Act on a Regulatory Framework for Retail Trade
Act 7/1996 of 15 January
CLD No. 1996/148
(Legislation
in effect)
TRADE. Regulatory framework for retail trade
THE CROWN
Official State Journal 17 January 1996, No. 15 [p. 1243]; corrig. Official State Journal 17
February 1996, No. 42 [p. 5825] (Spanish)
CONTENTS
____________________________________________________________________________
- Contents
- PREAMBLE
- TITLE I. General principles [Arts. 1 a 17]
- CHAPTER I. Basic concepts[Arts. 1 a 7]
- Article 1. Object
- Article 2. Retail premises
- Article 3. Free enterprise
- Article 4. Free movement of goods
- Article 5. Freedom of commercial establishment
- Article 6 . Establishment of retail businesses
- Article 7. Licensing procedures
- CHAPTER II. Commercial offering [Arts. 8 a 12]
- Article 8. Prohibited retail sales
- Article 9. Obligation to sell
- Article 10. Right of renunciation
- Article 11. Contract formalities
- Article 12. Guarantee and after-sales service
- CHAPTER III. Prices [Arts. 13 a 15]
- Article 13. Freedom of price
- Article 14. Dumping prohibition
- Article 15. Lower prices for special consumer communities
- CHAPTER IV. Retailer purchases [Arts. 16 a 17]
- Article 16. General regulations
- Article 17. Payments to suppliers
- TITLE II. Sales promotion activities [Arts. 18 a 35]
1
- CHAPTER I. General [Arts. 18 a 23]
- Article 18. Concept
- Article 19. Information
- Article 20. Consistency in price reduction
- Article 21. Determination of articles offered
- Article 22 . Multi-level sales
- Article 23 . Prohibition of pyramid scheme sales
- CHAPTER II. End-of-season sales [Arts. 24 a 26]
- Article 24. Concept
- Article 25. End-of-season sales periods
- Article 26. Quality of merchandise on sale
- CHAPTER III. Promotional sales [art. 27]
- Article 27. Concept
- CHAPTER IV. Seconds [Arts. 28 a 29]
- Article 28. Concept
- Article 29. Duty of information
- CHAPTER V. Clearance sales [Arts. 30 a 31]
- Article 30. Concept
- Article 31. Duration and y reiteration
- CHAPTER VI. Complimentary gift sales [Arts. 32 a 34]
- Article 32 . Concept
- Article 33. Delivery of complimentary gifts
- Article 34. Prohibition of joint offers
- CHAPTER VII. Direct-to-consumer sales offerings [art. 35]
- Article 35. Veracity of the offer
- TITLE III. Special sales [Arts. 36 a 62]
- CHAPTER I. General [Arts. 36 a 37]
- Article 36. Concept
- Article 37. Authorisation
- CHAPTER II. Distance sales [Arts. 38 a 48]
- Article 38. Concept
- Article 39. Contract proposal
- Article 40. Prior information
- Article 41. Need for explicit consent
- Article 42. Prohibition of inertia selling
2
- Article 43. Fulfilment and payment
- Article 44. Right of renunciation
- Article 45. Exceptions to the right of renunciation
- Article 46. Credit card payments
- Article 47. Information
- Article 48. Consumers’ rights
- CHAPTER III. Vending machine sales [Arts. 49 a 52]
- Article 49. Concept
- Article 50 . Mandatory information
- Article 51. Refunds
- Article 52. Liability
- CHAPTER IV. Street or itinerant sales [Arts. 53 a 55]
- Article 53. Concept
- Article 54 . Authorisation
- Article 55. Identification
- CHAPTER V. Public auction sales [Arts. 56 a 61]
- Article 56. Concept
- Article 57. Auction sale agreements
- Article 58. Auction sale offer
- Article 59. Relationship between auction house and bidders
- Article 60. Documentation
- Article 61. Effects of auction sale
- CHAPTER VI. Franchise retailing [art. 62]
- Article 62. Franchise regulation
- TITLE IV. Infringements and penalties [Arts. 63 a 71]
- CHAPTER I. General principles [art. 63]
- Article 63. Enforcement
- CHAPTER II. Types of infringements [Arts. 64 a 67]
- Article 64. Minor infringements
- Article 65. Serious infringements
- Article 66. Very serious infringements
- Article 67. Recurrence
- CHAPTER III. Penalties [Arts. 68 a 71]
- Article 68. Fines
- Article 69 . Scaling
3
- Article 70. Lapsing of infringements
- Article 71. Temporary suspension of business activity
- ADDITIONAL PROVISIONS
- One
- Two
- Three
- Four
- Five
- Six
- Seven. Offsetting debt in the event of liability for non-compliance
- Eight. Projects subject to environmental impact assessment
- Nine. Accessibility
- Ten. Urban planning for commercial use
- Eleven. Legal system governing retail distribution contracts
- TRANSITIONAL PROVISION
- One
- Two. System governing deferral of payments owed to retail establishment
suppliers
- ABROGATORY PROVISION
- Sole provision
- FINAL PROVISION
- Sole provision
Notes on implementation
__________________________________________________________________________
Supplemented by Constitutional Act 2/1996 of 15 January, Chronological Legislative
Digest (CLD) No. 1996\146 [Date of entry into force (DEF) 07-02-1996]
Applied in areas not covered by Regional Act 17/2001 of 12 July, Legislative Digest of
Navarre [LDN] No. 2001\228[DEF 17-07-2001]
Implemented under Decree 12/2000 of 8 March, Legislative Digest of Cantabria
[LDCTB) No. 2000\56 [DEF 21-07-2004]
PREAMBLE
The profound change taking place in retail distribution in Spain, the adoption of
new sales methods and the challenges of membership in the European Union, added to
the dispersion of the existing legislation, have occasioned the need for a legislative
effort to systematize, modernize and adapt such legislation to market realities.
4
To operate smoothly, the Spanish economy needs an efficient distribution system
that can ensure an adequate supply of consumer goods with the highest level of service
possible and at the minimum distribution cost. To reach this aim, the market must be
able to guarantee optimum allocation of resources through free and fair competition.
To reach this aim, the market must be able to guarantee optimum allocation of
resources through free and fair competition.
In this regard, the establishment of a framework of good commercial practice
should provide for better performance by all the actors involved, the effects of which
will signify more effective competition. This can be achieved by creating a legal
framework of minimum standards, which may be supplemented with Codes of
Conduct freely established by the industry for its own self-governance.
Moreover, developments in recent years have led to the simultaneous operation of
two complementary systems of distribution in Spain: the first consisting of modern
enterprises and technologies and the second of traditional retailers who continue to
render important service to Spanish society and play an instrumental role in the
stability of the labour force, but who must upgrade and mechanise their businesses to
successfully operate in an environment of free competition.
The complementary relations between the two systems must also be taken into
consideration by the law-maker.
It is likewise essential to ensure the establishment, without delay, of a legal
framework for the new retail formulas that have been arising, since the commercial
nature of such formulas presently positions them within the scope of the principle of
freedom of contract which, on more than a few occasions, has resulted in notorious
abuse - to the detriment of the buyers -, a situation which needs to be remedied by the
enactment of binding regulations and effective public intervention.
Consequently, the Act not only intends to establish the rules of the game for
distribution and regulate the formulas presently in use in contracting practice, but also
aspires to lay the groundwork for the modernization of Spanish retail structures,
contributing to correct the imbalance between small and large retailers and, above all,
maintaining free and fair competition. There is little point in stressing the obvious, i.e.,
that the most immediate and tangible effects of such free and fair competition are
ongoing improvements in terms of price, quality and other supply-side aspects of the
goods and services provided to the public, which ultimately means that consumers
benefit from a more efficient market.
Lastly, attention is drawn to the fact that, as Constitutional Court case law has
repeatedly shown, this is a domain characterized by a complex interweave of
competencies, at both the central and regional government levels.
TITLE I General principles
CHAPTER I Basic concepts
Article 1
Object
1. The primary purpose of the present Act is to establish a general legal framework
for retail trade, and regulate as well certain special sales and commercial and
5
promotional activities, without prejudice to laws enacted by autonomous communities
in the exercise of their competencies in the area.
2. For the intents and purposes of the present Act, retail trade is understood to be
any activity conducted professionally for profit and consisting of the offer of any kind
of articles for sale to final users, to which the existence of business premises is not
requisite.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: par. 2, regulation homologous with Art. 3 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Andalusia: par. 1, regulation homologous with Art. 1 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: par. 2, regulation homologous with Art. 2 of Act
9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Aragon: par. 1, regulation homologous with Art. 1 of Act
9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: par. 2, regulation homologous with Art. 2, par. 1
of Act 4 /1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Canarias: par. 1, regulation homologous with Art. 1 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: par. 2, regulation homologous with Art. 2, par.
1 of Legislative Decree 1/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Autonomous Community of Catalonia: par. 1, regulation homologous with Art. 1 of
Legislative Decree 1/1993/ of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Community of Madrid: par. 2, regulation homologous with Art. 2 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Community of Madrid: par. 1, regulation homologous with Art. 1 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: par. 2, regulation homologous with Art. 2, par.
3 of Act 1/2002 of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Cantabria: par. 1, regulation homologous with Art. 1 of
Act 1/2002 of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: par. 2, regulation homologous with Art.
3, par. 1 of Act 16/ 2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: par. 2, regulation homologous with Art.
2 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: par. 1, regulation homologous with Art.
1 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: par. 2, regulation homologous with Art. 4 of
Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: par. 1, regulation homologous with Art. 1,
par. 1 of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: par. 2, regulation homologous with Art. 2, par. 3
of Act 10/ 1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
6
Autonomous Community of Galicia: par. 1, regulation homologous with Art. 1, par. 1
of Act 10/ 1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: par. 2, regulation homologous with Art.
2 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Autonomous Community of the Balearic Isles: par. 1, regulation homologous with Art.
1 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: par. 1, regulation homologous with Art. 1 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: par. 2, regulation homologous with Art. 1, par. 2 of Act 11/ 2006 of
22 December, LRM No. 2007\4 [DEF 03-03-2007]
Region of Murcia: par. 1, regulation homologous with Art. 1, par. 1 of Act 11/ 2006 of
22 December, LRM No. 2007\4 [DEF 03-03-2007]
Article 2 Retail premises
1. Fixed and permanent, individual or shared premises and buildings or facilities
used on a regular basis for commercial activities, either continuously or on certain days
or in given seasons of the year, shall be considered to be retail premises.
2. Kiosks and, in general, any kind of facility that fulfils the purpose specified in
the preceding paragraph, are included thereunder, provided they can be regarded to
be real property under the terms of 334 of the Civil Code.
Notes on updates
__________________________________________________________________________
Amended by Art. 1 of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 2, par. 1 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Canarias: regulation homologous with Art. 13 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Community of Madrid: regulation homologous with Art. 16 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 5 of Act
1/2002/of 26 February, LCTB No. 2002\50
[DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 16 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 35, par. 3
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 12 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 14 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
7
Region of Murcia: regulation homologous with Art. 7 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 3 Free enterprise
Commercial business is conducted under the free enterprise principle and in the
context of a market economy, pursuant to the provisions of Article 38 of the
Constitution.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Aragon: regulation homologous with Art. 3 of Act 9/1989
of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Castile and Leon: regulation homologous with Art. 5
letter b) of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Galicia: regulation homologous with Art. 3 of Act 10/1988
of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Article 4
Free movement of goods
1. The principle of free movement of merchandise is recognized on Spanish soil,
pursuant to the provisions of Article 139.2 of the Constitution.
