Law 13/2013, of June 13, effective competition and consumer protection since the General Council at its session of 13 June 2013 has approved the following: law 13/2013, of June 13, effective competition and consumer protection reason the article 35 of the Constitution of the Principality of Andorra provides that the guarantee law and the public authorities will defend the rights of consumers and users as well as the article 28 recognizes the freedom of enterprise in the framework of the market economy in accordance with the law. At the same time, article 32 of the basic regulation gives the State the opportunity to take part in the planning of the economic system, within the framework of the market economy, to contribute to the general well-being of society. In accordance with these three constitutional mandates, the adoption of this law aims to improve the conditions of protection for consumers and users and efficiency in the market with the ultimate aim of having a system that, without unnecessary intervention in the free business decision making, enable to have a legal instrument to protect consumers and ensure the smooth functioning of different processes on the market.
Given that nowadays exist in the Principality of Andorra has a limited regulations in relation to certain practices contrary to the announced purposes and taking into account the existence of similar rules in most developed countries, it has chosen to enact the adoption of a legal text that regulates the materials related to the competition and the protection of the interests of consumers. Thus, the matters included in this law are three: the defence of competition, unfair competition and the protection of the consumer.
First, in the area of competition, this law aims to ensure that companies operate independently on the market and subjected to the competitive pressure exerted on the other one.
Secondly, in the area of unfair competition, this law aims to limit the unfair and dishonest practices in the industrial and commercial sector.
Thirdly, in the area of consumer protection, this law aims to modernise the existing rules in the Principality of Andorra with the aim to guarantee to the citizens the access to goods and services efficiently.
Finally, this law provides for administrative and judicial mechanisms aimed, on the one hand, to ensure that anticompetitive behaviour harmed by unfair, or contrary to the basic rights of consumers to be able to enjoy a full and effective protection of their rights including the corresponding compensation for the damages they have suffered. On the other hand, the aim is to ensure that serious cases, which affected the public interest, the State agencies have sufficient mechanisms to punish violators.
The final part of this law establishes the repeal of the law on consumer protection, 31 July 1985, and of the provisions of equal or lower rank that conflict with the provisions of this law.
This law is structured in 5 titles, 58 articles, 1, 1 additional provision repealing and final provisions 2.
The title and set, respectively, the objective of application of this law and the relevant definitions for the purpose of interpreting them.
Title II contains the provisions relating to the defence of competition and is divided into two chapters: one relating to the conduct prohibited and the other controlling the operations of concentration. In the first chapter, related to prohibited behaviour, establishes the prohibition of restrictive agreements of the competition and the abuse of dominant position, will predict the behaviours and exempt the behaviors considered to be of minor importance and regulates the application of the provisions of the defence of competition in the conduct of State and of companies in charge of the management of services of general economic interest. In the second chapter will detail the economic concentration operations, if they meet the thresholds stipulated by this law, are subject to the notification to the Ministry responsible for the economy, and establishes the procedure to be followed as well as the consequences of not carrying out the notification.
Title III contains the provisions relating to unfair competition. In particular, it establishes a general prohibition of behaviours considered unfair, it regulates the objective and subjective scope of application and includes an open enumeration of acts considered to be unfair. This title is also applicable to the conduct of the State and of companies in charge of the management of services of general economic interest.
The title IV, which contains the provisions relating to the protection of the consumer, is divided into five chapters. The chapter includes the principles guiding consumer law, the second chapter regulates the basic rights of consumers and identifies the groups specifically protected, the third chapter contains the regulation of requirements common to all consumer relationships, the fourth chapter establishes the regime of offences and penalties and, finally, the fifth chapter contains the articles relating to the protection of the consumer.
The title V regulates the judicial exercise of the actions recognized in virtue of this law, the judicial procedure to be followed and establishes the involvement of the general interest as criterion of intervention of the public prosecutor's Office. This title also establishes the regime of confiscation of profits in cases in which it has produced an effect in the general interest. In addition, it includes a reference to the functions and powers of the public prosecutor as envisaged in the legislation that regulates. Likewise, in this title establishes in favour of the Ministry responsible for the economy of the Principality of Andorra in the international forums in the area of competition.
Title i. General provisions Article 1 Purpose and scope of territorial application 1. This law has as its essential aim to promote effective and loyal competition between all those involved in the market in order to increase the efficiency in the management of the factors of production and distribution of Andorran society for the benefit of consumers, as well as the establishment of the norms for the defense of the interests of the consumers.
2. This law is applicable to the conduct that has effects in the Principality of Andorra, regardless of where they occur and behaviour of the domicile of the actors.
Article 2 definitions) to "relevant market" means the market of reference where are given general conditions in which sellers and buyers exchange goods or services considered to be interchangeable or replaceable by reason of their characteristics, their prices and their uses. The relevant market involves the determination of the geographic boundaries that identify groups of vendors and purchasers of goods or services where it is likely to restrict competition.
b) for "competitor" means any economic operator that sells products or provides services substitute for a company, or is likely to enter the market in a period of less than one year without the need to carry out major investments.
c) for "economic operators" means the natural or legal persons who take economic decisions on the market, including consumers.
d) for "dominant position" refers to the situation where a company, alone or in conjunction with other companies, is in a position to influence the market price of a particular good or service or group of goods or services.
e) to "cases of involvement of the general interest" will be understood to be those that affect a significant number of economic operators or those who have to a right or a basic service.
f) for "consumers" or "consumers" are understood the natural or legal persons who work within the framework of consumer relations in an area other than a business or professional activity. Any reference made in this law to the concept of consumer it is understood that is made to the consumer or user as enjoy goods and services as a result of business activity in the market.
g) for "company" or "employer" means any natural or legal person, public or private, who, in the performance of a business, a trade or a profession markets goods or services or in any other way, acts within the framework of their business or professional activity.
h) for "specially protected groups" are understood the groups that, for the concurrence of certain characteristics, they are especially vulnerable with regard to consumer relations. In particular, they are specially protected groups are children and adolescents, the elderly, the sick people, people with disabilities and any other group in a situation of disadvantage or vulnerability.
