Understanding Consumer Rights and Legal Protection in Spain

Clients, Customers, and Consumers

• Customer: A person who buys a product but is not a habitual client.
• Client: A person who usually buys a product.
• Consumer: A person who uses a product but does not necessarily pay for it.

Consumer Protection

Consumers are at the end of the distribution channel. A consumer purchases a product or service for direct use, not for reselling or for further production. The following stages in the distribution chain of goods from their production to the time they reach the end user.

The manufacturer is the party that makes the product. This is stage 1.

The wholesaler is the intermediary who buys products from the manufacturer and sells them on to the retailer. This is stage 2.

The retailer is the party who sells the product to the end consumer. This is stage 3.

The consumer is the ultimate user of the product. This is stage 4.

Reasons Why Consumer Rights are Necessary: Consumers need to be able to obtain accurate, unbiased information about the products and services they purchase. This enables them to make the best choices based on their interests and prevents them from being mistreated or misled by businesses. On the other hand, to prevent abuse by sellers or other parties in the distribution channel and to guarantee that products are safe. That is to protect the customer from dangerous and defective products, misinformation, fraud, and abusive contracts.

Consumer Rights

Consumer rights are the set of regulations in place to protect the customer from dangerous and defective products, misinformation, fraud, and abusive contracts.

• The right to satisfaction of basic needs: Access to basic goods and services (i.e. food, clothing, shelter, education, healthcare, ...) should be guaranteed.
• The right to choose: A range of quality products or services is available for the consumer to buy at competitive prices.
• The right to safety: Protection against dangerous products and services is guaranteed.
• The right to be informed: Reliable information about the product or service must be given to the customer.
• The right to be heard: Complaints can be made to express dissatisfaction with products or services.
• The right to redress: Fair settlement of complaints and claims is guaranteed.
• The right to consumer education: Information about consumer rights and responsibilities should be available.
• The right to a healthy and sustainable environment: Right to live and work in a non-dangerous environment.

Legal Framework of Consumer Protection

The legal framework for consumer protection in Spain involves four institutional levels: the European Union, the Spanish state, the autonomous community, and the local administration.

European Union

Consumer Rights:

• Consumers can cancel an order, return the product, or get their money back within 14 days of having bought it online, by phone, or mail.
• Consumers can have a defective product replaced up to two years after the purchase.
• Consumers must be given all the important information about the contract before signing. Hidden costs cannot be charged and all costs need to be explicit and stated to the customer before agreeing to the purchase.
• Consumers cannot be charged more than the real cost of the transaction for using alternative payment methods, such as a credit card.
• Web pages containing additional extras to the service or product offered cannot be pre-ticked. Consumers must tick the box knowingly.
• Retailers need to indicate who pays the postage fees for returning unwanted goods.

Rules:

1. Buy what you want, where you want.
2. If it doesn't work, send it back.
3. High safety standards for food and other consumer goods.
4. Know what you are eating.
5. Contracts should be fair to consumers.
6. Sometimes consumers can change their mind.
7. Making it easier to compare prices.
8. Consumers should not be misled.
9. Effective protection for when you are on holiday.
10. Effective redress for cross-border disputes.