2. The public authorities shall adopt suitable measures to prevent distortion of the
free movement of goods.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Castile and Leon: regulation homologous with Art. 5
letter c) of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Article 5
Freedom of commercial establishment
1. The legitimate use of land for the establishment of places of commercial business
is a right covered by the free enterprise principle stipulated in Article 3 of the present
Act.
2. The public authorities shall protect free business initiative for the establishment
and fitting of commercial establishments in the framework of the provisions of the
existing legislation.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Castile and Leon: regulation homologous with Art. 5
8
letter d) of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Galicia: regulation homologous with Art. 5 of Act 10/1988
of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Article 6
Establishment of retail businesses
1. As a general rule, the establishment of retail businesses shall not be subject to
any system of commercial authorisation.
That notwithstanding, the establishment of retail businesses may be subject to an
authorisation granted indefinitely when, considering the principle of proportionality
pursuant to Article 5 c) of Act 17/2009 of 23 November on free access to the provision
of services, and the principle of non-discrimination, pressing, retail distribution-related
reasons of general interest are found to concur, in accordance with the provisions of
the following paragraph and sufficiently substantiated in the legislation establishing
such a system.
Further to the terms of paragraph 3 of this article, economic reasons shall under no
circumstances constitute pressing reasons of general interest for the intents and
purposes of the imposition of an authorisation system.
2. The requirements laid down for the establishment of retail businesses shall
address pressing, retail distribution-related issues of general interest as well as
concerns around the protection of the natural and urban environments, land
management and the conservation of the historic and artistic heritage.
In any event, the requirements and as appropriate the criteria for granting
authorisation must be proportionate, non-discriminatory, clear and unambiguous,
objective, made public in advance, predictable, transparent and accessible.
3. Under no circumstances may economic requirements be established that make
authorisation contingent upon the proof of the existence of economic need, market
demand or the evaluation of the real or possible economic effects of the activity, or
upon the performance of an appraisal of whether the activity is in line with the
competent authority’s economic objectives or of an assessment of whether the products
or services to be sold are of a given type or origin. The pressing reasons of general
interest invoked may not constitute a cover for economic planning requirements.
In addition, the establishment of retail businesses shall honour the provisions of
Articles 10 and 11 of Act 17/2009 of 23 November on the Free Provision of Services.
4. It is incumbent upon the autonomous communities and the cities of Ceuta and
Melilla to regulate the authorisation procedures for the establishment of retail
businesses referred to in paragraph 2 of this article and to designate the regional or
local authority competent to rule on applications for authorisation. Such procedures
shall coordinate all the administrative processes required to establish retail businesses.
Without prejudice to the regulations adopted by the autonomous communities in this
regard, applications must be processed in no more than six months. The absence of
explicit resolutions shall be interpreted to constitute an affirmative response except in
the instances described in Article 6 of Act 17/2009 of 23 November on the Free
Provisions of Services. Award of the authorisation may not be made contingent upon
9
direct or indirect competitor intervention in authorisation award procedures, even in
advisory bodies, without prejudice to the channels established for inquiries open to the
public at large. Authorisations may be freely transferred by their holders. The
awarding authority must, however, be notified of such transfers for the sole purpose of
information.
Notes on updates
_________________________________________________________________________
Amended by Sole Art., 2 of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on homologous legislation
_________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 23 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF: 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 14 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 16 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Community of Madrid: regulation homologous with Art. 18 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 6 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 18 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: par. 2, regulation homologous with Art. 37
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: par. 1, regulation homologous with Art. 37
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 6 of Act 10/1988
of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 13 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 21 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 8 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 7
Licensing procedures
The award of the licences referred to in the preceding article shall be incumbent
upon the respective Autonomous Community.
Notes on updates
10
________________________________________________________________________
Repealed by Sole Abrogatory Provision of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on homologous legislation
_________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 25, par. 2 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Community of Madrid: regulation homologous with Art. 19 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Castile and Leon: regulation homologous with Art. 20 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Principality of Asturias: regulation homologous with Art. 22 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
CHAPTER II
Commercial offering
Article 8
Prohibited retail sales
1. Retailing may not be conducted either by the natural persons or bodies corporate
specifically prohibited to engage therein, or by sole proprietors or companies engaging
in an activity governed by special legislation whereby their business is restricted to
that activity only.
2. The display and sale of merchandise for sale to buyers is expressly prohibited
when such goods are obtained from organisations engaging in a non-commercial
activity and whose main purpose, resulting from the business in which they primarily
engage, is to establish loans, deposits or similar operations associated with the
commercial supply of the goods offered in a manner such that one activity could not be
performed without the other.
In any event, such circumstance shall be assumed to exist where the buyer is able to
order or acquire merchandise in establishments run by such persons.
3. Violation of the provision in the preceding paragraph shall be punishable in
accordance with the stipulations of the present Act, irrespective of any responsibilities
deriving, as appropriate, from special legislation and without prejudice of whether
subjecting the same event to double jeopardy is in order or otherwise.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 12 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 9 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 7 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
11
Article 9
Obligation to sell
1. The public sale or display of articles in commercial premises entails the
obligation on the part of the holder of title thereto to proceed to sell such articles to
anyone in a position to purchase them - attending, in the second case, to the order of
receipt of requests. Objects expressly marked as not for sale or objects that clearly form
a part of the premises or decoration, are not subject to this obligation.
2. Retailers may not limit the quantity of articles that may be purchased by each
buyer or establish higher prices or eliminate discounts or incentives for purchase in
excess of a certain volume. In the event that an establishment open to the public does
not have sufficient stock to cover demand, the latter shall be met by order of request.
Notes on homologous legislation
__________________________________________________________________________
Region of Murcia: regulation homologous with Art. 27 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 10
Right of renunciation
1. When buyers, in the exercise of a previously acknowledged right, return a
product, they shall be under no obligation to indemnify the seller for the wear or
damage thereto caused simply by the trials necessary to reach a final decision on
whether or not to purchase it , provided the condition of the product is not altered
when returned. Sellers may not demand advance payment or security, which includes
the acceptance of bills of exchange, to guarantee seller compensation should the
merchandise be returned. Sellers may not demand advance payment or security, which
includes the acceptance of bills of exchange, to guarantee seller compensation should
the merchandise be returned.
2. If no deadline by which buyers may desist from the purchase commitment is
established, the time allotted shall be seven days.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Castile and Leon: regulation homologous with Art. 7 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Article 11
Contract formalities
1. The contracts and bills of sale referred in the present Act shall not be subject to
any formality whatsoever other than as expressly laid down in the Civil Code and
Code of Commerce and in this or other special acts.
12
2. That notwithstanding, when the agreement is not concluded simultaneously with
delivery of the object or when the buyer is authorised to desist from the purchase, the
retailer must issue an invoice, receipt or similar document specifying the buyer's
specific rights or guarantees and any portion of the price that has been paid.
3. In any event, buyers may always demand a document specifying, at least, the
object purchased, price and date of the transaction.
Article 12
Guarantee and after-sales service
1. Sellers shall be accountable for the lack of conformity of the goods sold with the
bill of sale, under the terms defined by the legislation in effect.
2. Products intended for sale may carry a commercial guarantee, which shall oblige
the person offering it to honour the conditions laid down in the warranty and the
respective advertising. Any such additional commercial guarantee offered by the seller
must in any event meet legal requirements in respect of guarantees for consumer
goods.
3. The producer or otherwise the importer shall in any event ensure the existence
of suitable technical service for the durable goods they manufacture or import, as well
as the supply of replacement parts for a period of at least five years from the date on
which manufacture of the product is discontinued.
4. The recovery or right thereto of goods entrusted by the consumer or user to a
retailer for repair shall expire three years after the date of deposit. The details that must
be provided by a retailer entrusted with an object for repair and the manner in which
custody may be substantiated shall be established under the respective regulations.
Notes on updates
____________________________________________________________________________
Amended by Art. 1 of Act 47/2002 of 19 July, CLD No. 2002\2980
Notes on implementation
____________________________________________________________________________
1 implemented under Sole Art., 2 of Royal Decree 1507/2000 of 1 September, CLD No.
2000\2072 [DEF 13-09-2000]
1 implemented under Annex II of Royal Decree 1507/2000 of 1 September, CLD No.
2000\2072. [DEF 13-09-2000]
2 implemented under Sole Art., 2 of Royal Decree 1507/2000 of 1 September, CLD No.
2000\2072 [DEF 13-09-2000]
2 implemented under Annex II of Royal Decree 1507/2000 of 1 September, CLD No.
2000\2072 [DEF 13-09-2000]
3 implemented under Sole Art., 2 of Royal Decree 1507/2000 of 1 September, CLD No.
2000\2072 [DEF 13-09-2000]
3 implemented under Annex II of Royal Decree 1507/2000 of 1 September, CLD No.
2000\2072 [DEF 13-09-2000]
13
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Castile and Leon: regulation homologous with Art. 11 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
CHAPTER III
Prices
Article 13
Freedom of price
1. The selling price of articles shall be freely determined and offered for general sale
pursuant to the legislation on defence of free and fair competition, with the exceptions
established in special laws.
2. That notwithstanding, the central Government, after hearing the industries
involved, may set the prices or mark-ups on certain products, or subject modification
thereof to governmental control or prior authorization, in the following cases:
a) in the event of products covering primary needs or strategic prime materials
b) in the event of goods produced or marketed under monopoly arrangements or
government franchise
c) as a measure supplementary to production regulation policies or subsidies or
other State aid to specific enterprises or industries
d) exceptionally and for as long as the circumstances occasioning intervention
persist, when a given industry is observed to lack effective competition, where there
are serious obstacles to market operation or in the event of shortage of supply.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Aragon: regulation homologous with Art. 5 of Act 9/1989
of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 9 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Canarias: regulation homologous with Art. 8 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 7 of
Legislative Decree 9/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Autonomous Community of Castile and Leon: regulation homologous with Art. 10 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Galicia: regulation homologous with Art. 37 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of Galicia: regulation homologous with Art. 36 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Principality of Asturias: regulation homologous with Art. 10 of Act 10/2002 of 19
14
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 29 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 14
Dumping prohibition
1. Notwithstanding the provisions of the preceding article, merchandise may not
be sold to the public at a loss, outside of the circumstances regulated under Chapters
IV and V of the present Act, unless the organisation selling under such terms does so to
match the price of one or several competitors able to significantly affect its sales, or in
the event of perishable goods approaching the end of their marketable life.
In any event, the provisions of the Act on Unfair Competition must be honoured.
2. For the intents and purposes specified in the preceding article, a retailer shall be
considered to be selling at a loss when the price applied to a product is lower than the
purchase price computed as the price shown on the invoice, less the respective share of
any discounts applicable to the product in question, or than the replacement price if
lower than the foregoing or than the effective production cost if the article is
manufactured by the retailer, plus any indirect taxes levied on the operation.
Invoices and all the terms thereof shall be understood to be accepted and
acknowledged by the consignees when they have not been challenged within twenty
five days following issue. In the event they are not accepted, an additional period of
ten days is granted for rectifying and re-issuing the duly corrected invoice. For the
purposes of the provisions of this article, account shall not be taken of the
modifications contained in invoices rectified and re-issued on dates subsequent to the
deadlines specified.
3. For the intents and purposes of deductions on the price referred in the preceding
paragraph, remuneration or any manner of discounts that involve consideration for
services rendered shall not be computed.
4. Under no circumstances whatsoever may joint offers or complimentary gifts be
used to circumvent the application of the provisions of the present article.
Notes on updates
____________________________________________________________________________
Par. 2, indent 2 added by Art. 56.1.1 of Act 55/1999 of 29 December, CLD No.
