Key Benefits:
ArtAculoA 1Aº. -A The present law is of a public order and is intended to regulate consumption relationships, including the situations referred to in the 4Aº second inceA.
In all the unanticipated, in this law, the provisions of the ArtAculoA 2Aº. -A Consumer is any physical or legal person who acquires or uses products or services as the ultimate recipient in a consumption or in-function relationship.
It is not considered a consumer or user to the one who, without constituting a final recipient, acquires, stores, uses or consumes products or services in order to integrate them into production processes, transformation or marketing.
ArtAculoA 3Aº. -A Provider is any physical or legal person, national or foreign, private or public, and in this last state or non-state case, that develops professional activities in a professional manner, creation, construction, transformation, assembly, import, distribution and marketing of products or services in a consumption relationship.
ArtAculoA 4Aº. -A Consumer Relation is the vAnculo that is established between the provider that, for onerous title, provides a product or provides a service and who acquires or uses it as the final recipient.
The product supply and service delivery that are made free of charge, when they are performed in the event of a possible consumption relationship, will be equated with the consumption relationships.
ArtAculoA 5Aº. -A Product is any body or incorporated, movable or immovable. Service is any paid activity, provided in the consumer market, except those that result from industrial relations.
ArtAculoA 6Aº. -A Are consumer rights:
| A) | The protection of life, health and safety from the risks caused by the practices in the supply of products and services considered dangerous or harmful. |
| B) | Education and dissemination about the right consumption of products and services, the freedom to choose and the treatment equal when you contract. |
| C) | The sufficient, clear, truthful, language-language information without prejudice that may be used in other languages. |
| D) | The protection against advertising engendous, the methods coercive or disloyal in the supply of products and services and the " abusive users in the contracts of accession, each of them within the terms laid down in this law. |
| E) | The association in organizations whose specific object is the defense of the consumer and represented by them. |
| F) | The effective pre-maturity and compensation of the heritage and extra heritage damage. |
| G) | Access to judicial and administrative bodies for the prevention and compensation of damage through procedures effective, in the terms provided for in the respective chapters of this law. |
ArtAculoA 7Aº. -A All products and services whose use may pose a risk to those considered normal and foreseeable by their nature, use or purpose, for the health or safety of the consumers or users, should be placed on the market by observing established or reasonable rules or forms.
ArtAculo 8Aº. -A suppliers of dangerous or harmful products and services for health or safety should clearly and visibly report on their dangerousness or harmfulness, without prejudice to other measures that may be be taken in each individual case.
ArtAculoA 9Aº. -A The competent administrative authority may prohibit the placing of products on the market, exceptionally and in an established manner, when they present a serious risk to the health or safety of the consumer for their high degree of harmfulness or danger.
ArtAculo 10. -In the case of industrial products, the manufacturer should provide the information referred to in the preceding articles, and the manufacturer should always accompany the product, even in his/her final marketing.
ArtAculoA 11. -A suppliers of products and services that, subsequently to the introduction of the same on the market, take cognizance of their harmfulness or danger, should immediately communicate such This is the case for the competent authorities and consumers. In this latter case, the communication will be fulfilled through advertisements.
ArtAculoA 12. -A The offer addressed to certain or indeterminate consumers, transmitted by any means of communication and that contains sufficiently accurate information with relation to the products or services offered, it links to the one who emits it and to the one who uses it in an express way for the time it takes. This period shall be extended in the following cases:
| 1) | When such an offer is released only in dAa inhA bil, in which case it binds the subjects referred to in this clA up to the first dAa hA bil after its realization. |
| 2) | When the offeror sets a deadline. |
In all cases, the offer may specify its modes, conditions, or limitations.
During the term of the offer, even if it is more extensive than that provided for in this law, the offer will be revoked. The recall will be effective once it has been disseminated by means similar to the employees to make it known, and whenever this occurs before the acceptance has reached the offeror. In cases where the offeror assumes a commitment not to revoke the offer, the offer shall not be revocable.
The acceptance of the offer must be tempest. The tardAa acceptation is ineffective, except the faculty of the proposer to grant it efficacy.
ArtAculoA 13. -A All information regarding a consumption relationship should be expressed in Spanish language without prejudice to other languages.
When two or more contradictory information is given in the offer, the consumer will prevail.
ArtAculoA 14. -A All information, even provided in advertisements, disseminated by any form or means of communication, compels the offeror who ordered his or her diffuser and anyone who uses it, and integrates the contract to be concluded with the consumer.
ArtAculoA 15. -A provider should report, in all offers, and prior to the formalization of the respective contract:
| A) | The price, including taxes. |
| B) | In the credit or financial offerings of products or services, the cash price of the product or services corresponds, the amount of the credit granted or the total financed in your case, and the amount of payments and their periodicity. Financial intermediation companies, credit managers or the like, will also be required to report the rate of effective year-over-year. |
| C) | the ways to update the loan, interest, and any additional default, additional extra expenses, if there, and the place of payment. |
The price displayed in the advertising messages should be indicated in accordance with this article. The reported information will be provided in accordance with what is set by the regulation.
ArtAculoA 16. -A The offering of products or services that are performed outside of the business premises, by postal, telephone, television, computer, or similar, entitles the consumer who accepted it to terminate or resolve, "ipso-jure" the contract. The consumer may exercise such right within the five days of the contract or the delivery of the product, to his sole option, without any responsibility on his part. The option for the solution or resolution should be communicated to the supplier by any means whatsoever.
When the offer of services is made in premises conditioned for the purpose of offering, the consumer may terminate or terminate the contract in the terms laid down in the first paragraph of this article.
If the consumer exercises the right to terminate or terminate the contract, he or she should proceed with the product's return to the supplier, without use, in the same state in which it was received, except as regards the verification of the contract. The supplier must, for his part, immediately restore the consumer to all that he has paid. The delay in the refund of the amounts paid by the consumer, will give rise to the fact that you demand the updating of the sums to be returned. Each party must bear the costs of the return of the loan received. In cases where the consumer terminates or resolves the contract in accordance with the preceding provisions, the forms of deferred payment of the emerging benefits of such a contract which he or she had implemented shall not be effective. Credit cards or the like. It will be sufficient for the consumer to communicate to the broadcasters of the referred cards his or her exercise of the option of resolving or rescating the contract.
In the case of partially provided services, the consumer will pay only that part that has been executed and if the service was paid in advance, the supplier will immediately return the amount corresponding to the non-executed part. The delay in the refund of the amounts paid by the consumer, will give rise to the fact that you demand the updating of the sums to be returned. The provisions of the final paragraph of the preceding paragraph of this Article shall apply as appropriate.
In all cases the supplier must inform the address of his or her establishment or his/her own being insufficient to indicate only the postal or similar locker.
ArtAculoA 17. -A product offering must provide clear and easily readable information about its characteristics, nature, quantity, quality-in terms and opportunities, composition, garantAa, origin of the product, the price according to the article 15, the data necessary for the correct preservation and use of the product and, as appropriate, the term of validity and the risks that present for the health and safety of consumers.
The information entered in this article will be provided as required by the respective regulations. As far as product-patting is concerned, as in relation to the need for product manuals and the content of the products, the regulations will be available.
ArtAculo 18. -A manufacturers and importers should ensure the supply of components and spare parts while the product is being manufactured or imported.
ArtAculoA 19. -A The offering of defective, used, or reconstituted products should indicate such a circumstance in a clear and visible manner.
ArtAculoA 20. -A In the service offering, the supplier must inform the items listed in this article, except that the nature of the service does not correspond to any of them. The information should be clear and truthful and, when written, it will be provided with easily readable characters.
| A) | Service provider name and address. |
| B) | The description of the service to be provided. |
| C) | A description of the materials, implements, technology to be used, and the deadline or deadlines for the fulfillment of the loan. |
| D) | The price, including taxes, your composition when applicable, and the form of payment. The provisions of the article 15 of this law shall apply as appropriate. |
| E) | The risks that the service might cause for health or safety, when this circumstance was given. |
| F) | The scope and duration of the garantAa, when it is granted. |
| G) | You can only be informed of the quality of compliance as provided for in the article 17 of the present law. |
The regulation may provide for situations in which, together with the offer, a consumer budget must be provided, establishing its content and effectiveness.
