Pro Consumer Law 21,398

LAW NO. 21,398 ESTABLISHES MEASURES TO ENCOURAGE THE PROTECTION OF CONSUMER RIGHTS

Bearing in mind that the H. National Congress has given its approval to the following Bill: "Article 1.- The following modifications are introduced in Law No. 19,496 , which establishes standards on the protection of consumer rights:

1. Inarticle 1 , number 3:

a) The following is added in the third paragraph, after the full stop, which becomes a full stop: "In the case of the sale of durable goods, the duration of the good under foreseeable conditions will also be considered basic commercial information. of use, including the period in which the supplier is obliged to have spare parts and technical service for its repair."

b) Incorporate the following new, fourth paragraph: "In the case of the provision of dispatch services, the supplier must clearly indicate, before the contract is concluded, the total cost and the time that said service takes."

2. Add the following newarticle 2 ter :

"Article 2 ter.- The rules contained in this law will always be interpreted in favor of consumers, in accordance with the pro-consumer principle, and, in a complementary manner, according to the rules contained in paragraph 4 of the Preliminary Title of the Civil Code .".

3. Inarticle 3 :

a) The following new letters g) and h) are incorporated into the second paragraph: "g) Always go before the competent court in accordance with the provisions established in this law. The supplier must inform the consumer of this right when entering into the contract and in the moment any controversy, complaint or claim arises. Any stipulation to the contrary constitutes a violation and will be considered unwritten. Only once the conflict has arisen, the parties may submit it to mediation, conciliation or arbitration. Suppliers must inform the nature of each of the mechanisms offered, which will be free and will only be initiated by the express will of the consumer, which must be stated in writing. A regulation issued by the Ministry of Economy, Development and Tourism will establish the rules that are necessary for the proper application of the mechanisms referred to in this paragraph. Financial and non-financial providers may freely subscribe to and offer the Dispute Resolution System provided for in articles 56 A et seq., which must be previously informed to the consumer. This System may be carried out by electronic means. h) The other rights established in the laws referring to consumer rights, especially those enshrined in Law No. 18,010, which establishes standards for credit operations and other monetary obligations that it indicates. The provisions of the second and following paragraphs of article 10 of the aforementioned law No. 18,010 will be applicable to the financial operations governed by this law, regardless of the amount of capital owed.

b) A third, new paragraph is incorporated, with the following wording: "Likewise, the rights of every consumer are those enshrined in laws, regulations and other regulations that contain provisions relating to the protection of their rights."

4. Inarticle 3 bis : a) Incorporate in its heading, between the expressions "to the contract" and "within the term", the following: ", without expression of cause,". b) Replace letter b) with the following: "b) In contracts concluded by electronic means, and in those in which an offer made through catalogs, notices or any other form of distance communication is accepted. Only in the In the case of contracting services, the supplier may provide otherwise , and must inform the consumer about said exclusion, in an unequivocal, prominent and easily accessible manner, prior to signing the contract and paying the price of the service . or products, exceptionally, this right cannot be exercised in the case of goods that, due to their nature, cannot be returned or may deteriorate or expire quickly, or have been made in accordance with the consumer's specifications, or are goods of personal use. Suppliers must inform the consumer of the existence of the right referred to in this article, in an unequivocal, prominent and easily accessible manner, prior to signing the contract and paying the price of the product, and, in the event that appropriate, its exclusion. A regulation issued through the Ministry of Economy, Development and Tourism will regulate the form and conditions in which the supplier must communicate the exclusion of the right of withdrawal when applicable, as well as the goods in which such exclusion will exceptionally and due to their nature. To unilaterally terminate the contract in accordance with this article, the consumer may use the same means that he used to conclude the contract. In this case, the period to exercise the right of withdrawal will be counted from the date of receipt of the good or from the conclusion of the contract in the case of services, provided that the supplier has complied with the obligation to send the written confirmation indicated in the article 12 A. If not, the period will be extended to ninety days. The right of withdrawal may not be exercised when the good that has been the subject of the contract has deteriorated due to an event attributable to the consumer." c) The following new letter c) is incorporated: "c) In face-to-face purchases in which the consumer "He did not have direct access to the property."

