Key Benefits:
ArtAculo 1Aº.-This law is of public order and is intended to regulate consumer relations, including the situations referred to in the second paragraph of article 4Aº of this law.
In all that is not provided for in this law, the provisions of the ArtAculo 2Aº.-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.
ArtAculo 3Aº.-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.
ArtAculo 4Aº.-Consumer Relation is the vAnculo that is established between the supplier 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.
ArtAculo 5Aº.-Product is any body or incorporated, movable or immovable.
Service is any paid activity, provided in the consumer market, except those that result from the labor relations.
ArtAculo 6Aº.-They are basic 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 information sufficient, clear, truthful, in Spanish language, and 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. |
ArtAculo 7Aº.-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.-The suppliers of dangerous or harmful products and services for health or safety should inform in a clear and visible manner about their danger or harmfulness, without prejudice to other measures that may be taken in each individual case.
ArtAculo 9Aº.-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.-Treat industrial products, the manufacturer should provide the information referred to in the preceding articles and should always be accompanied by the product, even in its final marketing.
ArtAculo 11.-The suppliers of products and services that, subsequently to the introduction of the same in 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 last case the communication will be fulfilled through advertisements.
ArtAculo 12.-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.
ArtAculo 13.-Any 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.
ArtAculo 14.-All information, even provided in advertising notices, disseminated by any form or means of communication, compels the offeror who ordered his or her broadcasting and anyone who uses it and integrates the the contract to be concluded with the consumer.
ArtAculo 15.-The 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 the 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.
ArtAculo 16.-The offering of products or services that are performed outside of the business premises, by postal, telephone, television, computer, or similar gives the consumer the right 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 set out 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 it requires 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 it requires the updating of the sums to be returned. The provisions of the final paragraph of the previous 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.
ArtAculo 17.-The 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 conservation and use of the product and, as appropriate, the period of validity and the risks that it presents for the health and consumer safety.
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.-Manufacturers and importers should ensure the supply of components and spare parts while the product is being manufactured or imported.
ArtAculo 19.-The supply of defective, used, or reconstituted products should indicate such a circumstance in a clear and visible manner.
ArtAculo 20.-In the service offering, the supplier must inform the items indicated 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 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) | The quality of compliance as provided for in Article 17 of this Law may only be reported. |
The regulation may provide for situations in which, together with the offer, a consumer budget must be provided, establishing its content and effectiveness.
ArtAculo 21.-The offer of financial services should contain the specifications which, according to the services in question, may be provided for in the regulation, without prejudice to the provisions of Article 20 of the present law.
ArtAculo 22.-They are considered abusive cticas, 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) | Submit or deliver to the consumer any product or provide any service that has not previously been 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 Article 16 (3) of this Law |
| E) | Making the consumer appear as a proponent of the procurement of goods or services, where this does not correspond. |
ArtAculo 23.-The provider of products and services that garantAa offers, should be offered 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, as a minimum, the following information:
| 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 that offers the guarantee, it is these last ones who are obliged by the contract accessory of garantAa.
ArtAculo 24.-All advertising must be transmitted and disclosed so 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.-Comparative advertising will be allowed as long as it is based on the objectivity of the comparison and does not merge into subjective data of psychological or emotional character and that the comparison is check.
ArtAculo 26.-The burden of proof of the accuracy and material accuracy of the data actually contained in the advertising or advertising communication corresponds to the advertiser.
ArtAculo 27.-The regulation may set a time limit during which the product and service provider must maintain in its possession, for the information of the interested parties, the technical data, technical data, and scientists who support the advertising message.
ArtAculo 28.-The attachment contract is the one whose user or condition has been unilaterally established 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 contract of membership.
ArtAculo 29.-The adherence contracts will be written in Spanish language, in clear terms and with easily readable characters, so as to facilitate the understanding by the consumer.
ArtAculo 30.-It 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.-The following are considered to be abusive users, without prejudice to others:
| A) | Those that exonerate or limit the liability of the provider for any nature of the products or services, except that a rule of law enables it or any other justified cause. |
| B) | Those that imply the waiver of consumer rights. |
| C) | Those that authorize the provider to modify contract terms.
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| 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) | Those containing any precept that imposes the burden of proof to the detriment of the consumer when legally not corresponds. |
| F) | Those that impose consumer representatives. |
| G) | Those that imply the consumer's waiver of the right to be resarged or reimbursed for any erogation that is legally supplier charge. |
| H) | Those that establish that the consumer's silence will be held for acceptance of any modification, restriction, or extension of 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 this is done, the Judge will appreciate that with the integrated content of the contract he lacked cause he could declare the nullity of the contract.
ArtAculo 32.-The 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 right to the consumer to opt for the repair, the resolution or the performance of the contract, in all cases with more than the damages that correspond.
ArtAculo 33.-The supplier's failure to comply with any obligations under his or her charge will give rise to compensation for compensatory or moratorical damages, as applicable, except for:
| 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 terminate the contract, according to corresponds. |
ArtAculo 34.-If of the vice or risk of the thing or the service of the service is a damage to the consumer, the supplier shall be responsible in accordance with the rule provided in the ArtAculo 35.-The responsibility of the liberal professionals will be objective or subjective according to the nature of the assumed loan.
ArtAculo 36.-The provider does not respond to but damages that are immediate and direct consequence of the ilAcito fact and include the property and extrapatrimonial damage.
ArtAculo 37.-The right to claim for apparent defects or easy findings, unless expressly accepted by them, expire in thirty days from the service or the non-durable product, and in 90 days in the case of performance of durable goods or services.
Deadlines begin to be computed from the effective delivery of the product or the completion of service delivery.
Such deadlines will be interrupted if the consumer has a duly proven claim to the supplier and until the supplier has refused the same in an inequAvoca form.
In case of hidden defects, they should be evidenced within a period of six months and will lapse within three months of the time they are revealed. This is without prejudice to specific legal provisions for certain goods and services.
ArtAculo 38.-The 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 had knowledge 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.
ArtAculo 39.-The presciption enshrined in the preceding articles is interrupted by the filing of the claim or with the judgment of reconciliation whenever it is followed by the demand within the period of thirty days of celebrated the same.
ArtAculo 40.-The Ministry of Economic Affairs 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.
ArtAculo 41.-The General Trade Directorate, in addition, will advise the Ministry of Economic and Finance on the formulation and implementation of consumer protection policies.
ArtAculo 42.-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, and may, for this purpose, require access, carry out inspections and require the information that you will need in the premises, warehouses, deposits, factories, shops or any dependency or establishment of the suppliers; without prejudice to the constitutional powers and legal attributed to other public entities and entities |
| 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) | Pol to encourage, train or integrate, in addition, 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, for the performance of 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. |
ArtAculo 43.-It is considered consumer protection violations, non-compliance with the requirements, obligations or prohibitions set forth in this law. For the performance of the inspection tasks, the contest of the public force may be required, if relevant.
ArtAculo 44.-Consumer defense violations will be sanctioned by the General Trade Directorate on behalf of the state and non-state public entities assigned to them, by constitutional or legal rules, competition for control in matters related to the defence of the consumer.
ArtAculo 45.-The General Trade Directorate may delegate to the Consumer Defense Area Directorate the sanctioning power in this matter.
ArtAculo 46.-Violations will be classified as mild, severe, and very serious, taking into account the following criteria: the risk to the consumer's health, the position in the market of the infringer, the the benefit obtained, the degree of intentionality, the severity of the social change produced, the generalization of the infraction and the recidivism.
ArtAculo 47.-Tested for the existence of an infringement of the obligations imposed by this law, without prejudice to the actions for civil or criminal liability to which the offender is liable, the following sanctions, which may be applied independently or jointly by the following circumstances:
| 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. |
The penalties referred to in numerals (3), (4) and (5) of this Article shall be provided on the basis of the General Trade Directorate and shall be settled by the Ministry of Economic Affairs and Finance.
ArtAculo 48.-When serious violations are found to the provisions laid down in this law, the Consumer Defense Area Directorate may place on the front and inside the establishment, by a the time limit of up to twenty days from the date of the infringement, signs that clearly indicate the offence of the offender to the law of consumer protection.
ArtAculo 49.-In case of recidivism in similar violations, proven intentional in the infraction or circumstances that set a risk for the health or safety of the consumers, the competent control may be available in the national circulation journals of the sanctioning resolution at the expense of the infringer.
ArtAculo 50.-For the imposition of the penalties provided for in this law, the following procedure shall be followed: Detailed, in detail, that you will 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.
ArtAculo 51.-When the performance of advertising is verified to be in use or ilAcite, without prejudice to the penalties provided for in this law, the competent authority may request judicially, in a manner founded, 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.
ArtAculo 52.-This law will begin to govern the nine months counted since its publication.
Meeting Room of the CA of Senators, in Montevideo, on September 7, 1999.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
