The rights we have discussed so far imply that suppliers and the State have a series of obligations towards consumers. If suppliers, or the State do not follow through with these obligations we, the consumers, must demand their fulfilment. We’ll see in a moment how to do so, but for now, here’s an overview of the obligations that each party has.
To begin, we’ll go over and explain the obligations that suppliers have towards consumers. Thus, it is important to remember the consumer rights explained earlier, since the obligations of suppliers are derived from these rights. Keeping these rights in mind, the obligations and responsibilities of suppliers to consumers are:
a) Protection of health and safety in the consumption of goods and services (Arts. 29-37 RLDC): The most important obligation the supplier has is to guarantee that they are not selling products that will imply a health or safety risk to the consumer, save those that are naturally associated with such risks for (legal) consumption or enjoyment. For example, the sale of gunpowder is without a doubt dangerous, however it is not always prohibited and when not sold to minors, it is not punishable.
b) Information that is true, accessible, clear, and adequately enlightening about the goods and services that are available in the market (Arts. 13-20 LDC and Arts. 67-69 RLDC): Suppliers should be very clear about which products they are selling in order to give the consumer the opportunity to make a choice about which product they would like to buy. Here, Law 182 indicates the kind of information that should be available about each product, including its: composition, purpose, additives used, quantity, date of expiration, instructions for and indications for use, warnings, risks, and incompatibilities with other products. All of this information should be written in the dominant/official language of the country in which the product is being sold! Furthermore, the price should be indicated in the currency of the country in which it is being sold, in a clear and public manner. It should also not only include the value of what one is purchasing, but also all relevant taxes that the consumer is required to pay. Finally, it is very important to detach any tips from a price if it is not obligatory and which the consumer can decide of their own accord to pay if it seems pertinent to him or her.
c) Good and equal treatment on the part of suppliers of goods and services (Arts. 47 y 48 RLDC). Suppliers have the obligation to extend bills and receipts in the sale of goods and/or services, which will serve the consumer as proof of purchase in the case that he or she must make a claim against the supplier.
d) Integral, accessible, complete and appropriate reparation for any harm suffered by the consumer due to a fault of the supplier (Art. 27 LDC and Arts. 49-54 RLDC). The supplier cannot deceive the consumer into buying something due to false information. Suppliers are required to fulfil their promises whether they are special offers, promotions, sale or propaganda, and they may not sell used items under the pretence that they are new. Furthermore, consumers have the right to exchange a product or to return it for its monetary value when it is not the exact product described by the supplier, if it is expired, or if it is damaged by no fault of the consumer.
e) Honor the demands of the consumer if a vendor does not fulfil its obligations in the form of promotions and sales. When a supplier offers two products for the price of one, or whatever greater quantity of a good for the same price, or when they offer a rebate for a certain product, they are having a sale, or promotion. Many times these promises are not fulfilled and they simply serve to deceive consumers when they are buying something. The law permits us to demand the fulfilment of these promises.
f) The adequate preservation of the environment that guarantees its conservation and development and flourishing of its natural resources. Suppliers must respect the environment when they manufacture or distribute their products.
g) To protect consumers in relation to their life, safety, and security for ones´ goods when they use overland transportation services, sea travel or air travel. When suppliers do not follow through with these obligations, they are required to compensate those who were affected. In the case of transportation, suppliers are required to guarantee the consumer’s physical safety, and security for their belongings. In the case that this obligation is not fulfilled, the consumer has the right to make a claim against the supplier.
Obligations of the State
a) Education for the consumer (Art. 11 LDC and 45 RLDC). The State is charged with the obligation to sponsor campaigns and other educational activities about product quality, their uses and risks that some products present to one’s health. Furthermore, the State should coordinate with the Minister of Education in order to introduce an obligatory educational program that would teach consumers about their rights as stipulated in Law 182.
b) Ensure access to the administrative or judicial bodies that serve to protect the rights and legitimate interests of consumers. The State should facilitate a space where consumers can present their claims and obtain a response of the sort that is required as stipulated by Law 182. These spaces should be equipped with sufficient resources in order that the people are able to go through the protocol correctly and without hindrance.
Obligations of the Consumer
Although Law 182 for Consumer Defense does not specifically specify obligations of the consumer, certainly when a consumer makes a claim against a supplier there are certain conditions the consumer must have fulfilled in order to make their claim. They are the following:
a) Make all payment on time.
b) Use the goods and services we buy appropriately.
c) Comply with the established norms of any service provided.