I) for "consumer relationship" means any relationship established between, on the one hand, employers, intermediaries or the Administration as providers of goods and services and, on the other hand, the consumers. This relationship includes information, offer, promotion, advertising, marketing, use, sale and supply of goods and services, and also the obligations that may arise.
j) for "legal guarantee" means the duty that you have everything an entrepreneur to repair or replace the goods or service sold during the period laid down in article 30.
k) for "commercial guarantee" means the agreement by virtue of which the employer is committed to expand the legal warranty for a period determined in accordance with article 30.
the) are considered "safe goods or services" which, in conditions of normal use or reasonably foreseeable, including its duration, do not present risks for the health or the security of the people, or only the minimum risks compatible with the use of the good or service and considered admissible within a high level of protection of the health and safety of the people.
Title II. Defence of the competition chapter. Prohibited conduct Article 3 prohibition of restrictive agreements of the competition 1. Are prohibited all agreements, decisions and concerted practices between firms, including the recommendations of business associations, the effects of which will prevent, restricting or falsegin the game of competition in all or part of a market.
2. The agreements, decisions and concerted practices prohibited may consist, among others, in: to) fix, directly or indirectly, prices or other trading conditions of purchase or sale of goods or services;
b) limit or control production, imports, the market, technical development or investment;
c) share markets or sources of supply;
d) apply to third parties contractors dissimilar for equivalent benefits that results in a competitive disadvantage;
e) subordinate the subscription of agreements to the acceptance of supplemental benefits that, by their nature or according to commercial usage, have no connection with the subject-matter of the contract in question.
3. The legal business that result from the conduct prohibited by this article will be null in its own right.
Article 4 Conduct exempt the ban collected the previous article does not apply to any agreement, decision or concerted practice between economic operators, including the recommendations of business associations, which fulfill the conditions following cumulatives: to) contribute to improving the production or distribution of goods or services, or to promote technical or economic progress;
b) book users a fair share in the benefits arising from it;
c) do not impose on the companies concerned restrictions which are not indispensable in order to achieve these objectives, and d) not give these companies the possibility of eliminating competition in respect of a substantial part of the goods or services in question.
Article 5 Conduct of minor importance 1. The prohibition in article collection 3 do not apply to conduct that, due to the lack of importance of their effects, are not likely to affect competition.
2. In any case, are included in the concept of "minor behavior" the behaviors in which the joint market share of the companies involved does not exceed, in any of the relevant markets affected by a particular behaviour: a) the threshold of 10%, when the agreement takes place between companies in the same level of production or marketing (horizontal agreement);
b) the threshold of 15%, when the agreement takes place between companies present at different levels of production or marketing (vertical agreement);
c) in the case of a mixed agreement vertical/horizontal, or when it is difficult to classify, the 10% threshold is applied.
3. In any case the following behaviors are considered to be of minor importance:
to) fix, directly or indirectly, purchase or sale prices or other terms and conditions not equitable transaction, of goods or services to third parties;
b) limit or control production, markets, technical development, imports or investments;
c) share markets or sources of supply.
Article 6 Prohibition of abuse of dominant position 1. Are prohibited behaviours that constitute an abuse of a dominant position, both individual and collective, in the market and the effects of which or harm consumers, or contribute to the unjustified closure of the market.
2. abusive practices prohibited may consist, among others, in: a) the imposing, directly or indirectly, purchase price or sale of goods or services or other transaction terms not favourable;
b) limiting production, markets or technical development, imports to the detriment of consumers;
c) the application to third parties contracting parties of unequal conditions for equivalent performance, which cause a competitive disadvantage, and/or) the subordination of the subscription of agreements to the acceptance by the other Contracting Parties, additional benefits that have no relation to the object of the contract in question.
3. The legal business that result from the conduct prohibited by this article will be null in its own right.
Article 7 Conduct of the State or of companies in charge of the management of services of general economic interest and behaviour exempt by law 1. The articles of this title apply to acts carried out by the State or by companies in charge of the management of services of general economic interest, with the exception of the legislative provisions on the contrary.
2. The prohibitions set out in this title does not apply to the behaviors that result from the application of a law.
Second chapter. Control of concentrations Article 8 definition of economic concentration 1. For the purposes of this law, it is understood that economic concentration occurs when takes place a change of control of the whole or a part of one or more companies as a result of: a) the merger of two or more companies that previously were independent;
b) the acquisition by a company of the control over all or part of one or more companies; or c) the creation of a joint venture and, in general, the acquisition of joint control over one or more companies, when these develop on an ongoing basis functions of autonomous economic entity.
