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The National Consumer Service (Sernac) released this Thursday a first post-CyberDay balance, an eCommerce event that took place between Monday and Wednesday of this week, in which more than 560 sales websites participated.
During the three days the Service received 1,198 claims from consumers, “who mainly pointed to offers that would not be real, problems in transactions and lack of information regarding the prices of the dispatches.”
Regardless of the number of transactions carried out, claims were concentrated in 5 companies:
However, the National Director of Sernac, Lucas Del Villar, explained that the behavior of the companies participating in this commercial event was, in general, adequate considering the high number of purchases, although some problems were detected, largely similar to previous events.
The authority explained that the agency will be monitoring the weeks after the event, which is the period where claims usually increase, Mainly due to the delay of dispatches, a problem that has been repeated in this type of sale during the pandemic and that Sernac is currently addressing with a Collective Procedure with three retail companies.
He also assured that the pandemic accelerated the growth of e-commerce, therefore it is necessary to make some substantive changes to strengthen the rights of consumers in this matter.
For this, there is a regulation in progress that is being worked on with the Ministry of Economy to address issues such as the requirement to report the price history, which will allow greater transparency when it comes to bids; the complete publication of the price of the products including the dispatch, among others.
Del Villar recalled that one of the measures of the “Pro Consumidor” agenda also aims to modify the Consumer Law regarding the right of withdrawal in distance contracting.
Currently, the regulations establish that people can exercise the right of withdrawal, that is, consumers can regret purchases via the Internet or in person without access to the product.
The right of withdrawal must currently be exercised within a period of 10 days counted from the receipt of the product or purchase, but provided that the company adheres to the right of withdrawal, since it may expressly provide otherwise, informing the consumer in advance. What will be sought with the legal modification is that it be for all events.
Right to guarantee
Sernac also recalled that in the event that products purchased online arrive defective or have a problem during the three months following receipt, consumers are entitled to the legal guarantee.
When buying online, consumers have the same rights as if it were a face-to-face purchase.
Therefore, if the product arrives bad or shows defects due to normal use, people have the right to demand the 3X3, that is, choose between exchange, repair or refund of the amount paid, during the first three months from receipt of the good.
On the other hand, if a purchase is canceled, companies have the obligation to return the money to consumers in the shortest time possible and under the same instrument that made the purchase, that is, if you paid with a credit or debit card, the money must be returned through this means.
Sernac also stressed that if consumers bought or contracted services through a discount company, they must respond, even if they have acted as intermediaries for other providers. The regulation of the mechanisms for this will be part of the aforementioned regulation that will be issued by the Ministry of Economy.
In the event that consumers have a post-Cyber problem and the companies do not respond, they can file their claims through www.sernac.cl or by calling 800 700 100.
In addition, on the same site, you can use the tool called “Citizen Alert”, which allows you to inform the Service of the existence of any conduct that may be affecting the rights of many people. This background will allow Sernac to carry out eventual investigations, such as audits that could end in collective actions.
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