5. Insert the following newarticle 3 quater : "Article 3 quater.- Higher education establishments, professional and technical training institutes must grant free certificates of study, grades, debt status or other similar certificates, upon request of the student, former student or of those who have suspended their studies or are in default at the respective educational institution. Said certificates may be requested up to two times in one year and must be issued within a period of ten business days from the presentation of the the respective request. The issuance of the aforementioned certificates may be carried out through electronic means and must be on paper in cases where the establishment does not have electronic means or it is expressly requested."

6. Insert the following newarticle 12 C : "Article 12 C.- Suppliers of new motor vehicles must inform the consumer, in a clear and unequivocal manner, before the perfection of the contract of sale or lease with purchase option, those Mandatory demands justified to keep the vehicle's voluntary warranty in force. In the event that mandatory maintenance is required, a list of all of these must be reported, including their estimated values, as well as a list of all workshops or technical service establishments. authorized centers where such maintenance can be carried out. Manufacturers, importers and suppliers of new motor vehicles may not limit the free choice of technical services intended for the maintenance of the property, except in the case of maintenance that, due to its justified specific technical characteristics, must be carried out by expressly authorized workshops or technical service establishments. The supplier must provide the consumer with another vehicle with similar characteristics for the duration of the repair of a motor vehicle, when the exercise of the legal or voluntary guarantee entails depriving it of its use for a period of more than five business days.

7. Insert the following newarticle 15 bis : "Article 15 bis.- The provisions contained in articles 2 bis letter b), 58 and 58 bis will be applicable with respect to the personal data of consumers, within the framework of relationships of consumption, unless the powers contained in said articles are within the scope of the legal powers of another body."

8. Inarticle 16 : a) Replace the expression ", and" at the end of letter f) with a semicolon. b) Replace the final period in letter g) with the expression ", and". c) Add the following letter h): "h) Limit the means through which consumers can exercise their rights, in accordance with the laws." d) The second and third paragraphs are eliminated.

9. The following newarticle 16 C is added: "Article 16 C.- The ambiguous clauses of the adhesion contracts will be interpreted in favor of the consumer. When there are clauses that contradict each other, the clause or part of it that is most favorable will prevail. to the consumer.".

10. Inarticle 17 :

a) Add to the first paragraph, after the point that follows the word "lexicon", the following sentence: "Likewise, the contracts referred to in this article must be adapted in order to guarantee their understanding for people with disabilities. visual or auditory."

b) Add the following final paragraph: "The adhesion contracts must be provided by the suppliers of products and services to the competent supervisory body."

11. Inarticle 17 A :

a) Incorporate after the final period, which becomes a full stop, the following sentence: "These suppliers must also inform, in simple terms, the physical and technological means through which consumers will be able to exercise their rights and the form of termination of the contract, when applicable, as established therein and in the applicable regulations."

b) Add the following second and third paragraphs: "In the event that the suppliers of goods and services fail to comply with the provisions of the previous paragraph, the consumer will only be obliged to what he was informed of in the adhesion contract at the time of accepting the terms and conditions of the contracted goods or services. At the time of the conclusion of the contract, they must inform the mechanisms and conditions so that the consumer can terminate it. Suppliers may not condition the term of the contract to the payment of amounts owed or to refunds. of goods and, in no case, establish conditions more burdensome than those required for its conclusion. Any agreement to the contrary will be considered unwritten. The foregoing will be understood without prejudice to the provisions of the eighth paragraph of article 17 D on products or services. financial, in relation to the amount that must be paid to terminate the contract early.