2. The control referred to above is of the contracts, the rights or any other means that, taking into account the circumstances of fact and of law, providing the possibility of exercising decisive influence on strategic decisions of a company such as, among others, by: a) the rights of property or of the use of the whole or part of the assets of a company; or b) contracts, rights or any other means that allow them to influence a decisive influence on the composition, deliberations or decisions of the governing bodies of the company.
3. Not have the consideration of economic concentrations: a) the mere redistribution of securities or assets between companies of the same group.
b) tenure with temporary character of shares that have been acquired in a company for resale by a credit institution or other financial institution or insurance company, the normal activities of which include the transaction and the negotiation of securities to or on behalf of third parties, provided that the voting rights attached to these shares do not exercise to determine the competitive behaviour of the company in question , or just play with the purpose of preparing the transfer of the whole or part of the company or its assets or the transfer of the shares, and as long as the transmission is occurring within the period of one year from the date of acquisition.
c) the acquisition of control by a person under a mandate conferred by a public authority in accordance with the regulations in the area of suspension of payments and bankruptcy at any time.
Article 9 economic Concentrations subject to notification 1. You must notify the Ministry responsible for the economy in which economic concentrations: a) the set of companies involved in the operation of concentration to reach, according to public information available, a fee equal to or greater than 50% in any relevant market in the Principality of Andorra, and b) at least two of the companies involved to obtain individually a volume of annual business in the Principality of Andorra of more than 2.5 million euros.
2. When two or more concentration operations are carried out in a two-year period between the same buyers and sellers, in order to verify compliance with the criteria outlined in the previous section, it will be considered a single concentration operation carried out when to take place the last operation.
Article 10 procedure of notification and monitoring of economic concentrations 1. In cases in which a concentration operation complies with the requirements provided for in article 9, which acquires control of a company, either exclusively or jointly, they should notify the existence of economic concentration operation to the competent Ministry in the field of economy before running it.
2. The notification of the operation must include a brief explanation of the activities of the companies involved in the Principality of Andorra as well as the impact that the operation may have affected product or service markets.
3. The competent Ministry in the field of Economics has the power to monitor the economic behaviour of the companies involved in a concentration notified operation.
Article 11 infractions and sanctions 1. In the framework of the control of concentrations, are considered the following: a behaviour offences) did not notify the Ministry responsible for the economy a concentration operation subject to notification when it is required under article 9.
b) do not provide the Ministry competent in the field of economy any information requested or provided incomplete information, incorrect, misleading or false.
2. The offences set forth in the preceding paragraph may incur a penalty for the offender company up to 3% of the turnover in the year preceding the year of the imposition of the sanction.
Article 12 competent
1. The competent body for steps and solve the sanctioning in application of article 11 is the Minister responsible for the economy.
2. The instruction of files corresponds to the competent Minister appointed by technicians in the field of economy.
Article 13 sanctions Transcript 1. The finding of an infringement involves the opening of the corresponding sanctions in accordance with the available regulations of administrative procedures sanctioning force at any time.
2. Against the decision handed down by the Minister competent in matters of economy you can lodge an appeal in accordance with the available administrative resources regulations in force at any given time.
Article 14 graduation Criteria of sanctions and recidivism 1. To determine the amount of the sanctions within the limit provided for in article 11.2 graduation criteria are taken into account the following: a) the degree of intentionality;
b) the conduct of one or of several companies involved in the operation of concentration in relation to the compliance with the regulations in the field of competition;
a non-c) or of the various companies involved in the operation of concentration of requirements, recommendations or warnings to the Ministry responsible for the economy in relation to the rules on competition;
e) the effect of the infringement on the rights and legitimate interests of consumers and users or on other economic operators;
f) the market share of the company or companies responsible.
2. It is understood that there are recidivism when at the time of committing the offence the offender company has been sanctioned for a firm resolution to an action or omission constitutes a breach in the field of control of concentrations.
Article 15 Limitation of the infractions and sanctions 1. The offences set forth in article 11 prescribed within a period of three years from the date of the Commission of the offence.
2. The penalties prescribed in the period of three years, counting from the date of notification of the decision to impose sanctions on firm.
Title III. Unfair competition Article 16 general Provision 1. Are prohibited all acts of unfair competition.
2. It is considered an act of unfair competition all behavior that is objectively contrary to the requirements of good faith and would detract from the economic behaviour of the average consumer or customer, decreasing its ability to adopt a decision with full knowledge of cause, doing so makes a decision about their economic behaviour that otherwise would have taken.
Article 17 target Scope of application 1. The behaviors established in this title are considered acts of unfair competition as long as they are carried out in the market and have competitive purposes.
2. the purpose of the competition act is presumed when, to the circumstances in which it is made, is objectively suitable to promote or ensure the incorporation in the market for goods or services or of a third party.
3. This title is also applicable to any act of unfair competition made before, during and after a commercial transaction or contract, regardless of whether this comes to be held or not, as long as they have produced effects on the market.
Article 18 subjective Scope of application 1. This title is applicable to economic operators, without it being necessary to the existence of a relationship of competition between the subject and the taxpayer.
2. This title is also applicable to acts carried out by the State or by companies in charge of the management of services of general economic interest, but legislative provisions to the contrary.
