Page 1

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INDEX
12

Considering
TITLE I
Of consumer protection

14

CHAPTER I
General disposition

14

Art. 1 Object and purpose

14

Art. 2 Scope of application

14

Art. 3 Subjects of the law

fifteen

Art. 4 Basic rights of consumers

16

Art. 5 Unwaivable rights

18

Art. 5-A Collective of consumers with disabilities

19

CHAPTER II
19

Right to safety and quality
Art. 6 General provision

twenty

Art. 7 Obligations of suppliers

twenty

Art. 8 Products that can affect health

22

Art. 9 Toxic, caustic, corrosive or abrasive substances

22

Art. 10 Prohibition of entry of merchandise

2. 3

CHAPTER III
2. 3

Protection of economic and social interests
Art. 11 General provision

2. 3

Art. 12 Calculation of interest

2. 3

Art. 12-A Commissions and surcharges

24

Art. 12-B On ​the forward sale of movable property

25

Art. 13 Deferred delivery

26

Art. 13-A Right of withdrawal

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Art. 13-B Right to unsubscribe

31

Art. 13-C Consumer Protection in electronic commerce

31

Art. 13-D Reversal of payments

32

Art. 14 Offer of expired or altered products

33

Art. 15 Contests, raffles, gifts and the like

33

Art. 16 Requirements for promotions and offers

33

Art. 17 Abusive clauses

3. 4

Art. 18 Abusive practices

35

Art. 19 Special obligations for service providers
financial

38

Art. 20 Special prohibitions for suppliers of
financial services

41

Art. 21 Obligations of entities specialized in the
provision of information services

42

Art. 21-A Special obligations for suppliers of goods and
services through electronic commerce, prior to the
hiring

43

Art. 21-B Special obligations for suppliers of
goods and services through electronic commerce
during and after the recruitment phase

Four. Five

Art. 22 Adhesion contracts

47

Art. 23 Spare parts, freight and technical services

48

Art. 24 Provision of services

48

Art. 25 Prohibition of requiring personal appearance

49

Art. 26 Refund in case of deposit for containers

49

Art. 26-A Settlement

49

CHAPTER IV
RIGHT TO INFORMATION
Art. 27 General information obligation

fifty
fifty

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Art. 28 Packaging and packaging of products that can
influence health

51

Art. 29 Advertising in commercial establishments

53

Art. 30 Information on promotions

53

Art. 31 Illicit, misleading or false advertising

54

Art. 32 Goods with deficiencies, used or reconstructed

56

CHAPTER V
GUARANTEES AND LIABILITIES ON ASSETS
57

AND SERVICES
Art. 33 Legal guarantee on goods

57

Art. 33-A Execution of guarantees

58

Art. 34 Scope of the guarantee

58

Art. 35 Joint and several liability

59

Art. 36 Responsible parties

fifty

Art. 37 Responsibility for correct use

60

CHAPTER VI
RIGHT TO EDUCATION AND TRAINING IN
61

CONSUMER MATTER
Art. 38 Purpose of consumer education

61

Art. 39 Continuous training

62

TITLE II
INFRINGEMENTS AND SANCTIONS

62

CHAPTER I
62

INFRACTIONS
Art. 40 Principles of legality and culpability

62

Art. 41 Classification of offenses

63

Art. 42 Minor offenses

63

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Art. 43 Serious offenses

64

Art. 44 Very serious offenses

67

CHAPTER II
70

SANCTIONS
Art. 45 Fine for minor offenses

70

Art. 46 Fine for serious offenses

71

Art. 47 Fine for very serious offenses

71

Art. 48 Fine and compensation for infractions that
affect collective or diffuse interests