1999\3245
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Aragon: regulation homologous with Art. 39 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 32 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Community of Madrid: regulation homologous with Art. 40 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
15
Autonomous Community of Cantabria: regulation homologous with Art. 13 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 12 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 26 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 31 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 35 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Article 15
Lower prices for special consumer communities
Commercial organisations created to supply products to certain consumer
communities and which receive any manner of aid or subsidy for this purpose may not
offer such products to the general public or persons other than the intended
beneficiaries.
CHAPTER IV
Retailer purchases
Article 16
General regulations
The legal framework for retailer purchase of any kind of products shall be subject
to civil and commercial law and the stipulations laid down in the following article.
Article 17
Payments to suppliers
1. In the absence of an explicit payment period, merchandise received by retailers
shall be understood to be payable within thirty days of delivery.
2. Retailers receiving the respective goods shall be obliged to immediately
document delivery and receipt thereof, with explicit reference to the date.
Similarly, suppliers’ invoices must specify the due date.
Should all or any of the merchandise be covered by a retention of title clause, this
shall likewise be specified on the invoice, which must, in any event, be the outcome of
a duly substantiated agreement reached by supplier and retailer prior to delivery.
Invoices must be forwarded to retailers within thirty days of delivery and receipt of
the merchandise.
3. Payment for fresh and perishable foodstuffs may under no circumstances be
deferred for over thirty days. Other foodstuffs and consumer goods shall be payable
within sixty days except where explicitly covenanted otherwise, and subject to
16
financial compensation for the supplier for the extension. Under no circumstances may
payment be deferred for more than ninety days.
Fresh and perishable foodstuffs shall be understood to be groceries which, due to
their natural characteristics, are apt for sale and consumption for less than thirty days
or which require regulated temperatures during display and shipping. Consumer
goods are consumables with a high shelf turnover rate, routinely and repeatedly
purchased by consumers.
The Government shall issue regulations within three months’ time defining the
products referred to in the preceding paragraph.
4. When retailers agree with their suppliers to payment terms of over sixty days
from the date of delivery and receipt for non-perishable, non-fresh, non-consumer
merchandise, payment must be effected under an enforceable negotiable instrument,
with explicit reference to the maturity date shown on the invoice. When the goods
become payable in over ninety days, this instrument shall be endorsable. In any event,
the instrument must be issued or accepted by retailers within thirty days of receipt of
the merchandise, provided the invoice has been sent. The seller may make deferrals of
over one hundred twenty days contingent upon submission of a surety or commercial
bond or credit insurance.
5. Late payment interest shall always accrue automatically beginning on the day
following the maturity date or, in the absence of an agreement on payment terms, the
date on which payment should have been made further to the provisions of paragraph
1. In such cases, the rate used to compute the interest payable shall be the rate laid
down in Article 7 of the Act Establishing Measured to Combat Late Payment in
Commercial Transactions, unless the contract concluded by the parties stipulates some
other rate, which may under no circumstances be less than 50 per cent over the legal
interest rate.
6. For the intents and purposes of the provisions of the present article and with
exclusive regard to consumables, the delivery date shall be understood to be the date
on which delivery effectively occurred, even where, initially, the delivery slip differs
from the purchase date, provided the merchandise is ultimately purchased by the
recipient.
Notes on updates
___________________________________________________________________________
Par. 5 amended by Final Provision 2.1 of Act 3/2004, of 29 December, CLD No.
2004\2678
Par. 4 amended by Final Provision 2.1 of Act 3/2004, of 29 December, CLD No.
2004\2678
Par. 3 amended by Final Provision 2.1 of Act 3/2004, of 29 December, CLD No.
2004\2678
Par. 1 amended by Final Provision 2.1 of Act 3/2004, of 29 December, CLD No.
2004\2678
Par. 2 amended by Art. 2 of Act 47/2002 of 19 December, CLD No. 2002\2980
Par. 2, indent 3 added by art. 56.1.2 of Act 55/1999 of 29 December, CLD No.
17
1999\3245
Par. 6 renumbered by Art. 56.1.5 of Act 55/1999 of 29 December, CLD No. 1999\3245
(formerly par. 5)
Notes on implementation
Par. 3 implemented under Royal Decree 367/2005 of 8 April, CLD NO. 2005\849 [DEF
28-04-2005]
Notes on homologous legislation
Community of Madrid: regulation homologous with Art. 42 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Community of Madrid: regulation homologous with Art. 41 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
TITLE II
Sales promotion activities
CHAPTER I
General
Article 18
Concept
1. Sales promotion activities shall cover end-of-season sales, sales offers or
promotions, seconds sales, clearance sales, complimentary gift sales and direct-tocustomer sales offerings.
2. The above terms may only be used to advertise sales in line with the regulations
laid down in the present Act and the use of such terms or similar wording to advertise
sales that do not conform to the respective legal concept is expressly prohibited.
3. The use of the aforementioned terms outside the regulatory context established
hereunder for each type of sales promotion activity shall be regarded as unfair when
concurrent with the circumstances set out in Article 5 of the Act on Unfair
Competition.
Notes on updates
__________________________________________________________________________
Para. 3, added by Art. 4.1 of Act 29/2009 or 30 December, CLD No. 2009\2633
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 16 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with art. 29 of
Act 16/2002 of 19 December [DEF 14-01-2003]
Autonomous Community of Galicia: regulation homologous with Art. 14 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Principality of Asturias: regulation homologous with Art. 34 of Act 10/2002 of 19
18
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 42 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 19
Information
1. Advertising for the sales referred in the preceding article must specify the
duration and any specific terms or conditions to which they may be subject.
2. When the special offerings do not include at least half of the articles for sale, the
promotion in question may not be advertised as a store-wide sale, but referred only to
the articles or sections actually involved.
3. Offerings of products with a prize or gift shall be regarded to be misleading
when the consumer does not actually and effectively receive what may reasonably be
expected under the terms of the offer.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 17 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 30
letter c) of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 30
letter b) of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 30
letter d) of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Principality of Asturias: regulation homologous with Art. 36 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 45 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 20
Consistency in price reduction
1. Whenever articles are offered at a reduced price, the sales and former price must
be clearly specified on each article, except for articles offered for the first time.
The former price shall be understood to mean the price applied to identical
products during at least thirty days in the last six months.
2. Notwithstanding the foregoing, where a whole set of articles is to be discounted
at a given percentage, a general announcement to that effect shall suffice and in such
cases the offer need not be specified on every article on sale.
Notes on homologous legislation
19
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 18 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 30
letter d) of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Region of Murcia: regulation homologous with Art. 47 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 21
Determination of articles offered
Where some articles are sold at the normal price and others at the sale price, they
must be separated in a manner such that consumers cannot be reasonably expected to
fail to distinguish between objects that are on sale from those that are not; and a
distinction must also be made, as appropriate, between end-of season, leftover item,
clearance, promotional and complimentary gift sales.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 19 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Principality of Asturias: regulation homologous with Art. 38 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 22
Multi-level sales
1. Multi-level sales is a special form of retailing in which a manufacturer or
wholesale merchant sells its goods or services through a network of independent but
networked retailers and/or dealers whose profits are obtained as a margin based on
the retail price, allocated via variable percentages of the total turnover generated by all
the sellers operating in the commercial network and in proportion to each component's
sales. For the intents and purposes of the provisions of this article, independent
retailers and dealers shall be regarded as entrepreneurs for the purposes of the General
Act on Consumer and User Protection and supplementary legislation.
2. Marketing products and services under such arrangements is prohibited when:
a) it is unfair to consumers further to the provisions of Article 26 of Act 3/1991 of 10
January on Unfair Competition
b) suitable guarantees are not in place to ensure that either distributors are hired
under due terms of employment or meet the legal requirements to conduct commercial
activities
c) new distributors are obliged to buy a minimum supply of the products
distributed with no agreement for repurchase under the same terms.
4. Under no circumstances may the manufacturer or wholesaler managing the
20
network make access to the network contingent upon payment of a quota or cannon,
except for sums equivalent to the cost of a packet including promotional, informative
or training materials provided at a price similar to analogous items on the market,
which sums may not be in excess of an amount stipulated in the regulations.
Where a repurchase agreement is in place, the products must be returnable unless
they are in a condition that clearly prevents subsequent sale.
Notes on updates
____________________________________________________________________________
Amended by Art. 4.2 of Act 29/2009 of 30 December, CLD No. 2009\2633
Notes on homologous legislation
____________________________________________________________________________
Principality of Asturias: regulation homologous with Art. 39 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 23
Prohibition of pyramid scheme sales
Pyramid sales schemes are the procedures defined in Article 24 of Act 3/1991 of 10
January on Unfair Competition; contractual terms that run counter to the provisions of
that precept shall be null and void.
Notes on updates
____________________________________________________________________________
Amended by Art. 4.3 of Act 29/2009 of 30 December, CLD No. 2009\2633
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 70 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 25 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 43 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 33 of
Legislative Decree 9/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Autonomous Community of Castile and Leon: regulation homologous with Art. 31 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 27 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Principality of Asturias: regulation homologous with Art. 40 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
CHAPTER II
End-of-season sales
21
Article 24
Concept
1. End-of-season sales entail selling the articles that are on sale in the same retail
establishment that ordinarily sells such items, but at a price lower than the price in
place prior to the sale.
2. The sale of products not previously for sale at an ordinary price, of flawed
products or products specifically purchased to be sold at a lower than ordinary price
may not be regarded as an end-of-season sale.
Notes on homologous legislation
Autonomous Community of Andalusia: regulation homologous with Art. 74 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 41 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 34 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 34 of
Legislative Decree 9/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 34 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 22 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 32,
par. 1 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 20, par. 1
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 15, par. 2 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of Galicia: regulation homologous with Art. 15, par. 1 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 25 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Article 25
End-of-season sales periods
1. End-of-season sales may only be run twice a year: once at the beginning of the
year and the other around the summer holiday season.
2. The duration of each seasonal sale shall be at least one week and at most two
months, at the retailer's discretion, within specific dates to be established by the
competent regional authorities.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 23 of Act
1/2002 of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
22
Autonomous Community of Castile and Leon: regulation homologous with Art. 32,
par. 3 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 32,
par. 2 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 20, par. 4
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: regulation homologous with Art. 20, par. 3
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 15, par. 4 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 28 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 43 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 26
Quality of merchandise on sale
1. The articles on sale at the end of the season must have been included, for at least
one month, in the normal sales offering and may not have been the object of any
promotional activity whatsoever during the month preceding the starting date of the
end-of-season sale.
2. The sale of flawed articles as part of the end-of-season offering is expressly
prohibited.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Aragon: regulation homologous with Art. 42 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 35 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Cantabria: regulation homologous with Art. 24 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 32,
par. 5 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 32,
par. 4 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 20, par. 2
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 15, par. 3 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Principality of Asturias: regulation homologous with Art. 44 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
23
CHAPTER III
Promotional sales
Article 27
Concept
1. Promotional sales include any sale not specifically covered under the other
chapters of the present title, in which articles are sold at a lower price or under more
favourable than normal terms to enhance the sale of certain products or attract
customers to one or several shops or premises.
2. Promotional items may not be flawed or of a lower quality than the same
products intended for ordinary offerings at the normal price in the future.
3. Promotional sales shall be subject to the provisions of Articles 33 and 34 of the
present Act.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 67 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 38 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 31 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Community of Madrid: regulation homologous with Art. 32 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Castile and Leon: regulation homologous with Art. 36 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 17 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 21 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 23 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 41 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
CHAPTER IV
Seconds
Article 28
Concept
1. Seconds are defined as products whose market value is substantially
compromised due to damage, flaws, disuse or obsolescence. End-of-season surplus
24
goods with no such flaws may not be so regarded.