Article 19 acts of unfair competition in any case, is considered to be unfair: a) any behaviour that create confusion in relation to the activity, goods, services, other services, or the establishment or the commercial relations of a third person.
b) the performance or the dissemination of false or inexact manifestations, discriminatory about the activity, goods, services, other services, or about the establishment or the commercial relations of a third person diminish your credibility in the market.
c) the comparison, including comparative advertising public, through an express or implied allusion to a competitor, unless they do objectively between one or more essential characteristics, relevant, verifiable and representative of the goods or services which have the same purpose or meet the same needs.
d) imitation of features of a third when generating confusion to consumers with respect to the benefit or would lead to improper use of the reputation or the effort beyond.
e) improper use, for the benefit of another, or of the advantages of industrial, commercial or professional reputation acquired by others in the market.
f) disclosure or use, without authorization by the owner, industrial secrets or any other kind of business secrets which have been legitimately had access, but with the duty of reserve, or illegitimately, as long as it has been carried out to obtain a benefit, or of a third party.
g) induction of employees, suppliers, customers and others forced to violate the basic contractual duties have contracted with competitors.
h) Prevail in the market a competitive advantage gained by the infringement of the law.
I) selling below cost, or below the purchase price, when it affects competition in the market, or at a very low price, when the goal is to eliminate the competition, except in the cases authorized by the sectoral regulations in force at any given time.
j) harassment, coercion, use of force or undue influence, that alter the freedom of choice or conduct consumer or customer's means with respect to a particular good or service.
k) the creation, direction or promoting a pyramid selling scheme in which the consumer or the user perform a consideration in Exchange for the chance to receive compensation arising mainly from the entrance of other consumers or users in the plan, and not the sale or supply of goods or services.
the) the claim without being certain that an economic operator, their practices, or a good or service has been approved, accepted or authorised by a public or private body, or make this claim without complying with the conditions of approval, acceptance or approval, including the false statement about adhering to a code of conduct.
Title IV. Consumer protection chapter. Guiding principles of consumer law Article 20 good faith and legal positions balance consumer relations should be based on good faith and the right balance between a high level of protection of consumers and the competitiveness of the companies. Employers are obliged, therefore, to put on the market safe goods and services to consumers, to provide a fair and objective information, and to avoid unfair or abusive business practices.
Article 21 rights Irrenunciabilitat the rights that this law grants to consumers are irrevocable and is null any pact that excludes.
Second chapter. The basic rights of consumers general Provision Article 22 recognized the consumers the rights established by this title, without prejudice to the rights established by any specific regulations and rules governing general civil law in force at any given time.
Article 23 protected Rights Will protect the following rights of consumers: a) the right to protection of health and to safety, with special attention to the food, goods and services are intended for the health and hygiene care and dangerous goods.
b) the right to the protection of the economic and social interests, including the right to the conformity of the goods with the provisions of the contract of sale and warranty; the right of withdrawal, the fact of exercising it and effects; the protection of contractual abuses and the fulfilment of the conditions laid down in the conditions of Contracting; as well as the right to protection by means of efficient procedures in situations of inferiority, subordination and vulnerability, ensuring the compensation or the repair of damages.
c) the right to information, which implies the duty to inform on the part of the employer, and in any case the information about the promotion and advertising of goods or services, their prices and conditions of sale, compensation and compensation and claim systems.
Article 24 Groups specifically protected 1. The rights of consumers that affect especially protected groups enjoy special and preferential attention by the public authorities.
2. Persons with disabilities, in particular, must have guaranteed access to the information about the goods and services, and the full exercise and enjoyment of the rights which this law, in the same way that the rest of consumers.
Third chapter. Requirements common to all consumer relations Article 25 health and safety 1. The goods or services intended for consumers may not entail risks for health, or for the security, or the environment, except that they are legally admissible and subject to the legislation relating to industrial safety, health, public health, and customs.
2. If you have been put on the market goods or services prejudicial to health or unsafe, the entrepreneurs who are engaged in the sale of goods or the provision of services, regardless of the type and sector of activity, must immediately inform consumers of the risk arising from the use of the good or service. The information is given by means of alerts that allow consumers to know the risk arising from the use of the goods or of rendering of the service as soon as possible.
3. With the maximum speed possible, the competent administrative body must take the appropriate measures in order for the goods or the services prejudicial to health or unsafe become suitable, be replaced or removed, and will return the amount paid.
Article 26 advertising, information and offer 1. Advertising, information and the offer made by any means and the information that is transmitted in the framework of the business activity, relating to goods or services, they must conform to the principles of truthfulness and objectivity and should not induce to error or confusion. In any case, advertising, information, and, in general, commercial communications may not be covert or subliminal.
2. The benefits of products and services and the guarantees offered by the advertising media are required but not included in the contract or in the documentation received, the provisions of which, however, take precedence over the content of the promotion and advertising if they contain clauses more beneficial.
3. products and services within the reach of consumers have to offer enough information and certain about its features. Employers have the obligation to ensure that the products and services within the reach of consumers with substantial information in writing or in any other support that allows the storage and you have a duration equivalent to at least the useful life or the conformity of the product or service in question. To this end, substantial information is understood to mean the prepared by employers or by, among others, the manufacturers of products, which refers to the key features, use or maintenance, the justification of the transaction made and the conformity of the goods or the service, with reference at least, in the labelling, in the following aspects: home, nature, composition, identity of the manufacturer or supplier , amount, category or company name, price, term recommended for consumption and expiry date. If the products have the traceability code or other manufacturer's codes that appear on the product, these can not be deleted, nor suffered any kind of alteration or manipulation, given the relevant information data containing for the consumer.
