In the vast majority of cases, and fortunately, purchases made over the Internet do not cause legal problems for the benefit of consumers themselves. By having legal protection in its processes of purchase over the Internet. But in any case, any kind of incidence of this type is not exempt and therefore the companies of E-commerce They have certain internal procedures that have the objective of promoting a friendly solution with the consumer.
Of course, it must start from a very specific scenario in the online sector. It is none other than the fact that Internet purchases are adhesion contracts, which actually means something as important as that the consumer cannot negotiate or change the contract that regulates the sale that he has made. Something that, on the other hand, does not happen in operations through stores or physical stores.
From this general scenario, it is necessary to specify that the European Union has promoted the creation of protective legislation of consumers and users, especially regarding the development of the concept of abusive clauses in contracting with consumers (in particular, Directive 2011/83 / EU of the European Parliament and of the Council of October 25, 2011 on consumer rights ). In Spain, this protection is included in the Consolidated Text of the General Law for the Defense of Consumers and Users of 2007. On this subject, we are particularly interested in highlighting its article 90.
Legal protection in online purchases
One of the aspects that are most taken into account to assess this legal protection is that which has to do with abusive clauses in their operations. Where the following considerations that we are going to expose below are taken into account.
- The submission to arbitrations other than consumer arbitration, except in the case of institutional arbitration bodies created by legal norms for a sector or a specific case.
- The provision of express submission agreements to a Judge or Court other than the one corresponding to the domicile of the consumer and user, to the place of fulfillment of the obligation or the place where the property is located if it were real estate.
- The submission of the contract to a foreign law with respect to the place where the consumer and user issue their declaration in the business or where the entrepreneur carries out the activity aimed at promoting contracts of the same or similar nature.
Tools to protect users
The acquisition of products and services through the Internet poses risks for the consumer similar to those of other distance sales in which there is no physical contact between buyer and seller. Via a series of rights like the ones we are going to mention from now on.
- The right to truthful, effective, sufficient, transparent and updated information on the conditions offered by the operators and the legal guarantees.
- The right to receive product services with quality guarantees, and to receive comparable, pertinent and updated information on the quality of services.
While on the other hand, it is also very important to assess the fact that the legislation applicable to the case of the protection of consumer rights varies significantly from one country to another and therefore it is necessary to know the current regulations in the country in which is the consumer. Thus, for example, the treatment of advertising dedicated to minors has restrictive or permissive approaches depending on the country.
As with the launch of the right to data protection. It is an additional right that prevents the dissemination of data that can give information about a person through which they can be identified or aspects of their personality can be extracted. And on which we will dedicate another article to detail it in more detail so that it can be understood more correctly by the users themselves.
Advantages of having legal protection
Of course, this kind of protection is very suitable for businesses in online format due to its own characteristics that derive from its own nature. Where it is very important to preserve some aspects that are exempt in other types of physical or traditional businesses. Do you want to know some of the most relevant reasons? Well pay a little attention now because they can help you at some point in your professional career.
Legal advice, also from an online support.
Document management: Examination and revision of the documentation related to the consultation.
It takes care of the legal expenses, such as the election of the lawyer or attorney, the coverage of professional and professional fees, and legal expenses, as well as appeals and resources.
Claim for damages derived from the start-up and development of your business.
Tax defense: defense in tax liquidation or sanctioning procedures initiated by the Tax Administration.
Claim for breach of contract for services, movable property or supplies.
Defense of the rights related to the premises or habitual residence where you carry out your professional activity.
While on the other hand, you cannot forget that this feature is very suitable if you want at all times to seek, above all, a global solution for any individual or company that wishes to maintain control of their legal procedures and all this, without the detriment of losing time or money for its full resolution.
In the basic mode It implies receiving advice from specialists in Law in all its branches by telephone in an unlimited way, defense in tax matters, in housing and occupation, support in documentary procedures such as supply contracts, services, labor, claims for physical, psychological and material damages, among others.
What are the policies for an online store like?
Through this insurance product you will get more than a simple telephone advice because all the necessary expenses for the defense of the users will be covered, even in the event of having to go to trial, from a traffic accident to a trial separation, and in any case it will always be cheaper than going directly to professionals (lawyers, solicitors, notaries or experts) through a policy that can be subscribed for less than 100 euros per year.
On the other hand, some more specific policies incorporate as additional coverage the connection with law firms, as a formula to expand the coverage of their clients and that they have greater legal protection, although not for free since it is presented with discounts on the invoice submitted by the hired lawyers.
In these cases, the insured, in the event of conflicts not covered by the policy, can go to the network of dispatches made available by the insurance companies that market this product, so that the fees will be paid by the insured himself, with a discount between 5% and 20% on the official rate, regardless of the legal benefits provided by your policy. This possibility of going to other legal professionals with discounted prices is included in the most complete insurances, they are almost never included in the basic packages that are offered to their clients, and therefore it is necessary to notify the insurer that you want to hire, if this is the wish of the insured.
Credit amortization insurance
In this case, it is at the end of the day about products that pay their quota if they get sick, if they lose their job, interest rates rise, etc., it can be an excellent shield against unforeseen events that are not contemplated at the time. to subscribe any kind of credits and, therefore, a way to protect against the appearance of any of these contingencies that can give an unknown direction to the purchased product.
Insurers develop personal protection policies to amortize credits and mortgages for those who wish to be covered for the economic damages that could lead them to assume this responsibility to their heirs, derived from a situation of premature death or absolute and permanent disability and, where the outstanding debt with the credit institution will be assumed by the insurer.
Staying unemployed or changing jobs under worse contract conditions is not covered by these policies, although it does contemplate the advance payment of the entire capital in the event that the insured cannot practice any paid profession due to other circumstances.
While the price of your policy is based on the coverage subscribed, but above all on the amount loaned or what remains to be returned, and in any case they have an annual fee, although it can be divided into lower periods, that is, monthly, quarterly , quarterly and semi-annually.
In any case, the most demanded service is the one related to queries and doubts, about situations of legal risk. Thanks to him, it is possible to have professional legal advice, offered by lawyers with experience in each sector, which will help us make the most appropriate decisions based on our interests.