ArtAculoA 21. -A Financial Services offering should contain the specifications that, according to the services in question, can be regulated, without prejudice to the provisions of the article 20 precedent.
ArtAculoA 22. -A are considered abusive ctics, among others:
| A) | Negate the provision of products or services to the consumer, as long as the availability of the offered is available customs and the possibility to serve the service, except when the offer has been limited and has previously informed the consumer, without prejudice to the revocation that should be disseminated by the same means used to make it known. |
| B) | Make circular information that disrepute the consumer, because of the actions taken by the consumer, in the exercise of his or her rights. |
| C) | Setting the deadline, or deadlines for compliance with obligations manifestly disproportionate to the detriment of the consumer. |
| D) | Send or deliver to the consumer, any product or provide any service, which has not been previously requested. The services provided or the products sent or delivered to the consumer, in this hypothesis, do not carry obligations of payment nor of return, equating therefore to the free samples. It shall apply, as appropriate, the provisions of the third party to Article 16 of this Law. |
| E) | Making the consumer appear as a proponent of the procurement of goods or services, where this does not correspond. |
ArtAculoA 23. -A The product and service provider that offers garantAa, you should offer it in writing, standardized when it is for ideltic products. It should be easily understandable and readable, and should inform the consumer about the extent of its significant aspects.
Should contain the following information as mAnimo:
| A) | Identifying who is offering the garantAa. |
| B) | Identification of the manufacturer or importer of the product or service provider. |
| C) | Accurate identification of the product or service, with its basic technical specifications. |
| D) | GarantAa validity conditions, their time and coverage, specifying the parts of the product or service covered by the same. |
| e) | Home and telephone of those who are contractually obligated to lend it. |
| F) | Product or service repair conditions with specification of the place where the garantAa is effective. |
| G) | Costs in charge of the consumer, if any. |
| H) | The place and date of delivery of the product or the completion of the service to the consumer. |
The garantAa certificate must be completed by the provider and delivered along with the product or upon completion of service.
If the certificate is delivered by the merchant and is identified in the same to the manufacturer or importer who offers the guarantee are these last ones who are required by the contract accessory of garantAa.
ArtAculoA 24. -A All advertising must be transmitted and disclosed in such a way that the consumer identifies it as such.
Any advertising is prohibited.
Any form of information or communication contained in advertising messages that is whole or in part false, or otherwise, even by default of essential data, will be understood by advertising to be capable of misleading the consumer with respect to the nature, quantity, origin, price, respect of the products and services.
ArtAculo 25. -A comparative advertising will be allowed as long as it is based on the objectivity of the comparison and does not merge into subjective, psychological or emotional data; and that the comparison is passive check.
ArtAculoA 26. -The burden of proof of the accuracy and accuracy of the data in fact contained in the advertising or advertising communication corresponds to the advertiser.
ArtAculoA 27. -A regulation may set a time limit during which the product and service provider must maintain in its power, for the information of the interested parties, the ctic data, Technical and scientific techniques that support the advertising message.
ArtAculoA 28. -A Accession Contract is aquel whose user's or conditions have been set unilaterally by the product or service provider without the consumer being able to discuss, negotiate, or modify substantially its content.
In the written contracts, the inclusion of additional users to the preset does not change the nature of the attachment contract.
ArtAculoA 29. -A adherence contracts will be written in Spanish language, in clear terms and with easily readable characters, so as to facilitate the understanding of the consumer.
ArtAculoA 30. -A is abusive for its content or for its form any user who determines clear and unjustified imbalances between the rights and obligations of the contractors to the detriment of the consumers, like all those who violate the obligation to act in good faith. The appreciation of the abusive character of the user shall not refer to the product or service nor to the price or consideration of the contract, provided that such users are written in a clear and comprehensible manner.
ArtAculo 31. -A abusive users are considered to be without prejudice to others, the following:
| A) | The users who exonerate or limit the liability of the supplier for defects of any nature of the products or services, unless a rule of law enables it or for any other justified cause. |
| B) | User calls that imply the waiver of consumer rights. |
| C) | The users who authorize the provider to modify the contract terms. |
| D) | The user-only resolutionable resolution is exclusively in favor of the provider. The inclusion of the same leaves the option for the fulfillment of the contract. |
| E) | User clamors that contain any precept that imposes the burden of proof to the detriment of the consumer when legally not corresponds. |
| F) | The users who impose consumer representatives are required. |
| G) | User calls that imply the consumer's waiver of the right to be resarged or reimbursed for any erogation that is legally in charge of the provider. |
| H) | The users who establish that the consumer's silence will be held for acceptance of any modification, restriction, or extending the agreement in the contract. |
The inclusion of abusive users entitles the consumer to demand the nullity of the same and in such case the judge will integrate the contract. If, in fact, the Judge appreciates that with the integrated content of the contract he has no cause, he may declare the nullity of the contract.
ArtAculoA 32. -A violation by the supplier of the obligation to act in good faith or the transfer of the duty to inform in the pre-contractual stage, of improvement or execution of the contract, gives the right to the consumer to opt for the repair, the resolution or the performance of the contract, in all cases the damages and damages that correspond.
ArtAculoA 33. -A non-compliance of the supplier, of any obligation to his or her charge, except that I measure non-imputable cause, entitles the consumer, to his free choice, to:
| A) | Require forced fulfillment of the obligation whenever possible. |
| B) | Accept another product or service or repair by equivalent. |
| C) | Resolve the contract entitled to the return of the paid, monetarily updated or rescind the contract, according to corresponds. |
In any of the options, the consumer will have the right to compensation for compensatory or moratorical damages, as applicable.
ArtAculoA 34. -A If the vice or risk of the thing or the service delivery results in a damage to the consumer, the supplier shall be responsible in accordance with the provisions laid down in the ArtAculoA 35. -A responsibility of the liberal professionals will be objective or subjective according to the nature of the assumed loan.
ArtAculoA 36. -A provider does not respond to but damages that are immediate and direct consequence of the ilAcito fact and include the property and extra-patrimonial damage.
| 1) | The right to claim for apparent vices, or for easy findings, except express acceptance thereof, expire on: |
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| A) | Thirty days from service or product provision durable. |
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| B) | Ninety days when it comes to product or service capabilities durables. |
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| A A A term begins to be computed from the effective delivery of the product or the completion of service delivery. |
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| A To This term is interrupted if the consumer effects a claim properly checked against the supplier and until it has been denied the same in inequAvoca form. |
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| 2) | In case of hidden defects, they should be evidenced within six months and will expire within three months of the time when they are revealed. This is without prejudice to specific legal provisions for certain goods and services. |
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ArtAculoA 38. -A action to claim the repair of personal damage will be prescribed within four years from the date on which the complainant had or should have been aware of the defect or defect, and the identity of the producer or manufacturer. Such a right shall be extinguished after a period of ten years from the date on which the supplier placed the product on the market or ended the service of the service causing the damage.
ArtAculoA 39. -A Prescription enshrined in the preceding articles is interrupted by the filing of the claim, or with the judgment of reconciliation whenever it is followed by demand within the period of thirty days of the event.
ArtAculo 40. -A The Ministry of Economic and Finance through the General Trade Directorate, shall be the national audit authority for compliance with this law, without prejudice to the powers of the Ministry of Trade and Finance. constitutional and legal attributed to other bodies and public entities.
ArtAculoA 41. -A General Trade Directorate, in addition, will advise the Ministry of Economic and Finance on the formulation and implementation of consumer protection policies.
