In an era marked by constant and varied consumption, being a consumer is a role that, to a greater or lesser extent, we play in society. Therefore, consumer and user protection are a basic principle that obliges the State to ensure citizens’ rights and freedoms in this area.

However, with this purchasing power comes an accompanying responsibility: knowing and exercising one’s rights, as well as assuming the obligations that come with being a consumer.

This is reflected in Royal Legislative Decree 1/2007, of November 16, which contains the revised text of the General Law for the Defense of Consumers and Users, and other complementary laws.

Therefore, we will analyze some of the basic rights and obligations that every consumer should know.

Consumer Rights

• Right to information. Consumers have the right to receive clear and accurate information about the products or services they wish to purchase. This includes details on price, features, warranties, payment methods, delivery methods, and any other relevant conditions.In addition, merchants that sell online must identify themselves on the website with their name or business name, tax identification number (CIF), address, and contact information.

• Right to security. Products and services must be safe for use. In other words, consumers have the right to demand products free of risks that could affect their health or safety. Therefore, regulations establish that no product may be sold that has not passed the safety controls regulated by Royal Decree 1801/2003, of December 26, on general product safety.In Spain, there is the so-called Red Alerta (Alert Network), integrated into the European alert system (RAPEX). It allows consumers to identify products or services that pose a serious risk through a notification that anyone can consult. Furthermore, consumers can also report the dangers of a product.

• Right to choose. Consumers have the freedom to choose between different options at competitive prices. This fosters competition and protects consumers from monopolistic practices.
• Right to claim. Consumers have the right to file complaints and, in some cases, receive compensation if the product fails to perform as described or is defective.

However, reimbursement depends on:

• If the purchase was made remotely and the items are in perfect condition, the return period is 14 days from the day of delivery. Who will bear the return costs will depend on each business’ policy, but they must be clearly explained on the website.
• If the purchase was made in a physical store, you are only entitled to a return if the product is in perfect condition and the establishment acknowledges this.

On the other hand, we will emphasize how to make a claim:

• If the store is a physical store, they are required to have complaint forms. These are pre-established forms that must be filled out. You don’t need to attach any proof unless it’s required.
• If the store is remote, you should look for the complaints section on the website or send an email to the address provided. If these options are not available, you can file a complaint with consumer protection agencies, provided the company is domiciled in Spain. If the company is located within the European Union, the process would be carried out through the European Consumer Information Centre. If the company is not domiciled in the European Union, the complaint becomes a complicated process as it must be filed through the administrative authorities in the country of origin.
• Right to claim a guarantee. When a new product is purchased and it is defective, malfunctions, or fails to meet specifications, the consumer has the right to invoke the warranty. Regulations stipulate that the warranty for first hand items will never be less than three years, while second-hand items will have a minimum of one year. If this is necessary, the seller will be held responsible. They are obligated to repair or replace the product as quickly as possible.
• Right to protection. This is a fundamental aspect of any transaction, but even more important in the digital age. Regarding data protection, data must be processed transparently, securely, and with explicit consent, allowing the buyer to request corrections or even deletion.

Regarding payment, in addition to ensuring that the site is secure, the company must offer different payment methods and provide information on costs, fees, and payment terms.

Consumer obligations

• Read and understand contracts. It is the consumer’s responsibility to read and understand the terms and conditions before making a purchase. To avoid problems, it is important to pay attention to cancellation rights, return policies, and product warranty conditions.
• Use products or services responsibly. Consumers have a responsibility to use products or services according to the instructions provided. This is the only way to avoid compromising their own safety and that of others.
• Timely payment. If there is an agreed-upon payment deadline, it is very important that the consumer makes it within the agreed-upon time and using the agreed-upon payment method. Failure to do so may result in late fees or penalties.

Although the following recommendations are not mandatory for consumers, they are very important to follow:

• Stay informed: When making a purchase, especially online, it’s advisable to take some time to check the authenticity of the establishment, return periods, guarantees, etc. It’s also always advisable to be aware of consumer rights and obligations so you know how to act safely if necessary.
• Keep documents and receipts: We recommend that you keep all receipts, invoices, and contracts related to your purchases. These documents are essential when resolving any issues, as they also serve as proof of the transaction.
• Seek legal advice, if necessary: If you encounter significant problems with a product or service and cannot resolve them yourself, consider contacting consumer protection organizations.

Like this article? Share with your friends!