2. The sale of products involving a hazard for or that are misleading to the buyer,
or of products not really sold at a lower than ordinary price, may not be regarded as
seconds sales.
3. Nor may sales involving products that did not belong to the retailer six months
prior to the date of the promotion be so regarded, except in the case of establishments
specifically engaging in this type of retailing.
Notes on updates
__________________________________________________________________________
Par. 1 amended by Sole Art., 3 of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 79 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 46 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 39 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 39 of
Legislative Decree 9/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 38 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 26 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 33 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 21 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 16 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 27 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Article 29
Duty of information
1. Seconds sales must necessarily be advertised under this term or as "leftover
sales".
2. Where damaged or flawed merchandise is to be sold, this circumstance must be
clearly and visibly stated.
Notes on homologous legislation
25
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 80 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Catalonia: regulation homologous with Art. 42 of
Legislative Decree 9/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 27 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Galicia: regulation homologous with Art. 17 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Principality of Asturias: regulation homologous with Art. 47 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
CHAPTER VI
Clearance sales
Article 30
Concept
1. Clearance sales are understood to be exceptional sales intended to deplete
certain product stocks and which, advertised under this or some similar term, are held
as a result of a court or governmental ruling, or conducted by the retailer or anyone
acquiring the retail business under whatever title in any of the following
circumstances:
a) total or partial discontinuation of business, subject to specification of the kind of
merchandise involved in the clearance in the latter case.
b) change of line of business or substantial modification in business orientation.
c) relocation or substantial remodelling.
d) Any force majeure event that severely and adversely impacts normal business
activity.
2. Products that did not form part of the establishment's inventory or which were
purchased by the retailer to include them as part of the liquidation proceedings may
not be the object of this type of sales procedure.
3. In any event, clearance sales must be discontinued if the cause occasioning them
disappears or if the stock of products on sale are depleted.
4. Advertisements for clearance sales must specify the reason for the sale.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 84 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 44 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 37 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 36, par. 2 of
26
Legislative Decree 1/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Autonomous Community of Catalonia: regulation homologous with Art. 36, par. 1 of
Legislative Decree 1/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 35 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 28 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 34,
par. 4 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 34,
par. 3 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 34,
par. 2 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 34,
par. 1 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 22 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 19 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 26 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Article 31
Duration and reiteration
1. The maximum duration of clearance sales shall be three months, except in the
event of going out of business sales, when the which may last for one year.
2. For three years after conclusion of a going out of business sale, the retailer may
not sell products in the same town or city that are similar to the goods constituting the
object of a clearance sale undertaken for the reasons specified in paragraphs a) and b)
of Article 1.
Nor may the seller proceed to another clearance sale in the same establishment
except if undertaken to execute a court or governmental ruling, or in the event of total
liquidation or for force majeure.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 86 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Catalonia: regulation homologous with Art. 36, par. 3 of
Legislative Decree 1/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 29 of Act
1/2002 of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 34,
27
par. 6 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 34,
par. 5 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Principality of Asturias: regulation homologous with Art. 48 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
CHAPTER VI
Complimentary gift sales
Notes on updates
____________________________________________________________________________
Heading amended by Art. 4.4 of Act 29/2009 of 30 December, CLD No. 2009\2633
Article 32
Concept
1. Complimentary gift sales are sales intended to promote turnover by offering
buyers a prize of whatsoever nature, either straightforwardly or by participation in a
drawing or contest.
Sales with a prize are sales offering an incentive or advantage associated with the
purchase of a product or service.
2. When the incentive is a drawing, the provisions of the present Act shall be
applicable without prejudice to the terms of existing industry-specific legislation.
3.
Complimentary gift sales are regarded as unfair competition in the
circumstances laid down in the Act on Unfair Competition.
Notes on updates
____________________________________________________________________________
Amended by Art. 4.4 of Act 29/2009 of 30 December, CLD No. 2009\2633
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 71 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 40 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 33 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 35 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 33 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 32 of Act
28
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 35,
par. 2 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 35,
par. 1 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 25 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 24 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 49 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 33
Delivery of complimentary gifts
1. The goods or services comprising a complimentary gift or promotional incentive
must be furnished to buyers within the deadlines established by the autonomous
communities, which may be no later than three months counting from the time a buyer
qualifies for the gift. When the offer is made on the packaging of the respective
products, the right to obtain the reward offered must be exercisable for at least three
months following the expiration of the promotion.
2. Where complimentary gifts form a part of a set or collection, the company
responsible for the offer shall be obliged to exchange any of the components for any
other, unless the advertising for the incentive establishes some other procedure for
obtaining different elements of the collection.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 34 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 35,
par. 4 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 35,
par. 3 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Principality of Asturias: regulation homologous with Art. 50 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 34
Prohibition of joint offers
1. Joint offers of two or more articles or units as a single unit of purchase are
prohibited except where:
a) the articles offered are functionally related
b) the retail sale of larger than minimum amounts of certain articles is common
29
practice
c) the articles are also offered for sale separately and at the usual price
d) lots or groups of articles are packaged jointly for aesthetic reasons or as
complimentary gifts.
2. In any event, the foregoing shall be subject to the provisions of defence of
competition legislation.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Castile and Leon: regulation homologous with Art. 35,
par. 5 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
CHAPTER VII
Direct-to-consumer sales offerings
Article 35
Veracity of the offer
In public offerings of merchandise of any nature, the seller may not claim to be a
manufacturer or wholesaler unless the following requirements are met.
a) In the former case, the seller actually manufactures all the products for sale and,
in the latter, the seller deals primarily with retailers.
b) The prices offered are the same as charged to other wholesalers or retailers, as
appropriate.
TITLE III
Special sales
CHAPTER I
General
Article 36
Concept
1. For the intents and purposes of the present Act, special sales approaches are
considered to comprise distance sales, street vending or selling, vending machine sales
and auction sales.
2. The sale of chattel goods by instalment shall be governed by the specific
legislation on that subject.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 50 of Act
30
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Cantabria: regulation homologous with Art. 35 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 38 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Principality of Asturias: regulation homologous with Art. 51 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 37
Authorisation
Retailers engaging in any of the activities covered under the present title shall be
authorised by the respective Autonomous Community and entered in any registry
established thereby for these intents and purposes.
Notes on updates
____________________________________________________________________________
Ruled by the Constitutional Court (in open court) to be unconstitutional and void
under sentence No. 124/2003, of 19 June. Constitutional Court ruling (TCR) No.
2003\124
Notes on homologous legislation
Principality of Asturias: regulation homologous with Art. 52 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
___________________________________________________________________________
CHAPTER II
Distance sales
Notes on updates
_____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Article 38
Concept
1. Distance sales are considered to be sales that take place with no face-to-face
contact between buyer and seller, in which the seller's proposal and the buyer's
acceptance are conveyed by distance communications media of whatsoever nature,
under a distance contract system organised by the seller.
2. Distance sales companies must notify the distance sales registry of their business
activity within three months of initiation thereof. The registry shall include the
particulars established in the respective regulations.
Third country companies not established in Spain that conduct distance selling on
Spanish soil shall register directly with the Ministry of Industry, Tourism and Trade’s
31
distance sales registry within three months of the business start-up date.
The Ministry of Industry, Tourism and Trade shall inform the autonomous
communities of the distance sales companies on its records.
Similarly, the autonomous communities shall notify the Ministry of Industry,
Tourism and Trade’s distance sales registry of any changes made in the respective
regional registries.
3. The regulations established hereunder for distance sales shall not be applicable
to:
a) sales concluded by means of automatic vending machines or on automated
commercial premises
b) sales concluded in auctions, except where conducted electronically.
4. Articles 39.1, 40, 43.1, 44 and 47 shall not apply to the supply of foodstuffs,
beverages or household goods intended for everyday consumption sold to the
consumer at his home, residence or workplace by door-to-door salespeople on a
routine basis.
5. Paragraph 2 above and Article 37 shall not apply to the provision of information
society or e-commerce services
6. The specific legislation on information society and e-commerce services shall
prevail in distance contracting of goods or services via electronic media.
7. Commercial communications via e-mail or equivalent electronic media shall be
governed by the specific legislation on these matters.
8. The validity and effectiveness of contracts relating to real property shall be
contingent upon compliance with the requisites established in the specific legislation
on the subject.
Notes on updates
____________________________________________________________________________
Par. 2 amended by Sole Art., 4 of Act 1/2010 of 1 March, CLD No. 2010\510 Amended
by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on implementation
____________________________________________________________________________
2 implemented by Royal Decree 1133/1997 of 11 July, CLD No. 1997\1880 [DEF 15-042006]
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: par. 1, regulation homologous with Art. 52 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: par. 1, regulation homologous with Art. 31 of Act
9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: par. 1, regulation homologous with Art. 27 of
32
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: par. 1, regulation homologous with Art. 26 of
Legislative Decree 1/1993/ of 9 March, LCAT\9113\253 [DEF 11-06-1993]
Community of Madrid: par. 2, regulation homologous with Art. 33, par. 1 of Act
16/1999 of 29 April, LCM No. 1999\246 [DEF 19-05-1999]
Community of Madrid: par. 6, regulation homologous with Art. 32, par. 3 of Act
16/1999 of 29 April, LCM No. 1999\246 [DEF 19-05-1999]
Community of Madrid: par. 6, regulation homologous with Art. 32, par. 2 of Act
16/1999 of 29 April, LCM No. 1999\246 [DEF 19-05-1999]
Community of Madrid: par. 1, regulation homologous with Art. 32, par. 1 of Act
16/1999 of 29 April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 37 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: par. 1, regulation homologous with Art.
39 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: par. 3, regulation homologous with Art. 12,
par. 3 of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: par. 1, regulation homologous with Art. 12,
par. 2 of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: par. 1, regulation homologous with Art. 12,
par. 1 of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: par. 2, regulation homologous with Art. 33.
indent 1 of Act 10/ 1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of Galicia: par. 1, regulation homologous with Art. 32 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: par. 2, regulation homologous with Art.
41 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Autonomous Community of the Balearic Isles: par. 1, regulation homologous with Art.
30 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: par. 1, regulation homologous with Art. 55 of Act 10/2002 of
19 November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 39
Contract proposal
1. All contract proposals must unequivocally state that they are commercial offers.
In the specific case of telephone communications, the seller’s identity and the
commercial purpose of the call must be explicitly and clearly established at the
beginning of the conversation with the buyer.
2. The seller’s use of communication techniques consisting in an automated call
system with no human operator, or telefax technology, shall be subject to the
consumer’s prior consent.
3. In any event, the provisions in force on general contract conditions, protection
of minors and respect for privacy, must be honoured. When publicly accessible
33
personal data are used for commercial communications, the recipient must be
provided with the information specified in Constitutional Act 15/1999 of 13 December
on Protection of Personal Data, and the recipient shall be offered the opportunity to
refuse receipt of such messages.
Notes on updates
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 38 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 40
Prior information
1. In good time prior to the conclusion of any distance contract, the seller shall
truthfully, effectively and sufficiently provide the consumer with the following
information:
a) seller identity and address
b) essential product characteristics
c) the price, including all tax
d) delivery and shipping costs, as appropriate
e) arrangements for payment, delivery or performance
f) the existence of the right of withdrawal or otherwise, for the contracts referred to
in Article 45
g) the cost of using the distance communication media, where calculated other than
at the basic rate
h) the period during which the offer and price are valid
i) where appropriate, the minimum duration of the contract in the case of contracts
for the supply of products or services to be performed permanently or recurrently
j) the terms and conditions under which the seller may provide a product of
equivalent quality and price as a substitute for the product ordered by the consumer, if
such possibility is envisaged
k) as appropriate, specification of whether the seller has or adheres to some manner
of out-of-court arrangements for settling disputes.
