スペイン政府は、電話での買い物での透明性を強化。消費者の権利を確保、保護。
El Gobierno quiere reforzar las garantías de los contratos telefónicos
Trata de evitar cargos sin que el usuario sea conciente de haber contratado un servicio
Las compañías rechazan que se les exija un documento firmado por el usuario
Ramón Muñoz Madrid 19 ABR 2013 - 00:25 CET
The government wants to strengthen the guarantees of phone contracts
Try to avoid charges without the user being aware of having hired a service
The companies being required to refuse a document signed by the user
Ramón Muñoz Madrid 19 ABR 2013 - 00:25 CET
The Government is about to approve a complete modification of the rules of consumer protection to increase guarantees in recruiting most common services (telephone, electricity, water, gas and internet shopping). Among these safeguards is that of the need for consistency of a document written to give validity to a contract made by telephone or remotely (web, fax, email).
The new legislation comes to transpose the EU directive on consumer rights that establishes a new legal framework for phone contracts and commercial off-premises (in street, in a mall, in a visit to a home).
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The regulations provide the consumer expressly prohibits any goods, services or digital content unsolicited by him "where such supply involves a demand for payment of any kind". These avoid the increasingly common practice, especially in the internet buying, to make charges without the user being aware that you are hiring a service.
Also invalidates any additional payment is made for defaults that the consumer must disable (and therefore used in the travel website and insurance companies).
In fact, before the consumer is bound by a contract, the employer must report the identity of the company, full address, your phone number, the date on which undertakes to deliver the goods or perform the provision of service and the total price, including all taxes and charges. The withdrawal period is extended from seven to fourteen days.
However, the most controversial aspect of the draft bill to the Ministry of Health has distributed among the affected sectors is referred to the need in the event that a contract is to be held by telephone, the employer shall confirm consumer choice in writing or in any medium durable nature and "the consumer becomes bound only once you have signed the offer or has sent his written consent."
It invalidates any additional payment is made for defaults that the consumer must disable
This requirement of a written document hinder the current celebration of millions of contracts that are made with recorded conversations, as the company and the consumer would be in a legal vacuum (with the consequent danger that the supply is made) until the user Company not to return the signed contract.
In practice it would be impossible, for example, the possibility of changing phone company (mobile, fixed and Internet) within the time currently set (one business day in Mobile) by the method of portability that preserves the number, and that use more than 10 million users per year.
Therefore, some telecommunications companies have pushed through the Ministry of Industry to which derogates from the controversial Article 98, and that operators continue to be governed by the laws governing electronic commerce and the information society, which allow the hiring of recorded calls.
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