The purpose of the Consumer Statute is to regulate consumer relations, as well as the quality, suitability and safety of all kinds of products, understood as all goods and/or services that are marketed by any means, including electronic commerce.
Consumer relations are composed of: i. Producers, who design, manufacture, produce and import the products to Colombia; ii. Suppliers, who offer, supply, distribute or market the product; and iii. The Consumer, who, as the final recipient, acquires a product for the satisfaction of an own, private, family and/or business need, when the latter is not intrinsically linked to its economic activity.
According to the Superintendence of Industry and Commerce, the expression “intrinsically linked to the economic activity” means that: i. The product is incorporated into a productive process; ii. That it is later transformed and introduced in the market; and/or iii. That is later introduced in the market without being transformed or incorporated into a production process.
Thus, whoever buys a product to satisfy a personal or family need is a consumer under the Statute. On the other hand, if the product is acquired to meet a business need, there will no longer be a consumer relationship and, therefore, any claim that may exist on that product cannot be exercised through the provisions of the Consumer Statute.
In this sense, it must be understood that, in a consumer relationship, there is an obligation to be accountable to the consumer for the effectiveness of the product warranty. This responsibility is shared between the producer and supplier, to avoid a claim or, in the worst case, a legal action before the Superintendence of Industry and Commerce, which would involve fines of up to 2,000 legal minimum monthly wages.
If you wish to learn about the Rights and Obligations that all businesses and consumers have, to enforce their rights within the framework of consumer relations, the Competition Law and Consumer Rights Unit at Pinzón Pinzón & Asociados will be ready to guide and provide you with all the information and training necessary to fully exercise and comply with the regulation.
PINZÓN PINZÓN & ASOCIADOS