2. The information referred to in the preceding paragraph, whose commercial
purpose must be manifest, shall be provided clearly and comprehensibly in any
manner appropriate to the distance communication media used, with due regard, in
particular, to the principles of good faith in commercial transactions, and the principles
34
governing the protection of persons lacking the capacity to conclude contracts.
Notes on updates
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 54 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 32 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: par. 28, regulation homologous with Art. 28,
par. 1 of Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 27 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 39 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 40 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 12, par. 5
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: regulation homologous with Art. 12, par. 4
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 33, indent 3 of
Act 10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Principality of Asturias: regulation homologous with Art. 56 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
_____________________________________________________________________________
Article 41
Need for explicit consent
1. Failure to reply to a distance sales offer may under no circumstances be regarded
as acceptance.
2. If the seller proceeds to ship the product offered without the explicit acceptance
of the person to whom the offer is addressed, the provisions of the following article
shall apply.
Notes on updates
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
_____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 40 of Act
35
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 42
Prohibition of inertia selling
It is hereby prohibited to supply goods or services to a consumer that have not been
ordered by the consumer beforehand, where such supply involves a demand for
payment. Where this procedure is followed, and without prejudice to the infringement
involved, the recipients of such articles shall not be obliged to return them, nor may
any claims be made for payment of the price.
Should recipients decide to return the goods, they must not pay for any damage or
spoilage caused to the product.
The provisions of paragraph one above shall not be applicable when the unsolicited
goods were shipped to the recipient by manifest error, in which case the burden of
proof lies with the seller. The recipient shall be entitled to indemnification for any
expense or damages caused.
Notes on updates
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 55, par. 2 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Canarias: par. 28, regulation homologous with Art. 28,
par. 3 of Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Canarias: regulation homologous with Art. 28, par. 2 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 28, par. 2 of
Legislative Decree 1/1993 of 9 March, LCAT No. 1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 41 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 43
Fulfilment and payment
1. Unless the parties have agreed otherwise, the seller must fill the order within a
maximum of 30 days of the day it was placed by the consumer.
2. Where a seller fails to perform the contractual obligations on the grounds that
the goods or services ordered are unavailable, the consumer must be informed of this
situation and must be able to obtain a refund of any sums paid as soon as possible and
in any case within 30 days. Should the seller fail to refund the sum involved within the
term specified, the buyer may double the claim, without prejudice to his right to
damages in excess thereof.
36
3. If the goods ordered are not available, the seller may provide the consumer with
goods or services of equivalent or higher quality at the same price, provided that the
consumer was expressly informed of this possibility. In this case, the buyer may
exercise his right of renunciation under the same terms as for the goods initially
ordered.
Notes on updates
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 42 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 44
Right of renunciation
The consumer may renounce the contract within a period of no less than seven
business days without penalty and without providing any explanation. Business days
shall be defined as set out in the laws of the place where the goods are delivered.
2. Exercise of the right of renunciation shall not be subject to any formality
whatsoever; any legally admissible form of substantiation shall suffice.
3. The right of renunciation may not entail any penalty whatsoever, although the
buyer may be obliged to defray the direct cost of returning the product to the seller.
Notwithstanding the above, where the seller can supply a product of equivalent
quality and price to replace the one ordered by the consumer, the direct costs of
returning the goods, if the right of renunciation is exercised, shall be defrayed by the
seller, who must have informed the consumer accordingly.
Clauses imposing penalties on consumers for exercising their right of renunciation
or waiver thereof shall be null and void.
4. For the intents and purposes of the right of renunciation, the term specified shall
be computed from the day of receipt of the goods, providing the seller has complied
with his duty of information as laid down in Article 47.
5. Where the seller fails to comply with such duty, the buyer may cancel the
contract within three months after the date of delivery of the goods. If the information
referred to in Article 47 is provided during the three-month period, the seven business
days established for renunciation shall begin to lapse from the date it is furnished.
When the buyer exercises his right to cancel the contract due to the seller’s failure to
comply with the duty of information, the latter may not require the consumer to defray
the expenses incurred to return the product.
6.
When the buyer exercises the right of renunciation or cancellation in
accordance with the provisions of the present article, the seller shall be obliged to
refund any sums paid by the buyer, without any manner of withholdings to cover
37
expenses. Such sums must be refunded as soon as possible, and in any event within
thirty days from the date of renunciation or cancellation. The burden of proof in
connection with compliance with the deadline shall lie with the seller. If the sum owed
to the buyer is not refunded by the deadline, he shall be entitled to double the claim,
without prejudice to payment of any damages incurred in excess of such sum.
7. Where the price is wholly or partially financed by a loan granted to the buyer by
the seller or a third party on the basis of an agreement between such party and the
seller, exercise of the right to renounce or cancel the contract laid down in this article
shall entail cancellation of the loan, with no penalty whatsoever for the buyer.
8. Lapse of the term for exercising the right of withdrawal shall be no obstacle to
subsequent nullity or cancellation, wherever lawful.
Notes on updates
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 43 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 45
Exceptions to the right of renunciation
Unless otherwise agreed, the provisions of the preceding article shall not be
applicable to the following contracts:
a) for the supply of goods where the price is dependent on fluctuations in the
financial market that cannot be controlled by the seller
b) for the supply of goods made to the consumer's specifications or clearly
personalised or which, by reason of their nature, cannot be returned or are liable to
deteriorate or expire rapidly
c) for the supply of audio or video recordings or computer software unsealed by
the consumer; as well as computer software delivered electronically that can be
immediately downloaded or reproduced for permanent use
d) for the supply of newspapers, periodicals and magazines.
Notes on updates
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 44 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
38
Article 46
Credit card payments
1. When a payment card is fraudulently or unduly charged for a purchase not
made, the card holder may demand immediate cancellation of the charge. In the event,
the respective credit and debit entries shall be made in the seller’s and card holder’s
accounts with all due speed.
2. Nonetheless, for purchases actually made by the card holder where the demand
for the refund does not ensue from the exercise of the right of renunciation
acknowledged in Article 44 and, therefore, the cancellation of the respective charge is
not in order, the buyer shall be liable to the seller for any damages incurred as a result
of such cancellation.
Notes on updates
_____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
_____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 45 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 47
Information
1. In addition to the information specified in Article 40, the consumer must have
received the following information and documents when the contract is concluded:
a) written information on the conditions and procedures for exercising the right of
renunciation, along with a renunciation or revocation document clearly identified as
such, containing the name and address of the person to whom it should be addressed
and the identification details for the contract and the contracting parties referred
b) the address of the seller’s place of business where the buyer may lodge any
complaints
c) information on after-sales service and any commercial guarantees
d) in the event of contracts with an unspecified term or a term of over one year, the
conditions for discharging the contract.
2. The information referred in the preceding paragraph must be furnished in
writing or, barring express objection by the consumer, on any other durable medium
suitable to the communications technique used and in the language employed in the
contract proposal.
Notes on updates
39
____________________________________________________________________________
Amended by Art. 3 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
_____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 46 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 48
Consumer’s rights
1. When the buyer is a consumer as defined in Article 1, paragraphs 2 and 3 of
General Act 26/1984 of 19 July on Consumer and User Protection, the rights
acknowledged thereto in the present chapter shall be inalienable and may be exercised
thereby even where the contract is subject to non-Spanish legislation, if closely linked
to any other European Union Member State
2. Operators of telecommunications facilities, understood to be the public or
private natural or legal persons who own the telecommunications facilities used by
sellers, are bound to ensure, as far as they are able, that retailers honour the rights
acknowledged to consumers in the present chapter and meet the requirements laid
down herein.
3. Cessation proceedings may be brought to counter conduct that contravenes the
provisions of the present chapter to the detriment of collective interests or diffuse
consumer and user interests, with a view to obtaining a sentence that obliges the
defendant to cease in such conduct and thereby prevent recurrence. Moreover, such
proceedings may be brought to prohibit conduct even where such conduct has been
discontinued prior to the institution of proceedings, if there is sufficient indication of
immediate recurrence.
Cessation proceedings shall be instituted pursuant to the precepts contained in Act
1/2000 of 7 January on the Rules of Civil Law Procedure and General Act 26/1984 of
19 July on Consumer and User Protection in connection with such proceedings.
Notes on updates
____________________________________________________________________________
Repealed by Sole Abrog. Prov. 1 of Royal Legislative Decree 1/2007 of 16 November,
CLD No. 2007\2164
CHAPTER III
Vending machine sales
Article 49
Concept
1. Automatic vending machine sales comprise any form of retailing in which a
product or service is dispensed by any manner of mechanical device, upon payment of
40
the respective price.
2. The various models of automatic vending machines must comply with the
applicable technical legislation.
3. Specific authorization for installing automatic vending machines shall be
required from the competent authorities responsible for the product sold as well as
from the competent authorities responsible for trade. Such facilities shall likewise be
subject to any other authorizations required for industry-specific reasons.
Notes on updates
_________________________________________________________________________
Par. 3 amended by Sole Art., 5 of Act 1/2010 of 1 March, CLD No. 2010\510 Par. 2
amended by Sole Art., 5 of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 56 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 34 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 29 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 30 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Catalonia: regulation homologous with Art. 29 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 16 of Act 16/1999 of 29
April, LCM No. 1996\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 48 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 41 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 16, par. 3
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: regulation homologous with Art. 16, par. 2
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Extremadura: regulation homologous with Art. 16, par. 1
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 29 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 58 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 50
Mandatory information
41
For due consumer and user protection, all vending machines must clearly specify
the following:
a) information on the product and the seller: type of product dispensed, price, seller
identity and an address and telephone number for claims
b) information on the machine dispensing the product: type of coins admitted,
instructions to obtain the product chosen and substantiation of compliance with the
applicable technical legislation.
Notes on updates
____________________________________________________________________________
Amended by Sole Art., 6 of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 60 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 36 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 30 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 32 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Catalonia: regulation homologous with Art. 31 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 49 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 42,
par. 2 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: regulation homologous with Art. 42,
par. 1 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 16, par. 4
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Principality of Asturias: regulation homologous with Art. 60 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 51
Refunds
All vending machines must provide for automatic refund of the amount paid
should the article chosen not be dispensed.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 58, par. 1 b)
42
of Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Cantabria: regulation homologous with Art. 50 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 42,
par. 3 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Article 52
Liability
Where vending machines are installed in premises used by a private enterprise or
business, the owners of such enterprise or business shall be severally liable with the
owner of the machine for performance of the obligations deriving from automatic
sales.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 59 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 35 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Cantabria: regulation homologous with Art. 51 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 43 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
CHAPTER IV
Street or itinerant sales
Article 53
Concept
Street or itinerant selling is understood to be any sales activity conducted routinely,
occasionally, periodically or continuously by merchants outside permanent
commercial premises, within the perimeter of or inside duly authorised places in
temporary or portable facilities, including vending vans. Itinerant selling may only be
conducted in permanent, periodic or occasional markets and in places fitted on the
public thoroughfare for seasonal products.
