Online shopping is becoming more and more common among users. According to data from the Economic and Social Council, more and more people in Spain are buying online. As users use online shopping services more frequently, they are more aware of the security measures that an online store should have, but do we know our rights as consumers when we buy online?
Some precautions before buying
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When we buy for the first time on an online sales page, we wonder how to check if it is trustworthy. To do this, it is convenient to consult the legal information of the commerce that should be included in the sections «Legal notice», «Terms of use» or «Privacy policy» of the website itself, where the data are reflected for its location (registered office and CIF, and a postal or email address) to address possible claims.
The legal information is essential because:
- In the event of a possible conflict, it allows us to know against whom we should claim
- It determines the applicable laws and the competent control authorities
- It allows to know the rights of the users
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In addition, whenever private information is provided over the Internet (name, ID, credit card, etc.), it is necessary to check that the web page sends the information using the secure communication protocol https. If the page uses it, the browser will show a padlock icon and the URL will start with https instead of http.
Rights that we have once the purchase has been made
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The right of withdrawal by unilateral will of the buyer
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In application of the current Law for the Defense of Consumers and Users, from receipt of the product the consumer has 14 calendar days (without prejudice to some particular cases) to withdraw from the purchase of the good, without the need to justify the reason. It is recommended that this right be exercised by sending a reliable communication.
Exceptions are made for certain contracts for the supply of goods, which do not allow such withdrawal.
If the user is not informed of the existence of this right of withdrawal, the period is extended to twelve months.
Its exercise does not involve any cost to the consumer and user and unless otherwise clearly indicated in the purchase process.
If the right is exercised within the deadline, the online retailer is obliged to refund the price paid within 14 days from the date on which it was informed of the withdrawal decision. The refund of the money by the seller, will be made through the same means of payment of the purchase unless otherwise expressly agreed.
Warranty if the product is defective
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According to the current Law for the Defense of Consumers and Users, products purchased online have the same warranty as those purchased in a physical store, i.e. two years. In case of defect in the product, repair and replacement will be free of charge for the consumer.
A claim must be made through your after-sales service, customer service, etc.. And always by a means that leaves a record of the claim.
If you do not get an answer
In the above cases or in other cases in which, for example, the product does not match what was offered, the final price is higher, and provided that we have complied with the provisions above (deadlines and means of complaint), if we do not get the expected result, what can we do?
If you do not get the expected response you can contact the intermediary through which you made the purchase. Platforms such as Paypal facilitate disputes between users and sellers and even usually refund the money to the affected if the product is not received.
If again there is no response or solution to your problem you can go to the Municipal Consumer Information Office (OMIC) of the town where the address of the company or consumer is located, which offers a free information, guidance and mediation service.
Another option is to file a claim before an Arbitration Board to settle the matter. This has the problem that it is voluntary and the employer or seller must agree to submit to such Arbitration.
Of course, if the above routes are not enough to solve the problem, you always have the option of going to the courts of Justice, both civil and criminal.
From LAWYOU, we help you.
We have expert lawyers with many years of experience that will help you with any question in this regard. Do not hesitate to contact us through our e-mail address info@lawyoulegal.com or, if you prefer, you can also call us at 602 226 895.
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