71

Art. 49 Criteria for determining the fine

72

Art. 50 Accessory sanctions

72

Art. 50-A Means of coercive execution

73

Art. 51 Closure of the establishment and disqualification of the
businessman

74

Art. 52 Exemption from liability

74

Art. 53 Collective and diffuse interests

75

Art. 54 Destination of fines

75

Art. 55 Register of sanctioning resolutions

75

TITLE III
THE CONSUMER OMBUDSMAN

75

CHAPTER I
CREATION, FUNCTIONS AND COMPETENCES

75

Art. 56 Creation of the Consumer Defender's Office

76

Art. 57 Function

76

Art. 58 Powers

76

Art. 59 Assistance from the public force

79

Art. 60 Territorial scope

79

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CHAPTER II
80

ORGANIZATION
SECTION A
GENERAL DISPOSITION

80

Art. 61 Administrative organization

80

Art. 62 Effective service to consumers

80

Art. 63 Ombudsman's Office

81

Art. 64 Liability

81

Art. 65 Internal Regulations and Organization Manual

81

SECTION B
PRESIDENT OF THE OMBUDSMAN'S OFFICE

81

Art. 66 Appointment

81

Art. 67 Requirements

82

Art. 68 Impediments and incompatibilities

82

Art. 69 Powers of the President

83

Art. 70 Cessation of office

84

Art. 71 Delegation and temporary substitution

85

SECTION C
85

CONSULTIVE ADVICE
Art. 72 Advisory Council

86

Art. 73 Period of office

87

Art. 74 Powers

87

Art. 75 Board meetings and remuneration

87

Art. 76 Quorum and voting

88

Art. 77 How to make up for absences

88

Art. 78 Causes for removal of councilors

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SECTION D
89

Sanctioning Court
Art. 79 Sanctioning Court

89

Art. 80 Appointment

90

Art. 81 Period of office

90

Art. 82 Secretary

90

Art. 83 Powers of the Sanctioning Court

91

Art. 84 Protest and taking possession

91

Art. 85 Incompatibilities, prohibitions and cause of
removal of the members of the Tribunal

91

Art. 86 Impediments

92

Art. 87 Excuses and challenges

92

Art. 88 Voting Method

93

CHAPTER III
FINANCIAL AND EQUITY REGIME

93

Art. 89 Budget

93

Art. 90 International assistance

93

Art. 91 Assets and equity

93

Art. 92 Inspection

94

CHAPTER IV
ADMINISTRATIVE SERVICE

94

Art. 93 Creation and elimination of places

94

Art. 94 Headquarters and consultancies

95

Art. 95 Internal work regulations

95

Art. 96 Obligation of confidentiality

95

TITLE IV
PROCESS

96

CHAPTER I
GENERAL FEATURES

96
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Art. 97 Respect for rights and guarantees

96

Art. 98 Informality in the procedure

96

Art. 99 Power to issue precautionary measures

97

Art. 100 Types of precautionary measures

98

Art. 101 Minutes

98

Art. 102 Formation of the file

98

Art. 103 Validity requirements

99

Art. 104 Deadlines and notifications

99

Art. 105 Inappropriateness

99

Art. 106 Motivation of Resolutions

100

Art. 107 Prescription

100

CHAPTER II
ALTERNATE CONFLICT RESOLUTION MEANS

100

DISPUTE RESOLUTION CENTER AND
OF ALTERNATE MEANS OF SOLUTION OF
100

CONFLICTS
Art. 108 Dispute Resolution Center

101

Art. 109 Denunciation

101

Art. 110 Agreement

102

Art. 111 Conciliation

102

Art. 112 Failure to appear at the hearing

103

Art. 113 Competent authority

104

Art. 114 Equality of the parties

104

Art. 115 Mediation

104

Art. 116 Mediation hearing

105

Art. 117 Mediation agreement

105

Art. 118 Agreements with Mediation and Arbitration Centers

105

Art. 119 Arbitration

106

Art. 120 Types of Arbitration

107

Art. 121 Request for arbitration

108

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Art. 122 Principles of the arbitration exception

108

Art. 123 Notification

109

Art. 124 Answer

109

Art. 125 Appointments of arbitrators

110

Art. 126 Challenges and impediments

111

Art. 127 Substitution of arbitrators

112

Art. 128 Commencement and duration of the arbitration

112

Art. 129 Court installation hearing

112

Art. 130 Application and its modification

112

Art. 131 Answer to the claim

113

Art. 132 Evidence hearings and their assessment

114

Art. 133 Expert evidence

114

Art. 134 Hearing of arguments

115

Art. 135 Award

115

Art. 136 Notification hearing

115

Art. 136-A Abbreviated procedure for minor amounts

116

Art. 137 Clarification, correction or addition of the arbitration award

118

Art. 138 Appeal for annulment

118

Art. 139 Grounds for annulment of the award

119

Art. 140 Admissibility and rejection

122

Art. 141 Procedure and expiration of the appeal

121

Art. 142 Value of the arbitration award

121

CHAPTER III
SANCTIONING PROCEDURE

122

Art. 143 Initiation of the procedure

122

Art. 144 Procedure

123

Art. 144-A Simplified procedure

123

Art. 145 Summons of the accused

125

Art. 146 Evidence phase

125

Art. 147 Final resolution

126

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Art. 148 Clarifications and corrections