Notes on updates
___________________________________________________________________________
Wording highlighted ruled to be unconstitutional and void under Constitutional
Court (Plenary Chamber) sentence No. 124/2003, of 19 June. TCR No. 2003\124. The
phrase "street or itinerant vending is understood to be sales activity conducted by
merchants outside permanent commercial premises” was not ruled to be
unconstitutional or void, further to the seventh section of the legal grounds for the
43
sentence.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Aragon: regulation homologous with Art. 26, par. 3 of
Act 9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Aragon: regulation homologous with Art. 26, par. 2 of
Act 9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Aragon: regulation homologous with Art. 26, par. 1 of
Act 9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 23 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 9 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 52 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 45 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 14, par. 1
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 23 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of Galicia: regulation homologous with Art. 22 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 31 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 61 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 54
Authorisation
Pursuant to the respective competence arrangements, the issue of street selling
authorisations shall be incumbent upon municipal authorities in their municipal
districts in accordance with their own specific regulations and the provisions of the
existing legislation.
Notwithstanding the above and inasmuch as the number of available
authorisations is limited due to the scant public area apt for this purpose, the duration
thereof may not be indefinite, although it must suffice to amortise investments and
ensure a fair return on the capital invested.
The procedure fur selecting the awardees among possible candidates must be
transparent and impartial and the process start and end dates and implementation
must be suitably publicised.
Authorisations shall not entail automatic renewal or entail any manner of
advantage whatsoever for the incumbent vendor or persons particularly related
44
thereto.
Notes on updates
____________________________________________________________________________
Amended by Sole Art., 7 of Act 1/2010 of 1 March, CLD No. 2010\510 Account should
be taken of Transit. Prov. 1 of Act 1/2001 of 1 March, according to which “The
authorisations for street vending granted prior to the entry into force of this Act shall
be automatically extended. That notwithstanding, the duration of such authorisations
may not be extended beyond the validity period laid down by the competent public
authorities in their respective domain, pursuant to paragraph 7 of the Sole Article of
this Act. Such period shall be counted from the entry into force of the legislation on
implementation and enforcement of this Act.”
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Aragon: regulation homologous with Art. 26, par. 3 of
Act 9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Aragon: regulation homologous with Art. 26, par. 2 of
Act 9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 25 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 10 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Castile and Leon: regulation homologous with Art. 46 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 14, par. 3
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 26 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 32,
par. 3 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 32,
par. 2 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 32,
par. 1 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 63 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Article 55
Identification
Merchants engaging in street selling must display their personal data and the
document substantiating the respective municipal authorisations, as well as an address
for receipt of possible claims, in a manner clearly visible to the public.
Notes on homologous legislation
45
____________________________________________________________________________
Autonomous Community of Catalonia: regulation homologous with Art. 16 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 57 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Extremadura: regulation homologous with Art. 14, par. 5
of Act 3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 32,
par. 4 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 65 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
CHAPTER V
Public auction sales
Article 56
Concept
1. A public auction consists of publicly and irrevocably offering the sale of an article
to whomever, via bidding and within a deadline established for the purpose, at the
highest bid over the opening price, be it established initially or by means of descending
offers called out during the auction itself.
2. The regulations on auction sales contained in this Act shall be applied to the sales
effected by companies engaging in this business or in the retail trade on a regular basis.
Auction of securities, as well as court and governmental auctions, shall be governed
by the specific legislation in force on such activities.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 64 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Cantabria: regulation homologous with Art. 58 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 57
Auction sale agreements
1. In the event that the goods to be auctioned do not belong to the company
running the auction, its relationship with the owner of the goods shall be governed by
the terms covenanted by the parties pursuant to general contract law.
2. In the absence of an explicit covenant, all auction costs, including custodial
expenses and, as appropriate, valuation costs, are to be defrayed by the auction house,
and the owner should not pay for any additional charges whatsoever in this regard,
other than the established price or compensation.
46
The auction house shall, unless otherwise stipulated, also be obliged to provide for
custody and exhibition of the goods and, as appropriate, their inclusion in its
catalogue.
3. Wherever appropriate, the auctioneer should verify compliance with
requirements laid down in the respective legislation regarding the protection of Spain's
artistic, historic and bibliographic heritage.
4. The commission from the auction house must be documented in writing in an
instrument identifying the parties, object and terms of sale and auction house
remuneration.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 59 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 58
Auction sale offer
1. The auction sale offer must contain an accurate description of the objects for sale,
specifying whether the features announced are certain or simply assumed or assured
by a given expert.
2. In particular, when houses specialising in objects of artistic value offer an
imitation or an article worth less than its apparent value, such circumstance must be
expressly stated in both the announcements for the auction and the invitations to
bidders.
When an object is offered for sale by auction with the name or initials of a certain
author or specifying that it is signed thereby, it shall be considered to be the sale of an
original work by the author in question, unless warnings to the contrary are clearly
made.
3. The provisions of paragraph 2 of the present article shall likewise be applicable
to the sale of precious or artistic objects offered to the public under other than auction
arrangements.
Notes on homologous legislation
____________________________________________________________________________
___
Autonomous Community of Cantabria: regulation homologous with Art. 60 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 59
Relationship between auction house and bidders
1. Bidders may only be required to deposit sums in advance of the auction when
this condition is expressly specified in the auction announcements.
The sums deposited may in no case be greater than 5 per cent of the opening bid for
47
the goods to be auctioned.
2. Sums deposited by bidders who are not awarded the object auctioned must be
reimbursed to them within three days of the conclusion of the auction.
3. Where awardees fail to pay the price under the terms of the award, they shall
forfeit the sum deposited which, unless otherwise covenanted, shall be credited to the
owner of the article auctioned, less any premium or commission allocated to the
auction house; the foregoing is without prejudice to the seller's right to demand
performance of the agreement.
Notes on homologous legislation
________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 61 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 60
Documentation
1. Once an article is awarded, written record thereof shall be made immediately
and the article delivered as soon as the auction price, or the part thereof established in
the respective announcements, is paid.
2. Auction sales must necessarily be formalised by means of a private or publicly
recorded document which, as appropriate, may be issued by the auction house on
behalf of the owner of the article auctioned.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 62 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Article 61
Effects of auction sale
1. Chattel goods purchased by auction in accordance with the provisions of the
present Act shall not be subject to claim under any circumstances, as per the terms of
Article 85 of the Code of Commerce.
2. The auction house shall be severally accountable, along with the owner, where
the object sold does not conform to the auction announcement, as well as for any
hidden flaws or defects therein if the auction firm has failed to meet its obligation to
provide all the information laid down in Article 58 of the present Act.
Notes on updates
____________________________________________________________________________
48
Amended by Art. 4 of Act 47/2002 of 19 December, CLD No. 2002\2980
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 63 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
CHAPTER VI
Franchise retailing
Article 62
Franchise regulation
1. Franchise retailing is retailing conducted by virtue of an agreement or contract
whereby one company, denominated the franchiser, assigns to another, the franchisee,
the right to exploit the former's own system for marketing products or services.
2. Natural persons or bodies corporate intending to engage in franchising as
referred in the preceding paragraph in Spain must register, as appropriate, with the
Franchisee Registry established by the competent authorities, which shall contain the
particulars laid down in the respective regulations..
Third country companies not established in Spain that conduct franchise retailing
on Spanish soil shall register directly with the Ministry of Industry, Tourism and
Trade’s franchisee registry within three months of the business start-up date.
The Ministry of Industry, Tourism and Trade shall inform the autonomous
communities of the franchisee companies on its records.
Similarly, the autonomous communities shall notify the Ministry of Industry,
Tourism and Trade’s franchisee registry of any changes made in the respective regional
registries.
3. Moreover, at least twenty days prior to the conclusion of any franchise
agreement or preliminary agreement or payment by the future franchisee to the
franchiser, the franchiser must have provided the franchisee with the information, in
writing, needed to make a free and informed decision about joining the franchise
network; in particular, such information shall include the franchiser's main identity
details, description of the business or branch of industry covered by the franchise,
content and characteristics of the franchise and its exploitation, network structure and
extension, and essential elements of the franchise agreement. All other basic terms for
franchise assignment shall be established in the respective regulations.
Notes on updates
____________________________________________________________________________
Par. 2 amended by Sole Art., 8 of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on implementation
____________________________________________________________________________
Par. 2485 implemented under Royal Decree 1998/13 of 1998 April, CLD No. 1998\2769
[DEF 27-11-1998]
49
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Cantabria: regulation homologous with Art. 69 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of the Balearic Isles: par. 2, regulation homologous with Art.
39 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
TITLE IV
Infringements and penalties
CHAPTER I
General principles
Article 63
Enforcement
1. The public authorities shall ensure enforcement of the provisions of the present
Act, for which purpose they may subject the respective companies to any necessary
inspections. They shall also impose penalties for any violations, after case review,
without prejudice to any concurrent civil, penal or other liabilities.
Competence to establish penalties shall be incumbent upon the respective
autonomous communities.
2. The institution of penal proceedings in the Courts of Justice or of disciplinary
proceedings for violation of defence of competition regulations shall entail suspension
of any administrative disciplinary proceedings that may have been instituted for the
same events as well, as appropriate, as the applicability of rulings on penalties.
3. The rules and principles on penalties contained in the general legislation on the
legal system governing the activity of public authorities and administrative procedures
common to all levels of government shall be applicable to the infringements set out in
this Act.
4. Double jeopardy for the same events or to protect the same public interest shall
not be lawful under any circumstances whatsoever, although accountability must be
demanded for other liabilities deriving from concurrent events or violations.
5. Persons or entities of whatsoever legal status that have or are legally obligated to
have information or documentation that may contribute to clarifying the existence or
otherwise of infringements defined in this Act or to determining the scope or degree
thereof, are bound to cooperate with the competent trade regulation authorities. To
that end, they must provide the information and documents requested by the
inspection authorities in the exercise of their duties within the established deadlines.
Notes on updates
____________________________________________________________________________
Par. 5 amended by Sole Art., 9 of Act 1/2010 of 1 March, CLD No. 2010\510
50
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: par. 1, regulation homologous with Art. 87 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: par. 1, regulation homologous with Art. 55 of Act
9/1989 of 5 October, LARG\1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: par. 4, regulation homologous with Art. 46, par.
2 of Act 4 /1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Community of Madrid: par. 1, regulation homologous with Art. 54 of Act 16/1999 of
29 April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Galicia: par. 1, regulation homologous with Art. 44 of Act
10/1988 of 20 July, LG No. 1988\179
[DEF 16-09-1988]
Autonomous Community of the Balearic Isles: par. 1, regulation homologous with Art.
43 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: par. 1, regulation homologous with Art. 71 of Act 10/2002 of
19 November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: par. 1, regulation homologous with Art. 58 of Act 11/2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
Region of Murcia: par. 4, regulation homologous with Art. 6 of Act 11/2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
CHAPTER II
Types of infringements
Article 64
Minor infringements
The following shall be regarded as minor infringements:
a) failure to exhibit the necessary authorization, official approval or notification as
required by law or the regulations
b) conducting commercial business after statutory hours, as appropriate
c) conducting end-of-season sales in periods other than as provided in the present
Act
d) failure to indicate the normal price of sale items
e) failure to comply with the provisions of the present Act regarding joint product
offers
f) omission, in auction announcements, of the required information as specified in
the present Act
g) delays in reimbursement of sums deposited by bidders not awarded the objects
auctioned
51
h) in general, failure to comply with the obligations laid down in the present Act or
in its implementing regulations that are not the object of specific penalisation
i) failure to comply with the provisions of paragraph 1, indent d) of such Article 2
shall be subject to penalisations pursuant to the provisions of Constitutional Act
15/1999 of 13 December on the Protection of Personal Data. The powers to impose
penalties shall be vested in the respective competent authority.
