New rights when buying online, by phone or away from the shop

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1. The law brings the European Consumer Rights Directive into Spanish law and amends the consolidated text of the General Law for the Defense of Consumers and Users.
2. It clarifies who counts as a consumer (anyone acting outside their business or trade, or non-profit entities acting outside commercial activity) and who counts as a trader (any person or entity, public or private, acting for business purposes).
3. The withdrawal period for distance contracts and contracts signed away from business premises becomes 14 calendar days. If the trader fails to inform about this right, the period extends by up to 12 more months. The law includes an optional withdrawal form.
4. The trader must refund everything paid, including delivery costs, within 14 calendar days of being told about the withdrawal. If the refund is unjustifiably delayed, the consumer can claim twice the amount owed.
5. Before a contract is signed, the trader must clearly disclose the total price with taxes, contact details and contract terms. In online shopping, the payment button must clearly state that the order involves a payment obligation.
6. Traders may not charge payment-method fees above their actual cost, and must get express consent for any extra payment; if they rely on default options, the consumer is entitled to a refund.
7. Purchased goods must be delivered within a maximum of 30 calendar days. The risk of loss or damage does not pass to the consumer until they take physical possession of the goods.
8. Abusive clauses are void from the start and treated as if they did not exist, and judges may no longer rewrite the contract to replace them, in order to comply with a Court of Justice of the European Union ruling.

Words worth knowing

Desistimiento (withdrawal right)

The right to cancel a contract without giving reasons and at no cost within the legal period.

Cláusula abusiva (abusive clause)

A contract term imposed by the business that unfairly harms the consumer.

Soporte duradero (durable medium)

Any means that lets you store information to consult it later, such as paper, email or a USB drive.

Contrato complementario (ancillary contract)

A contract for goods or services bought on the basis of a main contract, for example insurance linked to a purchase.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries