Consumer and user complaint forms

Until the new wording of Decree No. 3/2014, of January 31st, regulating the unified system for consumer and user complaints in the Autonomous Community of the Region of Murcia, adapted to Law 7/2017, of November 2nd, which incorporates Directive 2013/11/EU of the European Parliament and of the Council of May 21st, 2013, on alternative dispute resolution for consumer disputes, the following must be taken into account:

Article 40 and the fifth final provision of Law 7/2017, of November 2nd, which incorporates Directive 2013/11/EU of the European Parliament and of the Council of May 21st, 2013, on alternative dispute resolution for consumer disputes (BOE No. 268, November 4th, 2017), establishes the obligation of entrepreneurs to inform consumers and users about accredited entities for alternative dispute resolution for consumer disputes, within a maximum period of one month from its submission.

Specifically, entrepreneurs will provide consumers and users with information on the postal address, telephone number, fax, when applicable, and email address where the consumer and user, regardless of their place of residence, can file complaints or request information about the goods or services offered or contracted. Entrepreneurs will also communicate their legal address if it does not coincide with the usual address for correspondence.

In addition, entrepreneurs must respond to complaints received as quickly as possible and, in any case, within a maximum period of one month from the submission of the complaint.

When a complaint made directly by the consumer to the entrepreneur has not been resolved, the entrepreneur must provide the consumer with information on whether they are adhered to a consumer dispute resolution entity or if they are obliged by a rule or code of conduct to participate in the procedure before a specific entity. If not, they must provide information on at least one entity that is competent to hear the complaint, indicating whether they will participate in the procedure before the indicated entity or entities.

Furthermore, Article 41 of the aforementioned Law establishes that the failure to provide information by entrepreneurs to consumers as established in Article 40 will be considered a serious infringement in consumer protection.

On the other hand, we inform you of the content of Law 11/2006, of December 22nd, on the Retail Trade Regime and Commercial Equipment Plan of the Region of Murcia, modified by Law 10/2018, of November 9th, on Acceleration of the Transformation of the Regional Economic Model for the Generation of Quality Stable Employment, regarding obligations towards consumers and users, which establishes in Article 28: “Basic obligations towards consumers. Retailers or their representatives, in accordance with the provisions of the Statute of Consumers and Users of the Region of Murcia and its implementing regulations, and without prejudice to these, shall:”

b) Issue an invoice, receipt or proof of the transaction carried out in accordance with the current legislation on consumer protection.

c) Have complaint forms available to consumers and display a sign, preferably the model established in Annex III of Decree No. 3/2014, of January 31st, regulating the unified system for consumer and user complaints in the Autonomous Community of Valencia.

What are complaint forms?

Complaint forms are an institutional tool whose existence benefits both consumers and users as well as market agents, as they channel in a civilized manner the existence of a conflict between them, which the competent administrative body must subsequently resolve in accordance with the regulations.

Therefore, their friendly use is the key to their proper functioning.

The obligation to have complaint forms available to consumers and users falls on entrepreneurs who carry out business, professional, commercial or trade activities in the COMUNITY OF VALENCIA, carried out in a commercial establishment