Notes on updates
____________________________________________________________________________
Phrase highlighted in indent h) ruled unconstitutional and void by Constitutional
Court (Chamber Two) sentence No. 97/2009 of 27 April 2009. RTC No. 2009\07
Indent i) added by Art. 6 of Act 56/2007 of 28 December, CLD No. 2007\2385
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 91 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 59 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 48, par. 1 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 47, indent a)
of Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 47 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 72 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 52 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 47 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 45, par. 1 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 48 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 74 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 50, par. 2 of Act 11/ 2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
Article 65
Serious infringements
1. The following shall be regarded as serious infringements:
52
a) conducting retail business without prior authorisation where mandatory or
without notifying the Distance Sales Registry in due time or failure to notify the trade
authorities of any information required under the existing legislation
b) charging prices higher than established by the respective authorities
c) Selling at a loss except under the circumstances allowed by law or failing to
comply with the regulations on invoices laid down in Article 14
d) sale of products or services by the entities referred to in Article 15 to persons
other than their members or beneficiaries
e) conducting commercial business on Sundays and holidays where prohibited
f) failure to comply with the terms on maximum deferral of payment laid down in
Article 17, paragraph 3, failure on the part of retailers to provide their suppliers with a
negotiable instrument and failure to delivery an endorsable draft in the circumstances
and terms laid down in Article 17, paragraph 4
g) failure by sellers to keep written record of the date of delivery of merchandise or
falsification of this information
h) offering pyramid operations in the manner prohibited by the present Act
i) lack of veracity in advertising for promotional activities, with improper use of the
terms to describe sales or offers
j) offering flawed merchandise or merchandise purchased expressly for sale in endof-season sales
k) failure to comply with the arrangements set out for the delivery and exchange of
complimentary gifts
l) advertising or conducting clearance sales in contravention of the requirements
established in this regard
m) advertising sales direct to consumer from manufacturer or wholesaler in
contravention of the requirements established in this regard in the present Act
n) failure to comply with the provisions of Act 26/1991 of 21 November on door-todoor sales
ñ) failure to comply with the obligations laid down in distance sales regulations
with regard to: the provision of information and documentation for consumers;
performance and refund deadlines; delivery of articles not ordered by the consumer
with the intention of collecting the respective price; and the use of communications
techniques that require the prior active or passive consent on the part of the consumer,
in the absence thereof
o) admission of objects for auction without verifying whether they comply with the
requirements laid down in the legislation on defence of Spain's historic, artistic and
bibliographic heritage
p) resistance to, refusal or obstruction of verification or inspection by trade
authorities
53
q) recurrent commission of minor infringements
r) failure by parties delivering franchise agreements to comply with the obligation
to notify the Franchisee Registry of the beginning of their activity by the deadline set
out in Article 62.2 registration requirements or the failure to update the data yearly as
required
s) intentional provision of erroneous or clearly insufficient essential information
when requested pursuant to the applicable legislation, where such conduct occasions
serious harm.
2. Levying disciplinary penalties in the cases specified in paragraphs f) and g) of
paragraph 1 of this article shall not prejudge, in any way whatsoever, the validity of
the respective contracts or the obligations respectively assumed by the parties thereto.
Notes on updates
___________________________________________________________________________
Par. 1 r) amended by Sole Art., 10 of Act 1/2010 of 1 March, CLD No. 2010\510
Par. 1 a) amended by Sole Art., 10 of Act 1/2010 of 1 March, CLD No. 2010\510
Par. 1 s) added by Sole Art., 10 of Act 1/2010 of 1 March, CLD No. 2010\510
Par. 1 ñ) repealed by Sole Abrog. Prov. 1 of Royal Legislative Decree 1/2007 of 16
November CLD No. 2007\2164
Par. 1 n) repealed by Sole Abrog. Prov. 1 of Royal Legislative Decree 1/2007 of 16
November, CLD No. 2007\2164
Par. 1 f) amended by Art. 56.1.7 of Act 55/1999 of 29 December, CLD No. 1999\3245
Par. 1 c) amended by Art. 56.1.6 of Act 55/1999 of 29 December, CLD No. 1999\3245
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 92 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 60 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 48, par. 2 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 47, indent b)
of Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 46 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 73 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 53 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 48 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 45, par. 2 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
54
Autonomous Community of the Balearic Isles: regulation homologous with Art. 49 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 75 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 50, par. 3 of Act 11/ 2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
Article 66
Very serious infringements
Any of the infringements defined as serious in the preceding article shall be
regarded as very serious when concurrent with any of the following circumstances.
a) The turnover involved or the price of the articles offered in connection with the
infringement is over the sum of 100 000 000 pesetas.
b) The infringement is recurrent.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 93 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 61 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 48, par. 3 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 47, indent c)
of Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 45 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 74 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 54 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 49 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 45, par. 3 of Act
10/1988 of 20 July, LG No. 1988\179[DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 50 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 76 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 50, par. 4 of Act 11/ 2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
55
Article 67
Recurrence
1. Recurrence shall be understood to mean commission, as confirmed by a final
ruling, within one year of more than one infringement of the same nature.
2. Notwithstanding the provisions of the preceding paragraph, only serious
infringements may be classified as very serious and recurrence in minor infringements
shall only be determined to be serious after the fourth punishable incident.
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Catalonia: regulation homologous with Art. 50 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Autonomous Community of Cantabria: regulation homologous with Art. 75 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 55 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 50 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 45, par. 4 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Region of Murcia: regulation homologous with Art. 51 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
CHAPTER III
Penalties
Article 68
Fines
1. Very serious infringements shall be punished with a fine of from 30 000 to
900 000 euros.
2. Serious infringements shall be punished with a fine of from 6000 to 30 000 euros.
3. Minor infringements shall be punished with fines of up to 6 000 euros.
4. When the penalty is for infringements relating to the type of retail business
conducted or the products marketed, penalties shall entail attachment and forfeiture of
the merchandise involved in the business penalised.
5. In very serious infringements, in the event of a third recurrence the autonomous
communities may decree temporary closure of the offending enterprise, establishment
or plant for up to one year.
Closure decisions must determine any supplementary measures needed to be fully
effective.
56
Notes on updates
____________________________________________________________________________
Par. 3 amended by Sole Art., 11 of Act 1/2010 of 1 March, CLD No. 2010\510. Account
must be taken of the provisions of Transit. Prov. 2, indent 2 of Act 1/2010 of 1 March
which stipulate: “And starting on 1 January 2011 the sums established shall be applied
in full and revised in keeping with the yearly CPI.”
Par. 2 amended by Sole Art., 11 of Act 1/2010 of 1 March, CLD No. 2010\510. Account
must be taken of the provisions of Transit. Prov. 2, indent 2 of Act 1/2010 of 1 March
which stipulate: “And starting on 1 January 2011 the sums established shall be applied
in full and revised in keeping with the yearly CPI.”
Par. 1 amended by Sole Art., 11 of Act 1/2010 of 1 March, CLD No. 2010\510. Account
must be taken of the provisions of Transit. Prov. 2, indent 2 of Act 2010/1 of March
which stipulate: “Through 31 December 2010, the maximum fine for very serious
infringements shall be 500 000 euros. “And starting on 1 January 2011 the sums
established shall be applied in full and revised in keeping with the yearly CPI.”
Notes on homologous legislation
____________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 95, par. 2 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Andalusia: regulation homologous with Art. 95, par. 1 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 63 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 49, par. 2 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Canarias: regulation homologous with Art. 49, par. 1 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 48 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 48 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 78 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 58 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 52 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 46 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 53 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 52 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 79 of Act 10/2002 of 19
57
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 54 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 69
Scaling
Penalties shall be scaled, especially on the grounds of the turnover involved, the
profit earned, degree of intention, length of time during which the infringement was
committed, recurrence and company financial solvency.
Notes on updates
___________________________________________________________________________
Amended by Sole Art., 12 of Act 1/2010 of 1 March, CLD No. 2010\510
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 95, par. 3 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 64 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 49, par. 3 of
Act 4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 49 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: regulation homologous with Art. 50 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 77 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 61 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 54 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 54 of
Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 81 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 55 of Act 11/2006 of 22 December,
LRM No. 2007\4 [DEF 03-03-2007]
Article 70
Lapsing of infringements
1. Very serious infringements shall lapse in three years, serious infringements in
two and minor infringements in six months. These terms shall be counted from the
date the punishable event occurred or the end date of commission in the event of
58
ongoing violations.
2. Penalties shall lapse in the same terms as above, counting from the date of the
final ruling.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: par. 2, regulation homologous with Art. 97 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Andalusia: par. 1, regulation homologous with Art. 94 of
Act 1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 2, par. 67 of Act
2/9 of 1989 October, LARG\5\1989 [DEF 01-01-1990]
Autonomous Community of Aragon: regulation homologous with Art. 1, par. 67 of Act
1/9 of 1989 October, LARG\5\1989 [DEF 01-01-1990]
Autonomous Community of Canarias: par. 2, regulation homologous with Art. 46, par.
5 of Act 4 /1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Canarias: par. 1, regulation homologous with Art. 46, par.
4 of Act 4 /1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Autonomous Community of Catalonia: regulation homologous with Art. 51 of
Legislative Decree 1/1993 of 9 March, LCAT\1993\253 [DEF 11-06-1993]
Community of Madrid: par. 2, regulation homologous with Art. 52 of Act 16/1999 of
29 April, LCM No. 1999\246 [DEF 19-05-1999]
Community of Madrid: par. 1, regulation homologous with Art. 51 of Act 16/1999 of
29 April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: par. 2, regulation homologous with Art. 80 of
Act 1/2002 of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Cantabria: par. 1, regulation homologous with Art. 76 of
Act 1/2002 of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: par. 2, regulation homologous with Art.
63 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Castile and Leon: par. 1, regulation homologous with Art.
56 of Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 56 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of Galicia: regulation homologous with Art. 48 of Act
10/1988 of 20 July, LG No. 1988\179 [DEF 16-09-1988]
Autonomous Community of the Balearic Isles: par. 2, regulation homologous with Art.
57 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Autonomous Community of the Balearic Isles: par. 1, regulation homologous with Art.
51 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: par. 2, regulation homologous with Art. 84 of Act 10/2002 of
19 November, LPAS No. 2002\311 [DEF 21-11-2002]
Principality of Asturias: par. 1, regulation homologous with Art. 78 of Act 10/2002 of
59
19 November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: par. 2, regulation homologous with Art. 59 of Act 11/2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
Region of Murcia: par. 1, regulation homologous with Art. 53 of Act 11/2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
Article 71
Temporary suspension of business activity
In the event of very serious infringements, the competent Autonomous Community
may close facilities or establishments lacking the mandatory authorizations or oblige
them to suspend operations until any shortcomings are remedied or the requirements
met. It may also suspend sales when the same irregularities are observed.