4. Employers are obliged to deliver before hiring, if you so request the consumer, a model of the contract with the General conditions set out. In addition, once hired the good or service, employers have the obligation to deliver an invoice, a ticket or a receipt of the transaction, with the concepts outlined in the rules in tax matters and billing at any time.
5. The establishments must inform on the full price of goods and services, with taxes and taxes are included. This information must be visible for the consumers, so that it does not mislead or hoax, as long as the nature of the product or service permits and specific sectoral regulations do not contradict.
6. If the establishment accepts cards or other means of payment in the usual way, you can restrict the use in certain periods or terms, as long as they meet the normal requirements for these means of payment.
7. the competent administrative body in matters of consumption will be able to regulate and to permit advertising on certain goods or services, if in the public interest or the consumers require.
Article 27 attention to consumers 1. Employers should make available to consumers, whatever the place of residence, in any relationship, consumer information must include, in any case, the mailing address, telephone number and the fax number or e-mail address where consumers, or can request any kind of advice or information about the good or service purchased or hired , or you can make complaints or complaints about any matter that may affect the normal operation of consumer relations.
2. Employers are obliged to respond to complaints and claims received as soon as possible, and in any event within a maximum period of one month from that are presented. For this reason must have official complaint and complaint and announce its existence.
Article 28 Deals or promotions 1. The advertising of special conditions more beneficial to the consumer with regard to the commonly practiced by the employer must indicate at least: a) The start date of the offer or promotion.
b) the duration of the offer or promotion, or the number of units available on offer or promotion or the number of consumers who can benefit from the offer or promotion.
c) Are requirements that have to fulfill the consumers.
d) conditions, the quality and the performance of the goods or services on offer or promotion, and the advantages of the offer or promotion.
e) responsible for the offer or promotion, with indication of the name or the corporate name and the address of the establishment or establishments where you can make effective the most beneficial conditions, unless the offer or promotion will refer only to the same place where it offers.
2. If advertised offers or promotions for a period of time, this period should always be determined and the employer must be in a position to satisfy the demand of the consumers of the goods or the service offered throughout the time when the offer or promotion is public and accessible. If you can't meet the demand, it has to inform the consumer of the right to purchase the good or service on offer or promotion, or similar conditions, in accordance with the benefits of the offer or promotion. In any case, you cannot make offers or promotions with a number of units manifestly insufficient depending on the duration and the advertising of the offer or promotion, and according to the usual sales.
3. If the offer or the promotion consists of a reduction in the prices of the goods or the services have had in the past, it must indicate clearly this reduction and should inform the regular price or of the goods or service and the reduced price.
4. If, within the same establishment there are goods or services under normal conditions of sale and others in most beneficial conditions, we have to differentiate or separate clearly, so that it cannot be misleading or confusion with respect to the offers and promotions, or its nature.
Article 29 right of withdrawal If the employer offers the right of withdrawal or a disposal regulations States that it has to offer in accordance with the type of contract in question, the employer must inform the consumer, both in invitations to buy as a contractual document, the following aspects: a) the period during which the consumer can exercise the right of withdrawal.
b) the conditions of the exercise of the right of withdrawal.
c) the amount and form of payment of the refund, if any.
d) the modalities of restitution of the goods or the service received.
Article 30 warranty and after-sales services 1. The seller or lender must deliver a good or a service that is in accordance with the contract and that fits the description made. For this purpose, the seller or lender is liable for any lack of conformity which features the good or service at the time of deliver it or lend it.
2. Is considered in accordance with the contract, the good or the service that contains: a) the qualities that the seller or lender, if applicable, has previous form.
b) the qualities and features in a good or a service with the same characteristics that the consumer can expect according to the nature of the right and the characteristics of which it has informed the seller or lender.
c) the suitability for the uses to which ordinarily are intended the goods of the same type.
d) fitness for any use required by consumer supported by the seller or lender.
3. All goods considered to be lasting in nature have a minimal legal warranty of two years; with the exception of second-hand goods, the seller and the consumer may agree on a shorter period, which in no case may be less than one year. This guarantee will be expanded with the commercial guarantee.
4. In the case of personal property considered to be of lasting nature, consumers have the right to a proper technical service and the existence of spare parts for a reasonable period, from the date on which the well is let to manufacture.
5. In the event of non-fulfilment or defective fulfilment of the obligations established in paragraphs 3 and 4 of this article, are considered responsible for solidarity: the seller, the Distributor, the importer and the manufacturer, without prejudice to the actions of repetition that can occur between them.
6. The commercial guarantee can be offered Additionally with voluntary and obliges who appears as a guarantor under the conditions laid down in the guarantee document and/or in the relevant advertising. The commercial guarantee must be formulated in a language understandable to consumers, and must be formalized in writing or in any other durable, provided that this support be directly available and accessible to consumers.
7. The commercial guarantee must be expressed as a minimum: a) the good or service subject to warranty.
b) the name and address of the guarantor.
c) additional legal rights, to which are awarded to the consumer as the owner of the guarantee.
d) the term of duration and territorial scope of the guarantee.
e) the claims available to the consumer.
8. In any case the guarantee reduces shopping or affects the legal rights of consumers before the lack of conformity as the owner of the guarantee.
9. The provisions of this article does not apply to products purchased through judicial sale. Neither will it apply to second hand goods acquired in Government auction in which consumers will be able to attend personally.
