sign in the establishment or a price sheet or leaflet.
- 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.
The estimates which are not accepted may be charged if this has been indicated in the price or in the list of prices or the consumer has been expressly informed.
The estimate must include at least the following data:
a) The identity of the service provider, indicating the person’s or company’s name, the tax identification number and the full address of a physical establishment of the provider.
b) The reason for or the object of the service, indicating the work or operations to be carried out.
c) The expenses that must be paid by the user, duly itemized, and the amount for the parts, spares, accessories and goods included in the service.
d) The period of validity of the estimate.
e) The date forecast for the start of the provision and the duration of the service.
f) The date of the estimate and the signature of a person responsible for the provider.
g) The date of acceptance or rejection of the estimate by the user, with empty boxes of the same size in order to sign either of the two options.
The various types of services must be guaranteed in accordance with the specific applicable regulations. If there is no specific legislation that regulates them, the services must be guaranteed for at least six months after completing the last act or activity of the provision.
The provider of the basic service:
- Must provide, at the time of the contract, a physical address in Catalonia, where the consumer can be attended quickly and directly with regards to any complaint or claim about the service, provided that the consumer care is not given in the same establishment where it was contracted.
- Must have a customer phone service to deal with incidents and complaints, which must be free.
- The contracts must specify where the users can deal with complaints or claims against the basic service provider and the procedure for doing so. It must also specify if it is a member of a consumer arbitration board and if the consumer may go to these bodies to resolve conflicts.
- Pre-contractual and contract information must indicate the existence of compensation, reimbursement or indemnity if the company fails to meet the quality of basic service.
6.5 Continual-provision services
The procedure to unsubscribe a continual-provision service cannot include more requirements or be more difficult than the procedure to register the service.
When taking out a continual-provision service, the customer must be informed of the procedure to unsubscribe and the compensation, penalties or payments applicable, if the consumer cancels the service.
The service provider of a continual-provision service should ensure adequate consumer care, without delay or waiting. This care should be personal, provided that the consumer wants this form of attention, without automatic mechanisms or procedures that make it impossible to talk with the consumer.
The provision of the continual-provision service cannot be stopped due to the non-payment of any bill or invoice, if the consumer has submitted a complaint regarding the bill or invoice to the same provider or through judicial or extrajudicial mechanisms of conflict resolution.
Before interrupting the continual-provision service and before including the consumer in unpaid customer records, there must be at least two unpaid invoices or bills on which there is no claim pending, provided that they have not been subject of complaint by the consumer, that they have been reliably informed of the consequences of this default and that he/she has been given no less than ten working days to pay the bill.
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 in continual-provision services, they should also be empowered to unsubscribe services, if so requested, with the same requirements as involved in the registration.
Brand service providers are linked by advertising and the offers made by the brand company in relation to goods or services sold, unless the advertising document states the establishments included in the promotion or the offer and that the providers are not included.
The means of involvement is the official complaint or any other form permitted by the law on consumer protection.
The consumers, individually or through organizations which represent them, have the right to lodge complaints and claims to the administrative bodies in consumer affairs.
By means of this complaint, the administration responsible for the protection of consumers is informed of the facts, circumstances or events that may have violated consumer rules.
8.1 Refunding amounts unduly paid
Regardless of the penalties provided for the infringement of consumer rules, the sanctioning body must impose on the infringing party the obligation to refund immediately the amount wrongly paid, in cases where higher prices have been charged than those authorized, reported, given in the estimate or advertised.
8.2. Compensation for proven damages
A resolution can be dictated in the sanctioning proceedings which require the infringing party to replace the disturbed item with its original state and, if applicable, give compensation for proven damages caused to the consumer, which must be determined by the authority with competence to impose sanctions.8.3. Public rectifications
In the case of infringements in advertising, the competent authority may require the infringing party to publish a statement of correction under the same conditions or in conditions similar to the conditions in which the action was sanctioned.8.4. Publishing the sanctions
AThe sanctioning resolutions may decide as an additional penalty to publicise the sanctions imposed, in order to make an example, and in anticipation of future infringing conduct.