Notes on homologous legislation
___________________________________________________________________________
Autonomous Community of Andalusia: regulation homologous with Art. 89 of Act
1/1996 of 10 January, LAN No. 1996\20 [DEF 07-02-1996]
Autonomous Community of Aragon: regulation homologous with Art. 68 of Act
9/1989 of 5 October, LARG No. 1989\131 [DEF 01-01-1990]
Autonomous Community of Canarias: regulation homologous with Art. 50 of Act
4/1994 of 25 April, LCAN No. 1994\96 [DEF 30-04-1994]
Community of Madrid: regulation homologous with Art. 53 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Community of Madrid: regulation homologous with Art. 49 of Act 16/1999 of 29
April, LCM No. 1999\246 [DEF 19-05-1999]
Autonomous Community of Cantabria: regulation homologous with Art. 79 of Act
1/2002/of 26 February, LCTB No. 2002\50 [DEF 07-03-2002]
Autonomous Community of Castile and Leon: regulation homologous with Art. 62 of
Act 16/2002 of 19 December, LCyL No. 2002\628 [DEF 14-01-2003]
Autonomous Community of Extremadura: regulation homologous with Art. 51 of Act
3/2002 of 9 May, LEXT No. 2002\134 [DEF 13-06-2002]
Autonomous Community of the Balearic Isles: regulation homologous with Art. 56,
par. 3 of Act 11/2001 of 15 June, LIB No. 2001\229 [DEF 29-06-2001]
Principality of Asturias: regulation homologous with Art. 87 of Act 10/2002 of 19
November, LPAS No. 2002\311 [DEF 21-11-2002]
Region of Murcia: regulation homologous with Art. 57, par. 2 of Act 11/ 2006 of 22
December, LRM No. 2007\4 [DEF 03-03-2007]
ADDITIONAL PROVISIONS
One
When the seller acts within the framework of his business activity and the other
party is a consumer, the terms of Articles 38 to 48 and 65.1, indent ñ) of the present Act
shall be applicable to distance contracts referring to the provision of services, including
60
real property leases, with the following particularities:
1. The foregoing shall not be applicable to contracts: for provision of financial
services relating to investment, insurance, reinsurance, banking, pension fund or
futures and options operations; concluded with telecommunications operators through
the use of public pay phones; concluded for the construction of real property; that
regulate family relations or testamentary succession; or partnership contracts.
2. Articles 39.1, 40, 43.1, 44 and 47 shall not be applicable to contracts for the
supply of accommodations, transport, meals or entertainment services when the seller,
upon conclusion of the contract, undertakes to provide such services on a specific date
or a given period.
3. Article 47 shall not be applied to services provided on a one-time basis using
telecommunications technology and billed by the communications operator.
Nonetheless, the consumer must in any event be able to ascertain the geographic
address of the seller’s place of business to which claims may be addressed.
4. The term for renunciation shall be counted from the date the contract is
concluded or from the date the information referred to in Article 47 is provided, if
subsequent to the delivery of the contract. This manner of computing the term for
renunciation must be included in the prior information to be furnished to the buyer
pursuant to the provisions of Article 40.
5.
For the intents and purposes of exercise of the right of renunciation, the
definition of business days shall be as laid down in the law of the place where the
service is to be provided.
6. The three-month term for cancellation of the contract for breach of the obligation
to provide the necessary information shall be counted from the date of conclusion of
the contract.
7. Unless otherwise agreed, the buyer shall not be entitled to the right of
renunciation stipulated in Article 44 in service provision contracts whose performance
has begun, with the consumer’s consent, before the end of the seven business-day
deadline, or in contracts for gaming and lottery services.
Notes on updates
____________________________________________________________________________
Repealed by Sole Abrog. Prov. 1 of Royal Legislative Decree 1/2007 of 16 November,
CLD No. 2007\2164
Two
The competent authorities, as well as the bodies, associations or persons referred in
Article 25.1 of General Act 34/1988 of 11 November on Advertising, shall be
empowered, under the procedures laid down in Chapter IV of such Act, to seek
discontinuation or, as appropriate, rectification of any advertising that contravenes the
existing legislation.
Three
61
The following insert is added to Article 221, paragraph 1 of the Companies Act:
“When company’s yearly turnover is in excess of 1 000 000 000 pesetas, the ceiling
for the fine for each year of arrears shall be 50 000 000 pesetas.”
Four
1. Entities of any legal class whatsoever engaging in wholesaling, retailing,
purchasing or the provision of intermediary services to negotiate such purchases, on
behalf of or under commission by retailers, must formalise their registration and lodge
their yearly accounts with the Mercantile Registry in the manner determined in the
regulations, when the purchases made or mediated or their sales in the preceding
financial year amounted to a sum of over 100 000 000 pesetas.
These obligations shall not be applicable to retailers who are natural persons.
2. Failure to register or lodge accounts shall be punished as provided in Article 221
of the Companies Act.
3. The provisions of paragraphs 1 and 2 above shall be applied without prejudice to
the obligation to register and lodge accounts established for other entities in
accordance with their specific regulations.
Notes on implementation
____________________________________________________________________________
Implemented under the Order of 10 June 1997, CLD No. 1997\1536 [DEF 10-07-1997]
Five
The present Act shall not be applicable to establishments engaging in the sale and
administration of pharmaceutical products or those dispensing tobacco products and
State stamps, in connection with the aspects covered by their specific regulations.
Six
The provisions of Articles 9, 14 and 17 of the present Act shall apply to entities of
any legal status whatsoever engaging in wholesaling, purchasing or intermediary
services to negotiate purchases on behalf of and under commission by other
wholesalers or retailers.
Notes on updates
____________________________________________________________________________
Added by Art. 56.1.8 of Act 55/1999 of 29 December, CLD No. 1999\3245
Seven
Offsetting debt in the event of liability for non-compliance
Public authorities which, in the exercise of their competencies, fail to comply with
the provisions of this Act or of applicable European Community law, as a result of
which the Kingdom of Spain is penalised by European institutions, shall assume the
share of liability stemming from the non-compliance attributable thereto. The
62
procedures for attributing liability shall guarantee that the authority involved is heard.
The sum established may, moreover, be charged to the financial transfers received
thereby.
The Central Government may offset the debt with the Public Treasury incurred by
the authority responsible with the sums to be transferred thereto, pursuant to the
procedure laid down in Act 50/1998 of 30 December on Fiscal, Administrative and
Social Measures. The procedure for attributing liability shall guarantee that the
authority involved is heard.
Notes on updates
____________________________________________________________________________
Added under Sole Art., 13 of Act 1/2010 of 1 March, CLD No. 2010\510
Eight
Projects subject to environmental impact assessment
When, pursuant to this Act, a responsible statement or notification and an
environmental impact assessment are required to access or conduct an activity
pursuant to the Consolidated Text of the Act on the Environmental Impact of Projects,
adopted under Royal Legislative Decree 1/2008 of 11 January, or to the regional
implementing legislation, such responsible statement or notification may not be
submitted until the aforementioned environmental impact assessment is made. The
substantiating documents must be permanently at hand.
Notes on updates
____________________________________________________________________________
Added under Sole Art., 13 of Act 1/2010 of 1 March, CLD No. 2010\510
Nine
Accessibility
The retail establishments lying within the scope of this Act shall honour the rules
on accessibility and non-discriminatory access thereto, pursuant to the provisions set
out in Final Provision Six of Act 51/2003 of 2 December on Equal Opportunities, NonDiscrimination and Universal Accessibility for People with Disabilities and the
regional implementing legislation, as appropriate.
Notes on updates
_____________________________________________________________________________
Added under Sole Art., 13 of Act 1/2010 of 1 March, CLD No. 2010\510
Ten
Urban planning for commercial use
The authorities competent in the area of urban planning design shall address the
63
issues of mobility and transit associated with retail clusters located outside urban
centres. They shall likewise bear in mind the need to supply the population
immediately and suitably, fostering the satisfaction of such needs in a context of
proximity, with particular attention to citizens whose mobility is limited for
whatsoever cause.
Notes on updates
____________________________________________________________________________
Added under Sole Art., 13 of Act 1/2010 of 1 March, CLD No. 2010\510
Eleven
Legal system governing retail distribution contracts
For the application of the provisions of European Directive 2006/123/EC and the
elimination of administrative barriers to service provision, and given the special
circumstances prevailing in the sector and others addressed in the Ministry of
Industry, Tourism and Trade’s report of March 2009 formulated by the Government on
the problems surrounding retail contracts, the ministry shall proceed to regulate the
legal system governing such contracts.
Notes on updates
____________________________________________________________________________
Added under Sole Art., 13 of Act 1/2010 of 1 March, CLD No. 2010\510
Transitional provision
One
The provisions of Article 8 shall not apply to offers or promotions initiated on the
date of publication of the present Act, until six months after such date.
Notes on updates
____________________________________________________________________________
Renumbered by Final Prov. 2.2 of Act 3/2004, of 29 December, CLD No. 2004\2678. It
was formerly the Sole Transit. prov.
Two
System governing deferral of payments owed to retail establishment suppliers
Fresh and perishable goods shall continue to be payable within 30 days. The sixtyday ceiling referred to in Article 17.3 of this Act shall be applicable beginning on 1 July
2006. In the interim, payments for non-fresh, non-perishable foodstuffs and consumer
goods shall not be deferred for over ninety days from the date of delivery of the
merchandise.
Notes on updates
64
____________________________________________________________________________
Added by Final Prov. 2.2 of Act 3/2004 of 29 December, CLD No. 2004\2678
ABROGATORY PROVISION
Sole Provision
Any provision of the same or lesser rank that runs counter to the provisions of the
present Act and Article 5 of Royal Decree-Act 2/1985 of 30 April on Economic Policy
Measures is hereby repealed.
FINAL PROVISION
Sole Provision
Articles 1, 8, 10, 11, 12, 16, 17, 38.1, 38.3, 38.4, 38.8, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
49.1, 51, 52, 53, 56, 57, 59, 60, 61, 62.1 and 63, and Additional Provisions one, two, three
and four of the present Act constitute civil and commercial legislation and shall be
generally applicable by virtue of the State’s exclusive competence to regulate the
content of private contract law, pursuant to Article 149.1, rules 6 and 8 of the
Constitution.
Articles 38.5, 38.6 and 38.7 likewise constitute civil and commercial legislation and
are covered by the State’s exclusive competence to regulate the content of private
contract law and telecommunications, pursuant to Article 149.1, rules 6, 8 and 21 of the
Constitution.
Articles 14, 15, 23.3, 24, 25, 28.1, 30.1, 31.2 and 33 of the present Act constitute lie
within the State’s exclusive competence to regulate the commercial law on competition,
laid down in Article 149.1, rule 6 of the Constitution.
Articles 2, 3, 4, 5, 6.1, 6.2, 7, 13, 37, 38.2, 62.2, 64.j), 65.1a), 65.1b), 65.1.c), 65.1.e).
65.1.f), 65.1.ñ), 65.1.r) and 65.1s) of the present Act shall be considered to be basic
legislation, enacted under Article 149.1, rule 13, of the Constitution.
Articles 6.4 and 54 of the present Act are decreed by virtue of the provisions of
rules 13 and 18 of the Constitution, which establish the State’s exclusive competence
over the fundamentals and coordination of general economic planning and
competence to lay down the basis for the regulatory framework for public authorities
and the administrative procedures common to all levels of government.
Articles 67 and 70 are enacted by virtue of the provisions of Article 149.1, rules 1
and 18 of the Constitution.
Article 69 shall have basic legislation status and decreed by virtue of the State’s
exclusive competence to regulate the basic conditions that guarantee equality among
all Spaniards in the exercise of their constitutional rights and compliance with their
constitutional duties as per Article 149.1, rule 1 of the Constitution.
Additional Provision seven, which shall have basic legislation status, is enacted by
virtue of Article 149.1, rules 13, 14 and 18 of the Constitution, which establish the
State’s exclusive competence over the fundamentals and coordination of general
economic activity, general State finances and debt and to lay down the basis for the
65
regulatory framework for public authorities and the administrative procedures
common to all levels of government.
Additional Provision eight, which shall have basic legislation status, is decreed
under the provisions of Article 149.1.23 of the Constitution, whereby the State is
attributed competence to enact basic legislation on protection of the natural
environment.
The remaining provisions of this Act shall be applicable in the absence of specific
legislation enacted by the autonomous communities.
Notes on updates
____________________________________________________________________________
Amended by Sole Art., 14 of Act 1/2010 of 1 March
66