Article 31 Conformity and suitability of goods and services 1. Conformity occurs when the consumer has, at least, of the quality and features that are included in the contract, the budget, to advertising, to invitations to buy, or any other document that bind the employer in consumer relations.
2. The consumer has the right to be informed of the rights that correspond to the institution as a purchaser of goods or services, particularly with regard to the compliance and the guarantee of the goods of lasting nature.
3. The suitability should allow the consumer to make sure of the nature, characteristics, the conditions and the utility or the purpose of the goods or services. In the event of non-compliance or defective compliance, bug, defect or impairment, the consumer must be able to make effective the guarantees of quality or level of service and get the refund equal the market price of the good or service, either total or partial.
4. The questions on the interpretation of the agreements resolve against those who have drafted. The specific clauses take precedence over the generals if they are more beneficial to the consumer.
5. With the exception of test on the contrary, it is assumed that the lack of conformity that manifest during the six months following the delivery of the good or provision of the service already existed at the time of the transaction. However, this presumption flags when it is incompatible with the nature of the product or service or the nature of the lack of conformity.
6. The seller or the producer shall guarantee to the consumer the enjoyment of a technical service and adequate customer support, without delays or unwarranted delays.
Article 32 liability of the seller 1. Consumers have the right to repair of the product, to the replacement, in the reduction of the price or the termination of the contract, such as set forth in the following sections.
2. When the product or service is not in accordance with the contract, the consumer can choose between require repair or replacement, unless any of these options is objectively impossible or disproportionate. Is considered to be the disproportionate form of sanitation that enforces the seller costs that are not reasonable in relation to the other option of sanitation.
3. Repair and replacement, due to a lack of compliance, should be free for consumers. This allowance must contain all the necessary costs incurred to restore the lack of compliance, especially with regard to the shipping or transport, labor or materials.
4. Repair and replacement must be carried out in reasonable terms, taking into account the nature and purpose of the products or services have for the consumer.
5. Repair suspends the warranty period. This suspension starts at the moment when the consumer provides the product or the service available to the seller or lender, and concludes with the delivery of the product or the service properly repaired.
6. If, once repaired and delivered the product or service, is still not being in accordance with the contract, the consumer may require the replacement, except that this is disproportionate, the reduction of the price or the termination of the contract.
7. If the replacement fails to put the product in accordance with the contract, the consumer may require the repair, unless it is disproportionate, the reduction of the price or the termination of the contract.
8. The consumer may not require the replacement in case of products or services not expendable, nor in the case of second hand products.
9. The reduction of the price and the termination of the contract are coming from, to choice of the consumer, when it may not require repair or replacement and in cases where repair or replacement are not carried out within a reasonable time and/or without too many disadvantages for the consumer. The resolution is not appropriate when the lack of conformity is minor.
Article 33 civil liability for damages 1. The consumer has the right to compensation for damages proven as a result of the use of goods and services, including damages, profits and the right to receive interest, unless derived solely from its own fault.
2. In any case, originates from responsibility when damages occur in the proper use of real food, hygiene and cleaning, cosmetics, pharmaceuticals, health services, electricity and gas, electrical appliances and elevators, means of transport, motor vehicles and toys and goods for children.
Abusive Clauses article 34 1. Abusive clauses are null in its own right.
2. Are considered unfair all the terms and conditions that may arise from a particular contract is not negotiated individually and all the practices that cause not expressly consented, contrary to the requirements of good faith, a detriment to the consumer and an imbalance of rights and obligations of the parties.
3. Are abusive in any case, among others, the clauses that: a) the contract linking to the will of the employer;
b) limit the rights of the consumer;
c) determined by the lack of reciprocity in the contract;
d) imposed on the disproportionate guarantees consumer or unduly imposed the burden of proof;
e) are disproportionate in relation to the improvement and enforcement of the contract, and/or f) contravene the rules on jurisdiction and applicable law.
Article 35 special Modalities of sale to consumers through other laws may regulate the special modalities of sale to consumers.
Article 36 Information and dissemination about 1. The public authorities should ensure that the media addressing the information and education of consumers, and of the creation and the development of programs and spaces dedicated to consumption and to the dissemination of the activities of the organizations of consumers.
2. the public-owned media should facilitate the access of the consumer organizations in the programme areas.
3. The public authorities should encourage information campaigns and dissemination activities with the aim that consumers know their rights.
4. must promote the dissemination of information and the prevention in the use of goods and services on the market: a) When can involve risk to the health and safety of the people.
b) on the use of new goods and services that appear on the market and that could affect the economic interests of consumers.
c) On the new regulations that affect the rights and obligations of consumers.
d) About responsible consumption, reflective, solidarity and sustainable development of goods and services.
The fourth chapter. The administrative protection of the consumer, Article 37 denunciation in terms of consumption 1. Without prejudice to the right to present a claim to the employer that you have defaulted on their obligations in accordance with this law, consumers, individually or by means of the organisations or associations that represent, have the right to formulate and submit complaints to the competent administrative body in the field of consumption.
2. By means of the complaint are reported to the competent administrative body in matters of consumption a few facts, circumstances or events that may violate the rules of consumption. Complaints are processed in accordance with the provisions of the following article.
Article 38 processing the complaint, mediation and conciliation 1. At the time of receiving the complaint, the competent administrative body in matters of consumption has to communicate to the individual complainant the opportunity to opt for a procedure of mediation to try to resolve the dispute posed.
