Summary of changes to the new Consumer Law that affect eCommerce

Summary of changes to the new Consumer Law that affect eCommerce

El quality seal for online stores eValue has prepared a summary of the most relevant changes of the new Consumption Law that affect the eCommerce This summary includes everything there is to know about the changes regarding the pre-contractual information that must be included, the new return period, the regulation of shipping costs and the possibility of testing the product before returning it, which are some of the most relevant that the new law has introduced.

The new law 3/2014 entered into force on June 13, 2014 and modifies the revised text of the General Law for the Defense of Consumers, approved by Royal Legislative Decree 1/2007. This modification directly affects the general conditions of sale that currently have a large part of the online shops, and it is essential that both eCommerce and customers know their obligations and rights respectively.

Main modifications of the new Consumer Law that affect eCommerce

1. Obligations regarding pre-contractual information

With the new law, online stores must provide the consumer prior to contracting products or services free of charge and at least in Spanish information regarding the main characteristics of the goods and / or services that can be purchased in that eCommerce.

In addition, in relation to the price of goods and / or services that cannot be calculated in advance, it is mandatory for the online store to report its price through a written estimate or to report on how said price will be determined. In addition, the price of all associated expenses, such as transportation, must be established. If such calculations are not possible, you will be informed that it may be necessary to pay additional expenses.

The pre-contractual information must also include the forms that the client can use to claim, the commercial guarantee, after-sales services and the duration of the legal guarantee, as well as the available payment methods, complete information on delivery and execution and the date on the one that the company undertakes to deliver the goods or execute the provision of the service.

2. New guarantees to cancel or withdraw the contract

The new Consumer Law extends the withdrawal period, that is, the return period, to 14 calendar days (before this period was 7 business days). This new period contemplates that the consumer has the right to return the merchandise during the 14 calendar days after the date on which he communicates his cancellation decision to the entrepreneur. The period available to the employer to refund the money, including delivery costs, is 14 days from the withdrawal.

3. Regulation of the use that the consumer can make before giving up

Many online stores include this limitation, explaining that if the consumer uses the product, the money will not be returned. With the new regulations, the entrepreneur may not prohibit the consumer from trying the purchased product or limiting the use for which it was purchased. The consumer will only be responsible for a decrease in the value of the product for making a different use for which it is designed.

In this sense, it will be the responsibility of the employer to incorporate clauses that delimit what is understood by improper use of the product and establish the normal checks that the user is expected to make of the product to verify that it works for their own purposes.

4. Product delivery risk

The entrepreneur will assume the risks that the product may suffer during transport until it is delivered to the consumer.

5. Limit on surcharges for using certain means of payment

The entrepreneur may not charge consumers an additional amount or percentage to be paid by credit card or any other means of payment.

A hard blow for smaller online stores

There is no doubt that small online stores will be greatly affected by these new measures, although the new regulations will undoubtedly improve consumer rights as well as the quality of sales over the Internet.

What is needed now is that consumers know their rights and enforce them in all their online purchases, whether they are made in small virtual stores or in larger and more powerful ones.


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