12. Inarticle 17 D :

a) The following text is added in the eighth paragraph, after the full stop, which becomes a full stop: "Without prejudice to the foregoing, consumers may request, without giving cause, the permanent blocking of cards. of payment referred to in article 1 of law No. 20,009, by notice through the communication channels or services established in article 2 of the aforementioned law. After the permanent block, the provider will not be able to collect the administration, operation and/or maintenance costs.

b) Replace in the ninth paragraph the sentence "Likewise, suppliers will be obliged to deliver, within a period of five business days, to consumers who request it, the certificates and background information that are necessary to renegotiate the credits they had contracted with said entity." by the following: "Likewise, suppliers must deliver to consumers who request it, within the deadlines indicated in the second paragraph, the certificates and background information that are necessary to renegotiate credits of any kind. In case of non-compliance with the aforementioned obligation within the aforementioned period, the debt will not generate interest or readjustments of any kind until such delivery is verified by the supplier. In the event of collection of interest or undue readjustments, these must be returned within a period of five days from the date of payment. "At the time of collection. Otherwise, the consumer may resort to the Financial Market Commission in order to request reimbursement of interest and adjustments incorrectly collected, as well as the collection of the cost for term or advance payment."

13. Inarticle 17 H , replace its final paragraph with the following new fourth, fifth and sixth paragraphs: "The provider of financial products or services may not restrict or condition that the purchase of consumer goods or services be carried out exclusively with a means of payment managed or operated by the same provider, by a related company or by a company supporting the business. Likewise, you may not offer discounts associated exclusively with a means of payment managed or operated by the same provider or by a related company, when access to said discount is conditional on the execution of a money credit operation in more than one installment. In addition, when these suppliers offer discounts associated exclusively with the aforementioned means of payment, they must previously inform the consumer of the total cost of the credit, in the event that the latter freely opts for said credit alternative in more than one installment. Additionally, the cash price of the good or service in question must be expressed in all types of advertising, in equal size, visibility and contrast. or greater than the price of the offer or promotion referred to in the previous paragraph."

14. Incorporate the following newarticle 17 N : "Article 17 N.- Before carrying out a money credit operation, suppliers must analyze the economic solvency of the consumer in order to fulfill the obligations that arise from it, especially the base of sufficient information obtained through official means intended for this purpose, and must inform the consumer of the result of said analysis. Likewise, the supplier must provide the consumer with specific information on the operation in question. However, in the institutions of higher education, the execution of money credit operation contracts may not be offered, which are not related to the financing of contracts for the provision of educational services. Suppliers who fail to comply with the provisions of the previous paragraph will be sanctioned in accordance with the provisions of Article 17 K. A regulation issued by the Ministry of Economy, Development and Tourism, also signed by the Minister of Finance, will determine the form and conditions that must be observed to comply with the preceding obligations.

15. Inarticle 20 :

a) Replace the heading of the first paragraph with the following: "Article 20.- In the cases indicated below, the consumer has the inalienable right to choose, at his discretion, between free repair of the property or, after restitution, its replacement or the return of the amount paid, without prejudice to compensation for damages caused. This right must be communicated by the provider of the product or service in each of its premises, stores, websites or others:".

b) Insert in letter e), after the point and followed, the following sentence: "Without prejudice to the above, it will not be necessary to make effective the guarantees granted by the supplier to exercise the right established in this article."

16. Inarticle 21 :

a) In the first paragraph, replace the word "three" with "six." b) Add in the second paragraph, after the point and followed, the following sentence: "In the event that, once the repair service has been provided, the deficiencies remain that make the good unfit for the use or consumption referred to in the letter c) of the aforementioned article, the consumer may choose between its replacement or the refund of the amount paid."

c) Replace the eighth and ninth paragraphs with the following: "The consumer may choose to exercise the guarantee or the rights established in articles 19 and 20, of his or her free choice. The period contemplated in the guarantee policy granted by the supplier and The one referred to in the first paragraph of this article will be suspended during the time in which any of the guarantees are being exercised. The guarantee granted by the supplier will not affect the exercise of the consumer rights established in articles 19 and 20, regarding of the goods covered by it. The supplier will be prevented from offering consumers the contracting of products, services or policies whose coverage corresponds to obligations that the supplier must assume in accordance with the guarantee established by law."

