INTRODUCTION
On 11th October 2013, the Spanish Government passed the draft bill of the regulatory framework in this area, pursuant to European Directive 83 of 2011. It is intended that this reform increases consumer rights when making purchases outside of a commercial establishment, that is to say by internet or telephone.
MODIFICATIONS
The main modifications of this reform affect the following issues:
1. The term for withdrawal from a contract is extended from seven to fourteen days. If the business owner does not provide information regarding this right, the term is further extended to twelve months.
2. The business owner must be sure that the consumer expressly accepts the price before making payment.
3. Likewise, the business owner must obtain express consent in order to make charges of additional amounts to the price of a product or service.
4. The consumer must always accept a contract in writing. Consent given by telephone only shall not be valid.
CONCLUSION
The modifications may considerably affect the way in which we make purchases by internet or telephone. The draft bill is already being discussed in parliament, and in the forthcoming months we shall see which version is finally passed.
Vilá Abogados
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31st of October 2013
