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What is the current policy on languages?
Consumers are entitled to receive invitations to buy, contract documents - including standard-form contracts - estimates, deposit slips, invoices and other commercial documents in Catalan.
More permanent information, such as that found in the establishments' posters and signs, must be also be in Catalan.
When is there a legal obligation to change a product or refund its payment?
There is a legal obligation to change products or refund their payment in the following circumstances:
- When the product is defective: individual consumers are entitled to have the product repaired or replaced where possible and proportionate. If, once repaired and delivered, the produce is still defective, consumers may opt to have it replaced, except where that would be disproportionate, or to receive a discount on its price or rescind the contract. Where the consumer opts to have the product replaced but the product remains defective, the consumer can choose between having it repaired or reduced in price or the contract rescinded.
- When, depending on the type of sale, the right of withdrawal applies: individual consumers are entitled to return the product within 14 calendar days after the sale and to ask for the return of their money for sales that have not been carried out in person in commercial establishments, such as long-distance sales (online, by telephone, by post etc.), or in the home of the individual consumer.
- When the establishment's offer, promotion, advertising or actual proof of purchase states that obligation.
Therefore, for products sold in perfect condition, you are advised to take into account the following:
- If the commercial establishment is silent about exchanges or refunds in its offers, advertisements or premises, it is understood that it does not accept product exchanges or refunds. Even so, you are strongly advised to inform your clients of all that in a clear and visible way while they make their purchase (e.g. “We do not accept exchanges or refunds for products in perfect condition”).
- If a commercial establishment intends to offer its clients the possibility of a product exchange or refund, it is essential it informs them of the terms and conditions for that in a clear, visible way in writing, in particular:
- The deadline (our advice is that this is at least 15 days).
- The place.
- Any exceptions, according to the nature of the product.
- Whether exchanges will be accepted during sales or special offer periods.
- Whether certain conditions need to be met before a product can be returned or exchanged (e.g. with its label intact, in its original packaging).
Where REFUNDS are accepted, information must be given on how they will be made (by crediting the payment card, in cash etc.)
Where product EXCHANGES are accepted, information must be given on the terms and conditions under which they will be made. Where it is not possible for a product to be exchanged for another of the same kind, information must be given on whether there is a possibility of:
- exchanging the product for another of a different kind, or for a voucher for the difference, or
- issuing a store credit. In this case, information must be provided on the store credit explaining its terms and conditions of use, in particular, with regard to when it expires and whether or not it will be accepted during sales periods.