Key Benefits:
Bs. As., 13/10/94
VISTO Issue No. 612,529/94 of the Register of MINISTERY OF ECONOMY AND PUBLIC SERVICES, Law No. 24,240 and the National Directorate of Internal Trade of the SUBSECRETARIA OF INTERIOR TRADE of the SECRETARIAT OF COMMERCY AND INVERSIONS of the MINISTERY OF ECONOMY AND OBSERVES
CONSIDERING:
It is necessary to develop rules governing the Act for the purposes of its effective application.
It is necessary to regulate the powers and obligations of consumer associations.
That the Directorate-General for Legal Affairs of the Ministry of Economic Affairs and PUBLICOS has taken the intervention that belongs to him.
That the present is dictated in the use of the powers conferred by Article 99 (2) of the National Constitution.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 . Approve the Regulation of the Consumer Defense Act, No. 24,240, which, as Annex I, is part of this Decree.
Art. 2o El This Decree shall enter into force from the date of its publication in the Official Gazette.
Art. 3o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM, . Domingo F. Cavallo.
Annex I
REGLAMENT OF THE DEFENSA LAW OF THE CONSUMIDOR No. 24,240
ARTICLE 1 O
(a) It will also be considered consumers or users who, depending on an eventual onerous contract, receive free items or services (e.g. free samples).
(b) In the event of the sale of prefabricated houses, of the elements for the construction or of new properties for housing, the buyer shall be provided with a complete documentation subscribed by the seller in which the distribution of the different environments of the house and of all the facilities, and its details, and the characteristics of the materials used, are defined on a scale.
(c) It is understood by new the building, under construction or that it has never been occupied.
ARTICLE 2o . It is understood that goods or services are integrated into processes of production, transformation, marketing or provision to third parties when related to such processes, whether generic or specific.
ARTICLE 3o . Unregulated.
ARTICLE 4o . The suppliers of things or services that, subsequently to the introduction of them in the consumer market, are aware of their dangers, must immediately communicate such a circumstance to the competent authorities and consumers through sufficient advertising.
ARTICLE 5o . Riges the provisions of Article 4 of this Annex.
ARTICLE 6 . Riges the provisions of Article 4 of this Annex.
ARTICLE 7o O
(a) In the supply of goods or services made in the place where they are marketed, the dates of start-up and completion may be omitted, in which case it compels the person to issue it during the time it is made. The offer made outside the place of marketing must always contain the period of its validity.
When the provider quantitatively limits its supply of products and services, it must report the amount it has to cover it.
Where, for any reason, contradictory details have been included in an offer, the consumer or user will always be most favourable.
(b) If the provider of things or services does not meet the offer or the contract, the consumer may, as appropriate, alternatively and to his choice:
(I) to require forced compliance with the obligation, provided that non-compliance does not result in any fortuitous case or force majeure that is not attributable to the supplier;
II) accept another product or equivalent service provision;
III) terminate the contract with the right to restitution of the payment and compensation for damages.
In cases of services provided for in Article 23 of Law No. 24,240, and prior to the exercise of these options, the provisions of this article shall be set forth.
ARTICLE 8 . Riges the provisions of Article 7 of this Annex.
ARTICLE 9o . Unregulated.
ARTICLE 10.
(a) When "ticket" is issued because it is authorized by tax rules, the document that is extended by the sale of movable things may contain a generic description of the thing or the reference of the item to which it belongs, but always in such a way that it is easily individualizable by the consumer. The inclusion of the deadlines and conditions of delivery may be omitted when the period is performed at the time of operation. The inclusion of payment conditions may also be omitted when the payment is counted.
(b) When it comes to things or services with guarantee, the sales document should make explicit reference to the same, having to record its scope and characteristics in the respective certificate to be delivered to the consumer. When the sale can be documented by "ticket", the delivery of the warranty certificate will be sufficient. Where the thing or service has no guarantee, it must clearly and express such a circumstance in the sales document. When the reference to this Article is omitted, it shall be understood that the thing has no guarantee. The omission shall be subject to sanctions under Article 47 of Law No. 24,240.
