El quality seal for online stores eValue has prepared an exhaustive analysis of the most relevant changes introduced by the new Consumption Law. These changes have a profound impact on the eCommerce sector, reflecting the search for a balance between the rights of consumers and businesses, while promoting confidence in online transactions. Among the main modifications are the new ones obligations regarding pre-contractual information, the extended period for withdrawal, the regulation regarding the shipping costs and the customer's right to try the products before deciding to return them.
In this article, we will explore all the relevant aspects of Law 3/2014, which modifies the consolidated text of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007), as well as its impact on e-commerce in Spain. In addition, we will delve into how small and medium-sized businesses can adapt to this legal framework to remain competitive.
Main changes in the new Consumer Law that affect eCommerce
1. Obligations regarding pre-contractual information
One of the fundamental pillars of the regulations is the obligation to provide detailed information about products or services before closing a sale. From specifying essential features to ensuring transparency in prices, including all the costs associatedThis measure aims to help consumers make informed decisions.
- Detailed description of the product or service: This includes not only technical specifications, but also any limitations that may affect the use of the product.
- Price information: In the case of variable prices or additional costs, such as shipping or taxes, these must be clearly explained.
- Legal and commercial guarantees: The online store must provide information on warranty conditions, after-sales service and how to access them.
- Delivery times: Companies should commit to specific dates and provide details about delivery logistics.
In addition, the Obligation to provide the full identity of the seller, including their telephone number, physical address and email address. They must also confirm whether they are acting as a business or as an individual, being completely transparent in case consumer protection regulations do not apply.
2. Extended guarantees on withdrawal and returns
A significant novelty of this law is the Extension of the withdrawal period to 14 calendar days (previously it was 7 working days). This gives consumers more time to reflect on their purchase and decide whether they want to keep the product or return it. The entrepreneur, for his part, must guarantee the refund within a maximum of 14 days from receipt of the return.
However, if the seller does not explicitly inform the customer about this right, the withdrawal period can be extended up to one year. In addition to products, the right of withdrawal also covers certain digital services.
It is important to note that there are exceptions to the right of withdrawal, such as personalized, perishable or hygienic sealed products that have been unsealed. The complete list can be found in article 103 of the General Law for the Defense of Consumers and Users.
3. Rules on the use of the product before return
The new regulations recognize the Consumer right to try products as you would in a physical store, as long as this does not involve improper use. If the product shows signs of improper use, the consumer will be responsible for the decrease in its value.
For example, an appliance can be turned on to check its operation, but it should not be subjected to prolonged use. It is essential that retailers detail in their sales conditions what is considered a wrong use of the product.
4. Delivery guarantee and responsibility during transport
La Responsibility for delivery lies entirely with the seller until the consumer receives the product. This means that any damage or loss during transport will be the seller's responsibility, unless the consumer has hired a carrier at his own risk and expense.
This measure seeks to ensure that stores choose reliable carriers and prioritize the safety of product shipments.
5. Regulations on payment methods and surcharges
Online stores are prohibited charge additional surcharges for the use of certain payment methods, such as credit cards. This promotes fairness among available payment methods and improves the consumer experience.
6. Control and veracity of reviews
Product reviews are a powerful tool for eCommerce, but they have also been subject to abuse. Regulations require companies to ensure that published reviews on their websites come from verifiable customers. In addition, incentivizing positive reviews through payment or other benefits is prohibited.
Impact on small online stores
While the new regulations seek to protect consumers, they also pose challenges for small online stores. These companies will have to carry out significant investments to adapt its services and comply with legal requirements.
However, compliance with regulations can become a competitive advantage. Small stores can differentiate themselves from large marketplaces by prioritizing transparency, security and customer satisfaction. These measures also level the playing field by establishing uniform standards for all eCommerce businesses.
Adapting to change is not only a legal necessity, but also an opportunity to reinforce consumer confidence in digital commerce, which is vital for its sustainable growth. Despite the challenges involved, the effective implementation of these measures will position businesses as responsible, ethical and customer-oriented in an increasingly competitive sector.