Consumer rights after Black Friday

Lawyou — Wednesday, 24 de february de 2021

Consumer rights in Spain are regulated by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, and should not be altered in times of massive sales, such as Black Friday.

Due to the curfew caused by the resurgence of the COVID-19 pandemic, online purchases have increased significantly, and complaints are the order of the day. In order to avoid falling victim to a scam or deception, from Lawyou we bring you a series of tips so that your attention is as alert during Black Friday as your desire to buy.

What should I do before confirming the purchase?

Your cart is overflowing with products and you’re about to hit the click that will change your life. This is the time to make sure that change won’t be one you’ll regret. Let’s take a look at the things you should pay special attention to in the moments leading up to the purchase:

Web security: this time is ideal for the proliferation of fraudulent webs whose purchased product will never reach your hands or that do not comply with the promises of warranty and return of which they boast. How do you know if an online store is safe? Always look for all the components detailed below:

  • That you use the https, otherwise your data may be exposed.
  • It must be a web that you know before. Be careful with those that arise purely and exclusively for sales periods such as Black Friday.
  • Showing a physical address
  • To display its corporate name
  • The company’s VAT number must be visible
  • That there is a contact, which may be by telephone, e-mail or postal address.

Local or foreign website: Although there is nothing wrong with buying from stores outside Spain, you should take into account that returns may require more hassle than keeping the product.

Public networks: Public wifi networks are very practical for staying connected when we do not have a paid Internet service on our mobile, but they are not for making online purchases, since as users we are exposed to having our data stolen.

Misleading advertising: Exorbitant discounts should be a warning sign. Experts warn us that the price should be market price, even if a discount is applied. We should be wary of excessively cheap prices in relation to the product offered and its usual average market price.

Advertising, with its corresponding discounts, comes to us via SMS, email, brochures or banners on the web pages themselves. Before making the purchase, let’s save a photo, a screenshot or the physical support itself, as this will be our evidence to claim if we are charged more than what the promotion says.

Conditions of purchase and return: We must read in detail the conditions of purchase, the deadlines to carry out an eventual return and who will be responsible for shipping costs. We must keep this information, either in digital or physical format, in case the seller wants to disclaim the shipping costs assumed in writing or return.

How do I enforce my consumer rights?

Right of withdrawal: online purchases are covered by what is called “right of withdrawal,” which gives the buyer fourteen calendar days from the time you receive the purchase, to carry out its return. This does not imply any penalty or cost to the buyer if the item is returned in the same condition in which it was received. It is not necessary to state the reasons for the return and the product can be unpacked.

Proofs of purchase: the purchase must be justified through the receipts that we have received when making the purchase. Therefore, it is very important to keep everything that the company has issued us, invoices in which all the data of the company, the date of purchase, the product purchased and the amount paid will appear.

Claim: the first claim must be made to the address provided by the company for such purposes. In most cases, this is sufficient and the customer receives the corresponding refund. However, there are cases in which the company tries to disengage itself from the return. In such cases, the consumer should proceed as follows:

  • Spanish company: Consumer Arbitration Boards; Municipal Consumer Information Office or Directorate General for Consumer Affairs of the Autonomous Community. In all cases, it will have to be the entity that corresponds to the buyer’s domicile.
  • Foreign company within the European Union: European Consumer Information Center.
  • Foreign company outside the European Union: in the administrative bodies or in the courts of the country where the company is established.

It is always convenient to have a lawyer to accompany us in the claim. Find in Lawyou the most convenient for your situation.

Do you need legal advice?.

  1. Lawyou’s partners are specialists who will be able to answer any questions you may have.
  2. LAWYOU lawyers will help you
  3. At LAWYOU we have lawyers with many years of experience who can help you or give you more information about the currently applicable legislation and future changes. Do not hesitate to contact us to tell us about your case through our email info@lawyoulegal.com or, if you prefer, you can also call us at 667 606 611.
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