2. If complainant and terminated expressly in a mediation procedure, start this procedure of out-of-court resolution of the conflict with the mediation of the competent administrative body in matters of consumption, which draws up the minutes of the corresponding conciliation.
3. When the complainant or the employer does not agree to submit to the procedure of mediation, the competent administrative body in matters of consumption will proceed to the analysis of the complaint. The consumer will have all powers to carry out legal actions including the claim of damages caused.
4. If the complaint stem from evidence of infringement, in accordance with the provisions of this law, the competent administrative body in sanctioning administrative procedure can initiate the corresponding consumption in order to prevent the violation of the regulations.
Article 39 competent administrative body in matters of consumption 1. The Government, through the competent administrative body in matters of consumption, control the compliance with the regulations regarding the protection of consumers.
2. The competent administrative body in matters of consumption, ex officio or at the request of a party, visit the establishments, it examines the documentation relating to the protection of the consumer and, where appropriate, get up minutes of the visit carried out.
3. When the competent administrative body in matters of consumption that the breach of the regulations on the protection of consumers implies, in its judgment, a serious and imminent risk to the safety and health of the people, may order the immediate cessation of the activity or commandeering the product of provisional way. The measure is lifted immediately when the employer proves the correctness of the defaults that they originate.
4. Against the decision taken by the competent administrative body in the field of consumption they can present an administrative appeal in front of the Ministry in charge of service that has made the decision, in accordance with the available administrative resources regulations in force at any given time.
5. Surveillance and control in the field of health and safety is, respectively, to the competent bodies of the Ministry in charge of health and the Ministry responsible for industrial safety.
Chapter five. Responsibilities, violations and penalties in the field of consumer protection Article 40 Responsibilities 1. The breach by the employer of the obligations set out in this title and in all the rules in the area of consumer protection gives rise to administrative liability, as well as, where appropriate, in criminal and civil liability that may arise from the breach.
2. Infringements in the area of consumption can be sanctioned administratively, without prejudice to the civil or criminal liability that may arise from the same actions or omissions.
3. You cannot punish by administrative facts that have already been punished criminally, if there is a coincidence of the subject, fact and unfounded.
Article 41 competent body 1. The competent body for steps and solve the sanctioning is the Minister of the competent administrative body in the field of consumption.
2. The instruction of files corresponds to the technicians appointed by the Minister competent in matters of consumption.
Article 42 sanctioning Transcript 1. The finding of an infringement on the part of the competent administrative body in matters of consumption involves the opening of the corresponding sanctions in accordance with the available regulations of administrative procedures sanctioning force at any time.
2. Given to the acts of the competent administrative body in matters of consumption the presumption of accuracy, unless proof to the contrary.
3. Against the decision handed down by the Minister competent in matters of consumption can be lodged in accordance with the current regulations that has at every moment in the area of administrative resources.
Article 43 Offences 1. Are very serious offences: a) Infringe, by action or omission, the regulations relating to the health and safety of persons, of the goods and services made in the market available to the consumers.
b serious infringements committed by two or more simultaneously).
2. serious offences Are: a) alter or adulteras goods or services to the detriment of their qualities to cover up the defects.
b) fraud or deceit in the sale of goods or services that may induce to error or confusion to the consumers with respect to the true characteristics or nature of the goods or services.
c) false or misleading advertising.
d) Put at the disposal of consumers goods of lasting nature, ignoring the legal warranty and/or guarantee a proper technical assistance service.
e) Obstructing the functions of inspection and control in the field of consumption.
f) Commit simultaneously two or more minor offences.
3. minor offences Are: a) the Contravening provisions that regulate the information and advertising of prices of goods and services.
b) Contravening the rules regarding standardization, documentation, and the terms and conditions of sale and in the area of supply of goods or provision of services.
c) do not have official complaint and complaint or not to announce that there are.
d) any breach of the requirements, obligations, terms and conditions and prohibitions established in this law and other regulations that complement or develop, and that is not classified as a serious or very serious.
Article 44 prescription of infringements 1. The minor offences prescribed in the period of one year from the day on which cease the action or omission punishable.
2. serious offences prescribed within a period of two years from the day on which cease the action or omission punishable.
3. very serious offences prescribed in a period of three years from the day on which cease the action or omission punishable.
4. The beginning of inspection activity suspends the period of prescription.
Article 45 Penalties 1. The sanctions applicable to offences classified in the previous articles are the following: a) To the minor violations, fine of up to 2,000 euros.
b serious infringements) to fine of 2,000 to 10,000 euros.
c) to very serious offences, a fine of 10,000 to 100,000 euros.
2. An infringement cannot entail, in any event, a benefit for the offender. If the amount of the penalty imposed and the cost of the actions to restore the legality is less than the benefit resulting from the infringement, increases the amount of the penalty to the amount of the benefit obtained illicitly.
Article 46 accessory Sanctions 1. In the case of very serious offences, the competent administrative body in matters of consumption may order the temporary closure up to two years away.
2. In the case of serious offences, the competent administrative body in matters of consumption can agree on the comís of immobilized that involves a risk not acceptable for health, safety, economic interests or the right to information of the consumers, or the environment.
3. The competent administrative body in matters of consumption, for reasons of exemplarity and in anticipation of future behaviours infractores, you can publish the resolutions firm penalty imposed in accordance with this law. The cost of the publication is in charge of the sanctioned.
