Why is it necessary to request a purchase slip?
The purchase ticket allows you to exercise the legal guarantee, that is, the right that when a new product turns out bad, it can be exchanged, repaired or money recovered.
To make this right effective, the consumer must present the ticket or invoice, or any other document that proves the purchase, such as a credit card voucher or account statement if he is a customer of the multistore.
What to do if what I was sold turned out to be not what was promised or was defective?
Depending on the service or good you purchased, you can request:
- Your money back.
- The replacement of the item.
- Your free repair or exchange for another good or service.
You have a period of three months from when you purchased the product to claim and request compensation from the seller, importer or manufacturer, as long as it is not due to a fault that has been caused by you (due to carelessness or misuse). Food or perishable products are guaranteed for the term indicated on the container or a maximum of 7 days. This is an automatic guarantee that the law gives you . If you bought with a warranty policy, the one that extends for the longest time will apply.
What to do in the event of a breach of contract?
Both companies and consumers must respect what is agreed in the contracts and one of the parties cannot change it without the consent of the other.
Remember also that everything that is promised in advertising becomes part of the contract as if it were written.
However, contracts may not contain abusive clauses, such as those in which the company disclaims its responsibility for breaches in advance. Nor does it contain clauses in which one of the parties can change the conditions.
Contracts that include blank spaces that have not been filled in or unused before signing are not valid.
To find out your rights and how to exercise them, call 800 700 100. You can submit your questions and complaints at https://www.sernac.cl
Can I retract a purchase or service purchased?
Only when you have made an online purchase or when the seller has summoned you to a meeting and signed the contract at the same time (for example, at timeshare sales events), can you unilaterally terminate the contract for up to ten days after you signed it or since you received the product.
Is there still the fine print in contracts?
No, the Consumer Law requires that all contracts must be written clearly and legibly and the font cannot be smaller than 2.5 millimeters (font size 12). The clauses that do not comply with this rule will be without effect.
Can a store not display its prices?
No, all prices must be visible and you cannot be charged a higher price than what is advertised.
Can a store refuse to sell something that is on display?
No, you cannot refuse to sell something that is in the window on the grounds that it is the last thing you have left and that you cannot take the set apart. If the product is offered and advertised, it is the store’s obligation to sell it. If the item is part of the ornamentation, it must be clearly stated that it is not for sale.
What does the law say about misleading advertising?
The Consumer Law sanctions advertising that leads to error or deception about the characteristics of the good or service it promotes and establishes that the advertisements must be verifiable.
The company commits an infringement that induces error or deception regarding:
- The components of the product and their percentage.
- The suitability of the good or service for the purposes it is intended to satisfy.
- The relevant characteristics of the good or service.
- The price of the good or service and its method of payment.
- The conditions of the guarantee.
- Its condition of not causing harm to the environment or quality of life and being recyclable and reusable.
For example, a product that promises to lose weight in a week and turns out not to be like that or a real estate that offers green areas, playgrounds and a gym that does not deliver any of that.
Anyone who engages in misleading advertising will receive a fine of between 50 and 750 UTM. If the effects of this deception lead to damage to the environment, the fine will be 1,000 UTM. The judge can double the fine in case of repeated offenses.
How to report a store or company?
If you require guidance regarding any consumer issue, you can go to the SERNAC Facilita channels : www.sernac.cl ; Phone Consultation 800 700 100 or the communal offices of SERNAC Facilita Municipality.
SERNAC can act as a mediator seeking an out-of-court solution to your problem. This is an absolutely free procedure.
If there are more people in the same situation, can we act together or does each claim separately?
The Consumer Law allows 50 or more consumers affected by the same problem to file a class action. It can also be filed by a Consumer Association or SERNAC.
What is the maximum term to make a claim?
You have up to six months to report any event that may be considered a violation of the Consumer Law .
What are the penalties for poor service?
Anyone who violates the Consumer Law is generally exposed to a fine of up to 50 UTM.
However, if there is an unjustified suspension of services such as cable TV or broadband Internet, the fine will be up to 150 UTM. In the case of services such as drinking water, gas, electricity or telephone, the fine will be up to 300 UTM. In addition, you cannot charge for the time the service was not provided.
To find out your rights and how to exercise them, you can call the SERNAC Consultation Phone 800 700 100 or submit your claims at www.sernac.cl or at the office of your commune in SERNAC Facilita Municipio.
What obligations does the credit provider have in the face of non-compliance with the payment of installments by the client?
The credit provider must inform the client from the moment he signs the credit about the effects of non-payment. You must also communicate about the procedural effects of the exercise of executive action in the appropriate cases, such as the seizure, withdrawal and auction of assets, among others.
What standard must extrajudicial collection companies comply with?
Companies and credit providers that carry out the collection processes before starting the procedures must inform the debtor of the following:
- Identify the person, company or provider of the loan, as appropriate. That is, clarify on behalf of who the collection management is done.
- Precise mention of the contract (s), their date of subscription, the date on which the obligation owed should have been paid or the one in which the default was incurred and the amount owed.
- You must inform yourself about the settlement of interests, if any, with express, clear and precise mention of the rates applied, the interest rate and the period on which they are charged.
- If there are collection costs or expenses, their amount, cause and origin must be clearly mentioned in accordance with the law, as well as taxes, notarial expenses, if any, and any other legal charge.
- Inform about the options offered to pay or the payment methods that are offered.
- Inform about the rights that the debtor has in matters of extrajudicial collection.
