When we make purchases We have rightsand obligations as consumers that are maintained at all times, at any time of the year, during special offers and regardless of whether the purchase is online or in a physical store; These are regulated under Royal Legislative Decree 1/2007, of November 16 and they are unchangeable.
Electronic commerce has developed over the years, but in our country it reached the equivalent to five years of growth in ten weeks. According to a report by the Bank of Spain, in 2018 there were more than one million frauds with cards issued in Spain and of the total, 64% of the frauds were related to remote operations.
Some precautions that can be taken before making an online purchase could save us a lot of headaches and are quite simple. Starting by ensuring that the web is safe and not a possible scam proving, firstly, that you have a physical address, a company name and the NIF of the business; In addition, there is an active customer service that can be called to verify that it exists. With a search we can also find opinions of users who have made purchases, a very effective way to ensure that the store has not committed fraud before.
It is important that the website where we make the purchase have a domain that starts with “https” because in this way our data is treated through a security encryption. Whenever possible we should use a secure Wi-Fi network, so it should be avoid making purchases connected to public networks, since “they are a favorable way to be victims of data theft”, assures the legal services company Legálitas. In addition, we must take into account the location of the social domain of the online store, since if the website is foreign, the claim will surely be slower and more complicated.
From the HelpMyCash financial product comparator they recommend that we be informed about the type of security our card has and they recall that this year, “the security of electronic payments will be reinforced thanks to the implementation of the double authentication system of the PSD2 directive.” So now it will be necessary «combine two of three security elements», Such as the pin or password with a message code to the mobile, the card or the DNI and also your fingerprint, the iris, or your voice. Some banks have gone ahead (the deadline to implement double authentication is in December) so many users already have this extra security to avoid being scammed this Black Friday.
“Advertising is binding”, they recall from the legal company. That is why they recommend always save “All vouchers in which the offer is indicated”, regardless of the format (brochures, SMS messages, emails or images indicating the discount), in this way the “announced conditions” can always be consulted.
All purchase conditions, return deadlines and shipping costs must appear on the website, in a “clear and understandable” way. The return expense policies should also be taken into account, the consumer should only bear these costs if they have been previously informed of the purchase and have accepted them.
After making all the purchases and as with the advertising, all the vouchers and proof of purchase until the warranty expires. Any format is valid «from the screenshot with the summary of the operation, the confirmation email received in your personal email, proof of payment, delivery note and invoices».
The consumers they always have 14 calendar days since they receive the purchase to be able to return it if they changed their mind without having any expense or penalty “as long as the item is returned without impairment, although it may be unpacked and of course, without having to state any reason,” they explain from Lagálitas.
How to make a claim
Should be left written record immediatelyafter any incident that may have occurred either on the company’s website (in the customer service section and email addresses enabled to make claims) or via physical mail addressed to the company’s registered office.
If results are not achieved in this way, the legal services company advises direct a complaint to consumer organizations. If the purchase was made in Spain, you can go to the Municipal Consumer Information Office, Consumer Arbitration Boards, General Directorate of Consumption of the Autonomous Community. If the company is foreign, but European, they should contact the European Consumer Information Center.
If the company is not Spanish and does not belong to any member country of the European Union “the claim will be more complex, and must be addressed to the administrative bodies or courts of the country where the business is located.”