Article 47 graduation Criteria of sanctions 1. To determine the amount of the sanctions on their degrees minimum, medium and maximum graduation criteria are taken into account the following: a) the risk to health and safety;
b) the severity of the damage caused;
c) the amount of the benefit obtained.
d) the degree of intentionality;
e) the conduct of the employer in relation to the strict compliance with the regulations in the area of effective competition and consumer protection;
non-f) the requirements, recommendations or warnings of the competent administrative body in matters of consumption;
2. The infringements consisting of the continuing persistence of the Commission or the default, Stoke in the highest degree of the corresponding qualification.
Article 48 Recidivism 1. It is understood that there are recidivism when at the time of committing the offence by the person convicted has been sanctioned for a firm resolution to an action or omission constituting the infringement itself or by two or more actions or omissions constitute a copyright infringement below.
2. To appreciate the recidivism is only taken into account penalties for minor offences imposed during the preceding twelve months, penalties for serious offences imposed during the previous 18 months and penalties for very serious offences imposed during the previous twenty-four months.
Article 49 prescription of penalties penalties for minor offences prescribed in the period of one year, the grave within a period of two years, and the very serious within a period of three years, counting from the date of notification of the decision to impose sanctions on firm.
Title v. civil actions and judicial procedure. Functions and powers of the public prosecutor's Office and on behalf of the Principality of Andorra in the international forums in the area of competition Article 50 actions against restrictive behaviour of the competition, the acts of unfair competition and breach of the obligations envisaged for relations with consumers, may exercise the following: a) declarative Action the existence of prohibited behaviour.
b) action of cessation of prohibited behaviour.
c) action to rectify the information misleading, inaccurate, incorrect, false or discriminatory made or distributed.
d) Action for compensation for damages that are a result of prohibited behaviour.
Article 51 sue the actions provided for in article 50 can exercise any of the following individuals: to) any natural or legal person to participate in the market in the interests of which are directly harmed by the conduct prohibited by this law.
b) associations of consumers and users or entities legally constituted with the objective of the defense and/or protection of these consumers and users and are representative of the groups of harmed by the conduct prohibited by this law, as well as the same groups of people affected.
c) the public prosecutor's Office, ex officio or at the request of a third party, including the Government, can exercise the declarative actions, injunction and rectification in defence of the general interest, in accordance with article 57.
Article 52 Legitimation passive the actions provided for in article 50 can exercise against any natural or legal person who has carried out or ordered the conduct prohibited or have cooperated.
Article 53 Limitation provided for in article 50 actions prescribed by the course of three years from the time when the entitled to exercise the action in question had knowledge of the existence of the alleged prohibited conduct and the identity of the person and/or people supposedly infractores. and, in any case, expiry of three years from the time of the completion of the alleged prohibited conduct.
Article 54 civil procedure abbreviated legal actions arising from the application of this law, regardless of the financial amount, must be conducted in accordance with the rules of civil procedure abbreviated.
Article 55 Penalties such
1. in the event of damage of the general interest, in addition to the eventual compensation for damages, the judge must impose on the offender must satisfy, in concept of confiscation of the profits, the sum equivalent to the profit obtained as a result of the conduct prohibited, including interest.
2. For the purposes of quantifying the sum you need to satisfy in concept of confiscation of the profits, the Mayor may request the report of an independent appraiser.
3. The natural or legal person on whom until the confiscation of profits is required to publish in full the content of the judgment in one of the firm two newspapers on paper more diffusion in the Principality of Andorra and to assume the cost of such publication.
4. Confiscation of benefits should always be made in favor of the Andorran State.
5. In the event that a particular concentration operation subject to notification in accordance with the provisions of article 9 significantly restrict competition on one or several markets of goods or services, the judgment to resolve the judicial action will be able to impose on the companies involved in a concentration for a fine of up to 7% of the volume of business in the exercise or in the exercises which have produced the behaviors prohibited by this law.
Article 56 functions of the public prosecution service the public prosecutor can intervene in the control of practices prohibited in titles I, II and III in cases of involvement of the general interest, without prejudice to the actions that they can exercise the persons in each case.
Article 57 powers of the public prosecutor's Office 1. To carry out the functions mentioned in the previous article, the public prosecutor has the powers attributed to the regulation that regulates force at any time.
2. In the framework of the functions described in the previous section, the public prosecutor may investigate the conduct prohibited by the titles I, II and III. For this purpose it may require information to companies, Governments and individuals, who are required to cooperate with the investigation.
3. The public prosecutor may initiate ex officio or at the request of a third party the actions provided for in article 50. a), b) and (c)).
Article 58 of the Principality of Andorra in the international forums in the area of competition Is the Ministry responsible for the economy of the Principality of Andorra within the framework of international forums in the area of competition.
Additional provision the Government has put at the disposal of entrepreneurs, within a maximum period of one month from the publication of this law, the official complaint and denunciation provided for in paragraph 2 of article 27.
Repealing provision Is repealed the law for the protection of the consumer of July 31, 1985, and any provision of equal or lower rank which is opposed to the content of what is established in this law.
First final provision the Government must approve the regulations of development of this law within a maximum period of six months from its entry into force.
Second final provision this law enters into force in a month to be published in the official bulletin of the Principality of Andorra.
Casa de la Vall, June 13, 2013 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra