Law No. 6502 on the Protection of Consumers grants the consumer strong optional rights when a purchased good or service does not have the qualities expected under the contract or its intended use.
What Is a Defect?
A good or service is considered defective if it does not conform to the sample or model agreed upon by the parties, does not objectively have the qualities it should have, or lacks the qualities declared by the seller/manufacturer.
The Consumer's Optional Rights
A consumer who encounters a defective good may choose any of the following rights set out in the law (Law No. 6502, Art. 11):
- Withdrawal from the contract - Returning the product and requesting a full refund of the price paid.
- Price reduction - Requesting a reduction in the sale price proportional to the defect.
- Free repair - Requesting that the seller remedy the defect free of charge.
- Replacement with a defect-free equivalent - Requesting that the product be replaced with a defect-free equivalent.
Notice of Defect and Limitation Period
The consumer must notify the seller of the defect within a reasonable time after becoming aware of it. Claims relating to a defective good are, as a rule, subject to a two-year limitation period running from the date of delivery of the good (this period does not apply if the defect was concealed).
The Position for Defective Services
In the case of a defective service (for example an incomplete or faulty renovation, or a consulting service), the consumer may likewise assert a right to a price reduction, re-performance of the service, withdrawal from the contract, or, where applicable, compensation (Law No. 6502, Art. 15).
The Consumer Arbitration Committee Route
For disputes below the monetary threshold set by law, an application to the Consumer Arbitration Committee is mandatory before filing a lawsuit; for disputes above that threshold, a case may be filed directly with the Consumer Court.
Conclusion
Consumers have four optional rights in the face of a defective good/service, and are free to choose whichever they prefer. It is important that the claim be placed in the correct legal category and that deadlines be observed.
You can prepare a petition for your Consumer Arbitration Committee application with Lawyer Services' Create Petition tool.