126

Art. 149 Resolutions

126

Art. 150 Conservation of civil action and others

127

Art. 150-A Capacity to be a party and legal standing

127

TITLE V
NATIONAL SYSTEM OF PROTECTION TO
CONSUMER

128

CHAPTER I
128

GENERAL FEATURES
Art. 151 System

128

Art. 152 System Coordinator

128

Art. 153 System Activities

129

Art. 154 Quality control activities

130

CHAPTER II
THE COOPERATION

130

Art. 155 Information request

130

Art. 156 Exchange of information

131

Art. 157 Use of the information exchanged

131

Art. 158 Requests for the application of measures

131

Art. 159 Coordination of protection measures for
the consumers

132

Art. 160 Complaints and database

132

CHAPTER III
CONSUMER ASSOCIATIONS

132

Art. 161 Association book

132

Art. 162 Of consumer associations

132

Art. 163 Conditions for accreditation

133

Art. 164 Requirements to be accredited

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TITLE VI
FINAL, TRANSITIONAL PROVISIONS,
REPEALS AND VALIDITY

134

SINGLE CHAPTER
134

SCOPE
Art. 165 References in other laws

134

Art. 166 Regulations

135

Art. 167 Supplementary application of common legislation

135

Art. 168 Pending administrative procedures and
existing contracts

135

Art. 169 Appointment of the first President of the Ombudsman's Office,
members of the Advisory Council and the Tribunal
Sanctioner

138

Art. 170 Transfer of resources

139

Art. 171 Repeal

140

Art. 172 Validity

140

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DECREE No. 776
THE LEGISLATIVE ASSEMBLY OF THE
REPUBLIC OF EL SALVADOR,
CONSIDERING:

I. That Article 101 of the Constitution provides that the order
economic should respond essentially to the principles of
social justice, in order to assure all the inhabitants of the
country an existence worthy of the human being, corresponding
to the State the promotion of economic and social development
by increasing production, productivity and
rational use of resources; as well as the promotion of
various sectors of production and defend the interests of
consumers;
II. That according to the United Nations Guidelines
for Consumer Protection, corresponds to governments
formulate and maintain a consumer protection policy,
taking into account the right of consumers to have
access to safe products, as well as the importance of
promote fair and equitable economic and social development and the
environmental Protection;
III. That the Consumer Protection Law, approved by Decree
Legislative No. 666, dated March 14, 1996, published
in Official Gazette No. 58, Volume No. 330 of 22 of that same
month and year, despite the innovations it introduced, requires
a better structure and systematic development, as well as a
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comprehensive and preventive vision that guarantees the protection of
consumers;
IV. That it is essential to maintain the full validity of the
guiding principles of the market economy model,
promoting ethical behavior of entrepreneurs and
promoting equal opportunities among them;
V. That consumer protection requires the
establishment of a National System for the Protection of
Consumer and a decentralized institution that promotes,
coordinate and execute public action in the protection of
those;
SAW. That it is essential to promote ethical behavior and
social responsibility of entrepreneurs, promoting the
respect for the rights of consumers;
VII. That given the need to restructure the regulatory framework
and organic consumer protection, it is necessary
enact a new law to replace the one mentioned in the
Considering III.
THEREFORE,
in use of his constitutional powers and at the initiative of the President of
the Republic through the Minister of the Economy.
DECREES the following:

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PROTECTION LAW
TO THE CONSUMER
TITLE I
OF CONSUMER PROTECTION
CHAPTER I
GENERAL DISPOSITION

Object and purpose
Art. 1.- The purpose of this law is to protect the rights of
consumers in order to ensure balance, certainty and legal security
in its relationships with suppliers.
It also aims to establish the National Protection System
the Consumer and the Consumer Defender as an institution
in charge of promoting and developing consumer protection,
arranging its organization, competence and its relationships with
organs and institutions of the State and individuals, when required
coordinate their performance.
Area of ​application
Art. 2.- All consumers and consumers are subject to this law.
suppliers, whether they are natural or legal persons in terms of
the legal acts concluded between them, related to the distribution,
deposit, sale, commercial lease or any other form of
commercialization of goods or contracting of services.
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Subjects of the Law
Art. 3.- For the purposes of this law, it shall be understood as:
a) Consumer or User: any natural or legal person who
acquire, use or enjoy goods or services, or receive an offer
of the same, whatever the public or private nature,
individual or collective of those who produce, market,
facilitate, supply or dispatch; Y
b) Provider: any natural or legal person, of a nature
public or private that develops production activities,
manufacturing, import, supply, construction, distribution,
rental, facilitation, marketing or contracting of goods,
transformation, storage, transportation, as well as
provision of services to consumers, by paying
of price, rate or tariff. For the purposes of this law, also
Void, irregular or de facto companies are subject,
any of its members responding in solidarity.
Likewise, it will be considered a supplier who, by virtue of
an eventual commercial contract, deliver free of charge
goods or services.
In the event that the consumer is the State, the Municipality or any
public entity, for the solution of the controversies that arise
As a result of the respective hiring, the provisions will be followed
in the Law of Acquisitions and Contracts of the Administration
Public and other applicable laws.