(c) Failure to comply with the deadline and conditions of delivery shall be subject to the penalties of Article 47 thereof. The offender may be exempt from the application of sanctions when there is a conciliatory agreement between the parties.
ARTICLE 11. . If the thing should be moved to factory or workshop to make the guarantee, the consumer must notify the person responsible for the guarantee so that within the time of CUARENTA and OCHO (48) hours of the communication will carry out the transport.
When it is not done within that period, the consumer may arrange for the transfer without communication prior to the person responsible for the guarantee, but in such cases it will not be bound until the current freight and insurance amounts in place. The transfer must be made to the repair center closest to the place where the thing is located, if not another one is responsible for the guarantee.
ARTICLE 12. . Non-consumable movable equipment suppliers should ensure adequate technical service and supply of parts and spare parts during the time they indicate the regulations issued by the Implementation Authority.
The supply of new parts and spare parts should be ensured during the warranty period. The use of used parts will be permitted only in cases where new parts do not exist in the national market or when there is express authorization from the consumer.
ARTICLE 13. . Observed by Decree No. 2089/93.
ARTICLE 14.
(a) The warranty certificate must identify the seller, manufacturer, importer or distributor responsible for it.
When the seller did not notify the manufacturer or importer of the entry into force of the warranty of one thing, the same will begin to govern from the date of the sales document.
(b) During the validity of the guarantee, all expenses necessary for the repair of the thing will be charged by the person responsible for the same.
ARTICLE 15. . It is understood that it is the guarantee granted by the person responsible for it.
ARTICLE 16.
(a) Remedies the provisions of Article 15 of this Annex.
(b) It is understood that the consumer is deprived of the use of the thing since it was delivered to the person responsible for the guarantee for the purpose of its repair, and until it is delivered to it.
ARTICLE 17. . It will be understood by "best conditions" those necessary for normal use, mediating proper treatment and following the rules of use and maintenance provided by the manufacturer.
The replacement of the thing by another of "identical characteristics" must be carried out considering the period of use and the general state of which it is replaced, as well as the quantity and quality of the repairs protected by the guarantee that they must have made it.
The same criterion will be followed to evaluate the current price in place of the thing, when the consumer opts for the right granted by Article 17 (b) of the Law.
Prior to the replacement of the thing, if it were composed of sets, subsets and/or various pieces, the guarantor may replace those that were defective. Replacement of parts of the thing can be viable provided that the general qualities of the thing are not altered and it is again suitable for the use to which it is intended.
ARTICLE 18. Unregulated.
ARTICLE 19. . Riges the provisions of Article 7 of this Annex.
ARTICLE 20. . It will be understood by appropriate materials those new ones adapted to the thing in question. The pact that expressly states that the materials or products to be used, even the appropriate ones, are not new, must be written in a prominent and notorious manner.
ARTICLE 21. Unregulated.
ARTICLE 22. . The consumer may exempt the service provider from the obligation to inform him of the tasks or use of materials not included in the budget. In this case, the consumer will express his will in an express way and, except impossibility, by writing his fist and letter the corresponding clause.
ARTICLE 23. . It is considered that the deadline begins to run since the end of the service delivery. When, due to the characteristics of the case, it is not possible to verify the effectiveness of the service immediately completed, the service will begin to run since the conditions under which it can be found.
ARTICLE 24. Unregulated.
ARTICLE 25. . The utility companies of the public household services must provide detailed invoice of the service provided to users.
ARTICLE 26. Unregulated.
ARTICLE 27. . Household public service providers should answer the claims within a period of TEN (10) days.
ARTICLE 28. Unregulated.
ARTICLE 29. Unregulated.
ARTICLE 30. . Household public service providers should give users record of their claims.
