Guide contracting between entrepreneurs and consumers: Terms and unfair terms (y III)

condiciones generales de contratación

 

 

 

 

 

 

 

 

In trading and contracting with a large number of parties, general conditions are a facility for the company, but sometimes leads to abuse the "fine print".

For standard terms binding on the contracting individually, must be concrete, clear, simple, visible and legible and written in good faith and with fair balance between the rights and obligations of the parties (art. 80.1 the LGDCU).

Should bring an individual action, if doubts arise, construed in the manner most favorable to the consumer (art. 80.2 LGDCU). In collective actions, this rule does not apply.

Its unfair terms non-individually negotiated and practices not expressly consented to cause to the detriment of consumers and users imbalance important rights and obligations of the contracting, against the requirements of good faith (art. 82.1 LGDCU).

The consequences of consideration as abusive clauses are those considered null and void and must not put (art.83.1 LGDCU). But the declaration of nullity is for the Judge. The rest of the contract, remain in effect unless the court has directed otherwise.

Articles 85 a 90 the LGDCU considered abusive clauses relate:

  • Art. 85 LGDCU: Clauses linking the contract to the will of the employer as those imposed on the consumer, having a disproportionately high compensation. Or clauses that allow the employer not to be bound by commitments of their representatives.
  • Art. 86 LGDCU: Clauses limited basic consumer rights as the right to compensation when goods or services are not provided adequate.
  • Art. 87 LGDCU: Unfair terms by lack of reciprocity as those in the supply contracts set Speeds excessive length or hinder the consumer to terminate the contract.
  • Art. 88 LGDCU: Unfair terms in relation to the guarantees as when they are disproportionate risk actually incurred by the employer.
  • Art. 89 LGDCU: Clauses that influence the development and execution of the contract, for example forcing consumers to purchase goods or services or accessories they had not been ordered.
  • Art. 90 LGDCU: Clauses that determine the jurisdiction and applicable law, forcing a different consumer arbitration, or submitting to different courts of the consumer, the place of performance of the obligation or the location of the property to be procured.

The art. 91 LGDCU allows contracts related securities, financial instruments and currencies, unilaterally amend contracts, are resolved in advance or prices are changed when they are linked to a price index or, without being regarded as unfair terms.

Penalties

Articles 51 and 52 LGDCU set of sanctions which may include:

  • Fines.
  • The temporary closure of the establishment until 5 years old.
  • The decommissioning.
  • The precautionary product recall or permanent.
  • Seizure of goods.
  • Advertising sanctions.

Even in the most serious cases, could incur offenses punishable by Penal Code (articles 278 and following the C.P).

Ultimately, against the popular belief that "there is nothing to do for that is all signed", consumers have the protection afforded by the LGDCU and can get the annulment of the contract clauses when considering abusive.

Consult your case by clicking here.

Monday 24 February 2014 we have an appointment in the webinar we will celebrate together with the financial community on the Internet prestigious Rankia.com, about solutions for mortgages clause soil. You can register for free here.

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