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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