ArtAculo 42. -A Compete to the Consumer Defense Area Direction:
| A) | Reporting and advising consumers about their rights. |
| B) | Control the application of the consumer protection provisions set forth in this rule, which may require access, carry out inspections and require the information to be required at the premises, warehouses, offices, branches, shops or any dependency or establishment of the suppliers; without prejudice to the constitutional and legal attributed to other organizations and Public Entes. |
| C) | Advising the Director General of Commerce to coordinate with other state and non-state public entities or entities action to be developed in consumer advocacy. |
| D) | PodrA to encourage, train or integrate advisory committees composed of representatives of the various activities (a) industrial and commercial enterprises, consumer cooperatives and consumer associations, or representatives of public bodies or bodies, which will be responsible for the information they provide, and may propose corrective measures concerning the consumer advocacy. |
| E) | Encourage the constitution of consumer associations whose sole purpose is consumer protection. The Consumer Defense Area Directorate will take a record of these partnerships, which should be constituted as civil partnerships. |
| F) | Citar suppliers at the request of the affected consumer or consumers, to an administrative audience that will have the purpose The agreement between the parties will be signed. The failure to appear in this hearing will be a simple statement against you. Without prejudice to this, in general, it will be able to sponsor mechanisms of reconciliation and mediation for the solution of the conflicts that arise among the individuals in relation to the topics of their competence. |
| G) | PodrA to fulfill its tasks, request information, assistance and advice to any public or national or foreign private. |
| H) | Dictate the administrative acts necessary for the performance of your tasks. |
ArtAculoA 43. -A consumer protection violations, non-compliance with the requirements, obligations, or prohibitions set forth in this law are considered. For the performance of the inspection tasks, the contest of the public force may be required, if relevant.
ArtAculoA 44. -A consumer protection violations will be sanctioned by the General Trade Directorate, in support of state and non-state public entities or entities that have assigned, by constitutional or legal rules, competence of control in matters related to the defense of the consumer.
ArtAculoA 45. -A General Trade Directorate may delegate to the Consumer Defense Area Directorate the sanctioning power in this matter.
ArtAculoA 46. -A Violations will be classified as mild, severe, and very severe, taking into account the following criteria: the risk to the consumer's health, the position in the market of the offender, the the benefit obtained, the degree of intentionality, the severity of the social change produced, the generalization of the infraction and the recidivism.
ArtAculoA 47. -A Comproved the existence of an infringement to the obligations imposed by this law, without prejudice to the actions for civil or criminal liability to which there is, the infringer will be passive of the following sanctions, which may be applied independently or jointly according to the circumstances of the case:
| 1) | Receipt, when the infringer lacks a background in the commission of violations of the same nature and qualified as mild. |
| 2) | Multa whose lower amount will not be less than 20 UR (twenty readjustable units) and up to 4,000 UR (four thousand units) resettable). |
| 3) | Deciding the goods and products that are the object of the infringement, when they may be in the clear risk to health or consumer security. |
| 4) | In case of repeated serious violations or very serious infractions, the temporary closure of the commercial or industrial establishment up to ninety days. |
| 5) | Suspending up to an aA ± or in the supplier records that enable you to contract with the State. |
A The penalties referred to in the numerals (3), (4) and (5) of this Article shall be provided for in the General Trade Directorate and shall be settled by the Ministry of Economic and Finance.
ArtAculoA 48. -A When serious violations are found to the provisions set forth in this law, the Consumer Defense Area Directorate, may place on the front and inside the establishment, posters that clearly indicate the carA of infringer to the Consumer Defense law for up to twenty days from the date of the violation.
ArtAculoA 49. -A In case of recidivism in similar infractions, proven intentionality in the infraction or circumstances that set a risk for the health or safety of the consumers, the competent control, may have the publication in the national circulation papers of the sanctioning resolution at the expense of the infringer.
ArtAculo 50. -A For the imposition of the penalties provided for in this law, the following procedure shall be followed: verified by the officials of the respective inspecting service, the following procedure shall be worked: a detailed account, in detail, which will be read to the person in charge of the establishment, who will sign it and receive a textual copy of it.
The infringer will have a period of ten days in which to write and offer proof, which will be completed within 15 days, which can be extended when there is justified cause. After the deadline of ten days, without making any download or taking the test, it will be decided.
ArtAculoA 51. -A When you check the performance of advertising to be used or not, without prejudice to the penalties provided for in this law, the competent authority may request judicially, in an established manner, the suspension of the advertising in question, as well as ordering the conduct of against advertising with the same frequency as the infringing advertising, whose expense the infringer must pay.
In both cases the resolution should be preceded by the procedure provided for in article 50 of this law for the defense of the advertiser.
ArtAculoA 52. -A Declare that the rules regarding consumer relations published in Official Journal NAºA 25,368 dated September 30, 1999 and entitled " Law No 17.189", is without any legal validity and must be rejected as non-existent.
A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, a 25 July 2000.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
