The Superintendence of Industry and Commerce, through the Consumer Statute, regulated the rights and duties of merchants in consumer relations. One of those is the duty to inform of and comply with the consumer’s right of withdrawal when making a purchase by e-commerce.
The right of withdrawal is an option that the consumer has to revert a purchase, but that power is only doable if the purchase is made by non-traditional methods or remotely, as in electronic commerce, teleshopping or catalog sales, as well as sales financed by the establishment itself or in timeshare sales. The objective of this right is that the consumer, upon receiving the product, can decide if they are satisfied with what has been received if not they may regret the purchase without having to explain themselves to the merchant. In conclusion, it is the ability to exercise the right of protection of freedom of choice, as it is not the same going to the establishment and choose the product, than to choose it through an image.
To exercise this right, the consumer has 5 working days from the receipt of the product or the conclusion of the contract. Upon resolution of the contract, the consumer has the obligation to return the product to the merchant by the same means and in the same conditions in which it was received, assuming the respective shipping costs and the merchant must issue a full refund. Failure to return the funds or if the merchant refuses to recognize the consumer’s right of withdrawal, the Superintendence of Industry and Commerce, following due investigation, may impose fines of up to 2,000 current legal monthly minimum wages.
At Pinzón Pinzón & Asociados we can advise you on the implementation of the requirements brought by the different regulatory provisions on the right of withdrawal, payment reversal and all the duties of merchants when marketing their products through e-commerce.
BY:
LILIAN FRANCO
PINZÓN PINZÓN & ASOCIADOS