ARTICLE 31. Unregulated.
ARTICLE 32.
(a) It will be understood that they are included in the house or direct sale, without prejudice to others, the systems in which the offer to the consumer is made in the particular address of the offeror or the consumer, in its place of work or in the home of a third party.
(b) Remedies the provisions of Article 10 (c) of this Annex.
ARTICLE 33. . Riges the provisions of Article 10 (c) of this Annex.
ARTICLE 34. . To exercise the right to revoke the consumer must put the thing at the disposal of the seller without having used it and keeping it in the same state in which he received it, having to restore the supplier to the consumer all the amounts received.
ARTICLE 35. Unregulated.
ARTICLE 36. Unregulated.
ARTICLE 37. . Abusive terms or clauses shall be deemed to affect the consumer or user in the collection between the rights and obligations of both parties.
ARTICLE 38. La The Application Authority shall notify the supplier that it has included clauses of those provided for in Article 37 that they are not agreed upon and shall defer it to notify the consumer of such a circumstance in a fruitful manner and in the term that authority establishes it. In case of non-compliance, the penalties provided for in Article 47 of Act No. 24,240 shall be subject to penalties.
ARTICLE 39. Unregulated.
ARTICLE 40. . Observed by Decree No. 2089/93.
ARTICLE 41. Unregulated.
ARTICLE 42. Unregulated.
ARTICLE 43. Unregulated.
ARTICLE 44. Unregulated.
ARTICLE 45.
(a) The conciliatory agreement approved by the Implementation Authority shall suspend the administrative procedure. If the parties do not reconcile, the Implementation Authority will continue the process and issue the final resolution.
(b) The provisions of the Code of Criminal Procedure and its amended laws in the national order shall be applied supplementally to resolve matters not expressly provided for as long as they are not inconsistent with the Consumer Defence Act No. 24,240 and these Regulations.
ARTICLE 46. Unregulated.
ARTICLE 47. Unregulated.
ARTICLE 48. . To qualify as malicious or unjust cause a complaint, it must have been previously substantiated.
ARTICLE 49. el The NATIONAL REGISTRATION of INFRACTORS is created to Law No. 24,240, which will operate in accordance with the regulations issued by the Implementing Authority.
ARTICLE 50. Unregulated.
ARTICLE 51. Unregulated.
ARTICLE 52. . Legally constituted consumer associations will be required to claim and act judicially, excepting them from such a requirement in cases where they act in defence of a general interest of consumers.
ARTICLE 53. El The mandate shall be credited through the relevant public instrument or with a letter of power, with the signature of the grantor certified by police or judicial authority or by public scribe. Mandate may also be granted through a simple certificate of authority certified by the Implementation Authority. It shall establish the identity and domicile of the president and the designation, identity, domicile and signature of the president.
ARTICLE 54. . Observed by Decree No. 2089/93.
ARTICLE 55. el The NATIONAL REGISTRATION OF ASSESSMENTS OF CONSUMIDORS is created which, to function, must be inscribed in it.
ARTICLE 56. . Riges the provisions of Article 55 of this Annex.
ARTICLE 57.
(a) Publications will include brochures, newspapers, magazines, radio and television programmes, newsletters, etc.
(b) Consumer associations recognized as such that do not comply with the conditions referred to in Articles 56 and 57 of Law No. 24,240 shall be discharged from the NATIONAL REGISTRATION OF CONSEQUENCES and the Implementing Authority may suspend the State contributions granted. In addition, the relevant enforcement authority may provide for the loss of conferred legal status.
ARTICLE 58. Unregulated.
ARTICLE 59. Unregulated.
ARTICLE 60. Unregulated.
ARTICLE 61. Unregulated.
ARTICLE 62. Unregulated.
ARTICLE 63. Unregulated.
ARTICLE 64. Unregulated.
ARTICLE 65. Unregulated.
ARTICLE 66. Unregulated.