17. Add the followingarticle 23 bis : "Article 23 bis.- In the event of denied boarding due to overselling of air tickets, suppliers must inform consumers in writing, at the same time of the denial and before adopting a measure. compensatory:

a) The rights of the passenger affected by the denial and the objective reasons that justify the adoption of said measure.

b) The indemnifications, compensations and mitigations established by law for such purposes and the way in which the supplier will comply with these duties.

c) The complaints and claims mechanisms available to consumers regarding breaches of these duties, before the company and before the National Consumer Service, as well as the competent courts where the corresponding legal actions can be exercised.

d) Fines for violations of this provision.

e) All those measures and rights that suppliers consider appropriate and appropriate to inform. In the event that the consumer opts for the restitution of the money, or if fines or compensation must be paid, payment will be made as expeditiously as possible, within a maximum period of ten business days from the denial of boarding. The consumer will always have the option of receiving said amounts at least in cash or by electronic bank transfer."

18. The following final paragraph is incorporated intoarticle 25 : "Likewise, the provider must identify in the payment receipts for these services the time of the suspension, stoppage or non-provision of the service."

19. Inarticle 27 , replace the word "readjusted" with the following text: "returned with readjustment and current interest on the effective day of restitution. Said readjustment will be calculated."

20. Replace the heading of the first paragraph ofarticle 37 with the following: "Article 37.- In every consumer transaction in which direct credit is granted to the consumer, the supplier must inform in a timely manner, in a clear and understandable manner, the following:" .
Article 2.- The following modifications are introduced in Law No. 18,916 , which approves the Aeronautical Code:

1. Replace the final paragraph of article 131 with the following: "The carrier, its authorized agents and the operators of aerodromes and airports will be obliged to inform passengers of the rights established by this Title, in accordance with the conditions established by the Board. of Civil Aeronautics, after consulting the National Consumer Service. The above will be understood without prejudice to the fact that the carrier will be obliged to make information brochures available to passengers specifying their rights, in a visible place in the ticket sales offices. and at airport counters.

2. Replace number 2 of article 133 with the following: "2.- Without prejudice to the above, the carrier must offer compensation to the passenger affected by the denied boarding, the amount of which will be determined in accordance with the following table:

The passenger who accepts these compensations may not subsequently take action against the carrier for the same fact, without prejudice to the infractions and compensation established in Law No. 19,496, which establishes standards for the protection of consumer rights.

3. In article 133 A : a) Replace letter a) with the following: "a) Communications that the passenger needs to make, whether telephone, electronic or of a similar nature, if the difference between the scheduled departure time for the flight initially booked and the new departure time is greater than one hour." b) Replace letter b) with the following: "b) Meals and refreshments equivalent to at least 0.5 units of development when the time elapsed between the scheduled departure time for the initially booked flight and the new departure time is equal to or greater than two hours. Once the previous period has expired, the passenger will have the right to a new benefit, and for the same value, each time three additional hours of waiting elapse. The benefits referred to in this letter must be delivered within of each corresponding period, so they will not be cumulative, and will not be applicable while the passenger is not in person at the airport, or the services indicated in letter c) operate.

4. In article 133 B , replace the second paragraph of numeral ii) of letter c) with the following: "Any change in the itinerary, due to advance, delay or cancellation of the flight, must be informed to the passenger by the carrier through written communication by the most expeditious means possible, indicating the cause of the change. For the purposes of this communication and others that may be necessary, the carrier must request the passenger, directly or through its authorized agents, for their contact information. , such as address, telephone and email.".

