The Consumer Protection Act (LDC) - Law No. 24/96 of 31 July - defines consumer as all those who are provided goods, services or broadcast any rights for non-professional use - personal use, family or household - by a person who professionally performs an economic activity aimed at obtaining benefits. Meaning, a consumer is not one who obtains or uses goods or services to meet the needs of their profession or company.
The essential elements in defining a consumer are:
- Be a natural person (as opposed to legal persons - companies, associations, cultural societies, recreational ones, etc.);
- The supplied goods, services or related rights shall be for a non-professional use (for example, are not covered: the computer purchased for the activity of a company and the air conditioner installed in a lawyer's office);
- The supplier is someone who exercises professional character an economic activity that seeks benefits, including bodies of public administration, public legal persons, the publicly owned companies or held mostly by the state, the autonomous regions or local authorities and the Companies utilities (for example, also, the service provided by a public hospital, the safety of swimming lessons at a public pool, etc.).
For the Portuguese law it is irrelevant whether a person is an immigrant or non-immigrant, whether their situation is regular or not. As stated above, the consumer is the individual – natural person - who buys goods or services to a professional - company, sole trader (consumption ratio). The goods have to be allocated to an individual or household.
Thus, if an immigrant, with its regulated or unregulated situation, acquire a good or a service consumer is a consumer and boasts an array of rights under the law, called "consumer rights".
To make it simple, let's see some practical examples, various different ones:
- You bought a 2nd hand car at a stand. The seller says it is not entitled to warranty - is it true?
- Back from laundry, you notice that your jacket has stains that are impossible to eliminate. How to proceed so that the damage is repaired?
- On an advertising poster, it is stated that the dream trip includes a tour; but, when you go to the travel agency, they tell you that tour is an extra. Is there any obligation for the travel operator resulting from the said advertising message?
- You receive at home a book that you had not ordered, and later are required to pay. Is this action is likely to be sanctioned?
- A bank says they can only give you a house loan if you take the house insurance from an insurance company that belongs from the same economic group. Can you react to this situation?
- The flat you bought three years ago has noticeable cracks in the walls. Do you have any right against the builder?
To each of these situations the consumer rights will apply. Let's look at the practical application some examples: in the first case the right to quality of the goods determines the right to guarantee such property (conformity of the goods with the contract) provided for in specific legislation; in the third case the right to information that determines the concrete and objective information contained in the advertising of specific goods or services are deemed to be integrated into the content of the contracts that will celebrate after their issue, having by contractual clauses unwritten otherwise, and finally, the fourth case is part of the scope of the right to protection of economic interests, which establishes that the consumer has no obligation to pay for goods or services that have not previously and expressly ordered or requested.
According to the Consumer Protection Act consumers have the following rights:
- The quality of goods and services;
- The protection of the health and physical security;
- The training and education for consumption;
- The information for the consumer;
- The protection of economic interests;
- The prevention and compensation for pecuniary damage resulting from the offense of their interests or rights (homogeneous individual, collective or diffuse);
- The legal protection and an accessible and prompt justice;
- The participation by representative means, in legal or administrative definition of their rights and interests.
The established rights apply to the universe of consumers whether or not immigrants.
The application of these rights spans such diverse areas as essential public services, for example the supply of water or electricity, the warranty when buying a car, bank and insurance services, food or school.
It all depends on the contract you signed, where he signed and when signed. Or purchase you made or the service you requested.
For the law to be applied may vary according to a number of factors, please note the following general information:
- Do not want to be bound to the contract (purchase of a good or service)? Some contracts allow "going back", i.e. can be solved - right of withdrawal (terminated, canceled) without the consumer being penalized. Go immediately to a consumer protection structure (eg: the Office of Immigrant Consumer Support - view information about the GAIC) - do not let pass more than 7 days, you may miss a deadline;
- Pay attention to deadlines. There are numerous deadlines: to terminate a contract, to complain, to report a defect, to trigger a guarantee, etc. Do not let missing a deadline. Do not miss more than seven days to obtain information from a consumer protection framework;
- Has originals or copies of all documents, especially those signed? There he was given a note or order confirmation? He was not given the invoice / receipt? You will have to file a claim. Head to a structure that will help in preparing the complaint (for example, the GAIC - view information about the GAIC).
- Seller says the good has no warranty. Enquire to know what the law says.
- The good is defective. Enquire to know what to do. For example, find out what the deadlines for report (inform) the defects the seller. The do nothing may mean: losing their rights.
Yes. The most obvious are the relations between professionals. For example, the provision of a plumbing repair service of a bathroom in a bank branch. This is not a relationship of consumption, then the bank is not consumer.
There is also no relationship consumption when the citizen makes contact with some utilities, for example the police, the courts and finance. Complaints and claims that arise in these relations must consequently be filed with especially bodies to the supervision of the performance of public services, in particular with the Ombudsman.
Because it is difficult to list all the relationships that are not consumption, as are many, then it is preferable to think otherwise. If as a person (singular individual = physical individual) gather the elements described in the previous question to be considered consumer in a given relationship, then you are faced with a consumer relationship.
There is also no relationship consumption when the citizen makes contact with some utilities, for example the police, the courts and finance. Complaints and claims that arise in these relations must consequently be filed with especially bodies to the supervision of the performance of public services, in particular with the Ombudsman.
Because it is difficult to list all the relationships that are not consumption, as are many, then it is preferable to think otherwise. If as a person (singular individual = physical individual) gather the elements described in the previous question to be considered consumer in a given relationship, then you are faced with a consumer relationship.
Further information on http://www.consumidor.pt/, or directly with the GAIC- Office of Immigrant Support Consumer National Centre for Immigrant Support
National Centre for Immigrant Support - Lisbon
Rua Álvaro Coutinho, 14
1150-025 LISBON
Telephone: 21 810 61 00 Fax: 21 810 61 17
Website: http://www.acidi.gov.pt/
E-mail: informacoes@cnai.acidi.gov.pt
Schedule: Mon to Fri from 08h00 to 17h00
Rua Álvaro Coutinho, 14
1150-025 LISBON
Telephone: 21 810 61 00 Fax: 21 810 61 17
Website: http://www.acidi.gov.pt/
E-mail: informacoes@cnai.acidi.gov.pt
Schedule: Mon to Fri from 08h00 to 17h00
