CONSUMER PROTECTION

Shopping

All products sold must be suitable for the use for which they are intended. If found at fault one is entitled to an exchange or a full refund irrespective of whether goods were purchased at full or discounted price. Always keep a receipt (recibo) as a complaint will not be entertained without one. Make a complaint within 14 days or it can be dismissed. In addition, normal consumer protection laws exist for products and services where complaints should be made direct to a supplier or manufacturer.

Oficina Municipal de Informacion al Consumidor

The Ministry of Health and Consumer Affairs (Ministerio de Sanidad y Consume) has local offices called Oficina Municipal de Informacion al Consumidor or OMIC. OMIC offices are established in liaison with town halls. OMIC is not limited to basic consumer problems such as defective goods or incorrect prices. They can deal with broader issues relating to timeshare and property rentals. OMIC offices are helpful and make an effort to see action is taken. A serious complaint may be referred to the OMIC regional office in a regional capital. A business can be fined a substantial amount if a complaint is upheld.

Asociaciones de Amas de Casa

Housewife associations have both a watchdog and an educational role. These organisations generally require membership in order to benefit from their services. The main consumer organisation in Spain is the Organization de Consumidores y Usuarios (www.ocu.org). OCU runs a programme to inform tourists of their rights and publishes a magazine called Compra Maestra.

Serious complaints

A serious complaint concerning weights and measures can be directed to the Jefatura Provincial de Comercio Interior (Provincial Department of Internal Commerce). This office is responsible for correct weights, and checking that prices are within limits on controlled items and products are up to standard.

Exhausted all administrative channels? The ombudsman or Defender of the People is the last resort when justice has not been done. If going to the OMIC fails to bring the desired result, or if unjustly treated by any government agency, then try the Defensor del Pueblo, the regional ombudsman.

Other procedures

There are special complaints procedures for many organisations including utility companies, the post office, public transport companies, insurance companies and the public health service. Professional associations covering abogados, doctors and such like have their own complaint procedures. The best known is banking, for every Spanish bank has its own central Defensor del Cliente (Defender of the Customer), who will hear a complaint when no satisfaction has been obtained from a branch office.

Hoja de Reclamacion

All businesses are required by law to keep a complaints book or complaints forms (libros/hojas de reclamaciones), which must be produced on demand. Requesting a complaints form often results in a speedy and satisfactory outcome to a dispute as copies of all complaints must be forwarded to the authorities within 48 hours. The hoja de reclamacion comes in three copies. The business keeps one copy and the customer takes the other two, one to keep and the other to present at the local OMIC office if necessary. A business must respond to a client’s complaint within ten days. If it does not the consumer can take their case to the OMIC and the business can face a fine.

FURTHER INFORMATION

British Embassy and Consulate	www.ukinspain.com
Ayuntamiento	www. ayuntamiento de ... [name of town]
Schools	Minesterio de Educacion y Ciencia. Tel: 917 018 000 or www.mec.es
British Council	Tel: 913 373 500 or www.britishcouncil.es
Health system	UK Department of Health and Social Security. Tel: 0191 218 7777 or www.dwp.gov.uk Spain. Tel: INSULAD 900 166 563 or www.seg-social.es
Customs control	www.hmrc.gov.uk