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Consumer Rights

Do you understand your consumer rights under Spanish law? What happens if you have bought a product from a shop, paid for a specific service, for example building work, or had something installed at your property and you are unhappy with the service that has been provided? What recourse do you have as a consumer?

Firstly the matter should be raised with the service provider, whether they are a shopkeeper, a builder, a solicitor, or indeed any other service provider. If the matter is not dealt with to your satisfaction, the next step would be to take advice from the local ‘Oficina Municipal de Informacion al Consumidor’, known as ‘OMIC’.

Every municipality in Spain has an ‘OMIC’ which is a public office dedicated to informing you, the consumer, of your rights. It is normal practice that the local ‘OMIC’ office is run under the control of the local council of the municipality. The service and assistance are free and, more often than not, acting upon their advice is all that is needed to resolve any issue. This is largely because business owners are aware of the powers that the ‘OMIC’ has under Spanish consumer law and are anxious to avoid a long and protracted cases against them, which may well result in a hefty fine.

Every businesses must display a notice advising their customers that a complaints book (libro de reclamaciones) is available should a problem occur. On request they are obliged give you an official complaint form to complete, part of which is kept by you, with a copy being sent to the local ‘OMIC’. The consumers' office will then investigate your complaint.

If the matter is not swiftly and amicably resolved, you still have recourse through the justice system, in which case you will need to employ the services of a solicitor.

Many problems arise as a result of informal, verbal agreements, which can make it somewhat difficult for the consumers’ office to assist if the service falls short of what has been agreed. With this in mind, it is always a good idea to have any agreements in writing, keep hold of any receipts or paperwork pertaining to the agreement, so that the consumers’ office may advise on the best course of action.

Frequently Asked Questions

What does the ‘OMIC’ do?

The ‘OMIC’ provides free advice on the rights of the consumer, in the purchase of goods and the use of services and receives consumer complaints and claims and mediates between parties concerned.

Who can use the ‘OMIC’?

The ‘OMIC’ will advise anyone who has bought a product or service for their own purposes. They will also advise anyone of their consumer rights in general terms.

When can the ‘OMIC’ not get involved?

The ‘OMIC’ cannot investigate claims against a Public Administration, i.e. a Notary’s Office, nor can they become involved if legal action has already been commenced.

How do I arrange a consultation, make a complaint or a claim?

Either in person at the local office or by letter, fax or email.

The ‘OMIC’ will not hold a consultation; accept complaints or claims over the telephone.

How do I locate my nearest Consumers’ Office?

A full list of the consumers’ offices, in the Province of Granada, can be found here.

 
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