5. Replace article 133 C with the following: "Article 133 C.- If the trip is not verified, either for reasons attributable to the carrier, the passenger or for reasons of security or supervening force majeure, the fees, charges or aeronautical rights that the passenger has paid must be returned by the carrier, with or without a request from the passenger, within a period of ten days, through the same means used to pay the ticket. However, if they have not been has been able to materialize said restitution or if payment in cash has been verified, the carrier must contact the passenger so that he can indicate the means to make the restitution, contact that must be made within a maximum period of ten days from when it should have been verified. the trip. Said refund must be made within a maximum period of ten days from when the passenger provides the operator with the necessary information for these purposes. In case of unjustified delay, said refund will be recharged by 50 percent in favor of the passenger every thirty days. Once the first period of thirty days has expired without verifying the refund to the passenger, the latter may choose to demand the refund from the authorized agent who made the sale, or persist with the refund and surcharges in accordance with the preceding paragraph. The foregoing shall be understood without prejudice to the right of the authorized agent to appeal against the carrier, when applicable."

6. Insert the following articles 133 H, 133 I and 133 J: " Article 133 H.- In the cases of national air transport or cabotage services that are divided into sections and/or round trips, the no. use of any of the fractions may not motivate the denial or condition the use of the rest of the fractions, if the passenger shows up in a timely manner for check-in and boarding. Article 133 I.- The carrier must take the necessary measures so that children under the age of 14 years old travel in seats next to those of at least one adult in their family or an adult included in the same reservation. Article 133 J.- The scheduled date for a trip may be modified, or a refund of the amount paid may be requested, if the passenger proves, through a medical certificate, that he is prevented from traveling. The medical certificate must indicate the reason for the impediment and the period or dates between which he is prevented from traveling by plane. The passenger must notify the carrier before the scheduled flight time and present the medical certificate within twenty-four hours of the notification. Alternatively, the passenger may choose to request a refund of the amount paid, within a period of thirty days from the scheduled date of the original trip. If the change is made for a higher value ticket, the passenger must pay the difference. The new travel date may be set for a period of up to one year from the scheduled date of the original trip. The right referred to in this article may also be invoked by the spouse or civil partner, parents and children of the passenger, provided they are included in the same reservation. The improper use or falsification of said medical certificate will be punished in accordance with the provisions of article 202 of the Penal Code."

7. The following final paragraph is added to article 134 : "In the case of transporting animals, the transporter must establish conditions that reasonably ensure their safety and well-being."

Article 3.- Replace in the third paragraph of article 10 of Law No. 18,010 , which establishes standards for credit operations and other monetary obligations that it indicates, the figure "20%" with "10%".
Article 4.- The following modifications are introduced into the Law on Sales and Services Tax, contained in Decree Law No. 825 of 1974 : 1. Replace the phrase "three months" in No. 2 of Article 21. , both times it appears, for "six months." 2. In the second paragraph of article 70 , the phrase "three months" is replaced by "six months".

TRANSITIONAL ITEMS

Article one.- The obligation regarding basic commercial information related to the duration of the good in foreseeable conditions of use, established in letter a) of numeral 1 of article 1 of this law, will be required once eight months have elapsed from the publication of this law. law in the Official Gazette.

Second article.- The obligation of carriers to inform passengers of their rights, in accordance with the provisions of number 1 of article 2 of this law, will be enforceable once two months have elapsed since its publication in the Official Gazette.

Third article.- The regulations referred to in paragraphs 3, letter a); 4, letter b), and 14 of article 1 of this law, must be issued four months after its publication in the Official Gazette.

Article four.- The obligations imposed on suppliers of new motor vehicles by article 12 C, which is incorporated in law No. 19,496, which establishes standards on the protection of consumer rights, will be enforceable after four months from the publication of this law in the Official Gazette.

Article five.- The modifications incorporated by letter a) of No. 16 of article 1 and by article 4 will come into force after the period of three months counted from the date of publication of this law in the Official Gazette. "And because I have seen fit to approve and sanction it; therefore, let it be promulgated and carried into effect as a Law of the Republic.

Santiago, December 13, 2021.- SEBASTIÁN PIÑERA ECHENIQUE, President of the Republic.- Lucas Palacios Covarrubias, Minister of Economy, Development and Tourism.- Rodrigo Cerda Norambuena, Minister of Finance.- Gloria Hutt Hesse, Minister of Transport and Telecommunications .

FREQUENT QUESTIONS:

What happens if I want to return a product because I don't like it, I regret it, or I don't want it anymore?
The legal guarantee can only be exercised when the products have defects that prevent their normal use, and not due to problems of personal taste, size or other reasons.

What is the right to Legal Guarantee?
It is a right that applies when you buy a new product that is defective, is missing pieces or parts, is not suitable for the use for which it was intended, that was previously fixed, but its deficiencies persist or presents new failures, among other situations mentioned in the Consumer Law.

If you bought a new product and it was defective, you can choose between 3 alternatives in a period of 6 months:

Money back.
Product change.
Free repair.

How do you demand it in a store?
Step 1: Bring and present the receipt proving your purchase or proof of payment. (Example bank voucher, credit card statement, exchange receipt.)
Step 2: Bring, along with the receipt, the product that turned out bad.
Step 3: Present the ticket and the bad product to a seller and tell the situation, so that the seller can do his job and indicate which of the 3 options you choose.
Remember that the legal guarantee is NOT valid when you did not like the product or the size of a garment did not fit.

Does the legal guarantee apply in liquidations?
To exercise the 6x3 rights, companies must offer the same conditions as when they sold the product, for example: they cannot limit the number or type of branches or the opening hours to exercise the right to legal guarantee.

Companies cannot put up barriers when wanting to use the guarantee, such as conditioning the exercise of the 6x3 to the review, analysis and definition of a certain technical service.

The legal guarantee also applies to products purchased at a sale. Just because they buy cheaper does not mean that consumers have fewer rights.

However, in the case of a purchase where the company previously informs that the products are "second selection", "made with used materials" or other equivalents, the right to legal guarantee will not apply.

What products do not have the right to exchange and return?
Only second selection or used products, as long as you have been warned before purchasing.
In products with offers or promotions, signs or tickets that say no exchange or return are not valid.

Can companies require the original boxes and packaging to enforce the Legal Guarantee?
Companies cannot condition or impose a requirement on the consumer to return the original packaging of a new product that fails, much less charge an amount of money in case the consumer does not have the boxes or others.

It is important to keep in mind that neither companies nor consumers should confuse the exercise of the right to legal guarantee with the right of withdrawal. The latter is a consumer right that applies to purchases made through the Internet or any other remote electronic means, where people may regret purchasing a product, but it must not have been used and must be returned with the original packaging in good condition, user manuals, warranty certificates, among others, or, in its effect, restore the respective value.

The period to exercise the Right of Withdrawal is 10 days from receipt of the product or contracting the service, and 90 days if the company has not sent confirmation of the purchase to the consumer with a full, clear and legible copy of the contract.

This right to regret the purchase that consumers have for remote electronic purchases will not be enforceable when companies expressly inform that they do not adhere to the right of withdrawal.

Right of withdrawal
As long as the company does not inform otherwise, the Law grants the right of withdrawal, which implies repentance within 10 days from when you contracted the service or received the product, and in the latter case, before it has been used. It is also the company's obligation to send written confirmation of the contract. If this is not the case and the right to withdrawal exists, the withdrawal period is extended to 90 days. The consumer has the same rights as in any other type of purchase, for example, to be informed of the price, to respect what is offered and the same rights regarding legal guarantees, among others.

On March 24, 2022, the Electronic Commerce Regulations came into force, where consumers who use this purchasing channel have the right to be informed of a series of relevant aspects before making the purchase.

As a complement, the regulations establish the requirement for companies to report on the existence or not of the right of withdrawal, in accordance with the Law.

The withdrawal implies that people can regret electronic, telephone or catalog purchases within 10 days after receiving the product or contracting the service. This right also extends to in-person purchases in which the consumer did not have direct access to the product.

In the case of having direct access to the product, there is no right of withdrawal.