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Basic consumer rights
Art. 4.- Without prejudice to the other rights derived from the
enforcement of other laws, basic consumer rights
are as follows:
a) Be protected from price rises of goods and services
essential according to the provisions of literal c) of art. 58 of
this law;
b) Be protected from charges for undelivered goods or services not
rendered;
c) Receive from the supplier complete, accurate, truthful, clear information
and timely that determines the characteristics of the products and
services to be acquired, as well as the risks or effects
secondary, if any, and the conditions of the contract;
d) Be protected against misleading or false advertising in the terms
established in Inc. 4 of art. 31 of this law;
e) Acquire the goods or services under the conditions or terms that the
supplier publicly bid;
f) Be educated and informed on consumer matters in the way
established in Chapter VI of this Title; as well as
join together in consumer associations for the protection of
your interests;

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g) Choose freely and receive equal treatment in similar
circumstances, without discrimination or abuse of any kind;
h) Be protected against the risks of receiving products or services,
that under normal or foreseeable conditions of use, put
your life, health or integrity in danger;
i) Claim and receive compensation in the event that the products or
services are delivered in different quality, quantity or form
of the one offered, being able to choose any of the following
options: the repair of the property, demand the fulfillment of the offer
according to the original terms, if this is possible; to
reduction of the price, rate or tariff of the good or service; accept to
exchange a product or service different from the one offered or return
of what he had paid in accordance with the provisions of Art. 34 of
this law;
j) Access the administrative bodies established to ventilate
claims for violations of their rights, through a process
simple, short and free;
k) Defend their rights in administrative procedures of
conflict resolution, reversing the burden of proof to
your favor, when it comes to the provision of public services;
l) Be protected from abusive practices and the inclusion of clauses
abusive in contracts;
m) Claim by judicial means or through the different means
alternative dispute resolution, damage repair and
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damages suffered due to deficiency, poor quality or delay in the
delivery of the goods or services purchased;
n) Receive from the supplier a detailed explanation of all
the obligations and conditions stipulated in the contract and its
annexes, to which the parties undertake to comply and read by
himself the content of the contracts;
o) That a term contract is not extended or renewed
determined without your express written consent; Y
p) Desist or withdraw from a contract in the established terms
in this law. (1)
q) Be protected in electronic commerce transactions between
supplier and consumer. (two)
Unwaivable rights
Art. 5.- The rights that this law recognizes to consumers are
cannot be waived in advance and against their observance, they may not
claim customs, uses or practices, agreements or stipulations in
contrary.
Consumers and suppliers may in any judicial instance
or administrative, mediate, conciliate, submit to arbitration or agree on the
solution of their controversies, being enforceable and obligatory for both
parties fully comply with what was agreed.

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Collective of consumers with disabilities (1)
Art. 5-A. Due to the special circumstances that in them
concur, people with physical, mental, psychological disabilities
or sensory, as consumers, will enjoy special protection
on the part of all State Bodies and, especially, on the part of
the Consumer Ombudsman who, within the framework of the attributions
conferred by this law, will seek:
a) Contribute to their social inclusion as consumers and users,
through the adoption of measures for education, prevention
and the attention of claims of this group;
b) Promote awareness, study and information actions
on different topics related to the consumption of
people with disabilities in terms of access to goods and
services, especially those offered directly by the
public administration; Y,
c) Promote collaboration between the group of the disabled,
consumer organizations and public institutions
related to the subject, in order to develop programs
groups in favor of the defense of people's rights
with disabilities as consumers of products and services.
(1)

CHAPTER II
RIGHT TO SAFETY AND
TO QUALITY

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General layout
Art. 6.- Products and services made available on the market
of consumers must not pose a risk to their life, health or
safety, nor for the environment, except those legally admitted in
normal and foreseeable conditions of use.
The risks arising from a foreseeable use of the goods and
services, taking into account their nature and the people to whom they go
intended, must be previously informed to consumers by
appropriate means.
Obligations of suppliers
Art. 7.- Suppliers who carry out import activities,
production, transformation, storage, transportation, distribution
and marketing of goods and provision of services shall, for
not risk life, health, safety of people and the environment
environment, observe the legal, regulatory or technical standards that
are issued on the matter, as well as facilitate the control, surveillance and
inspection by the competent authorities.
Especially they will be obliged to:
a) Do not use substances prohibited by current treaties,
laws, regulations or according to the lists established by the Body
Executive or other State institutions, within the limits of their
competencies;

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b) Not having or storing prohibited products on the premises or
production, transformation, storage facilities,
marketing or means of transportation of food or beverages;
c) Comply with the control requirements of toxic products
or poisonous, including those resulting from mixtures and other
industrial manipulations, so that it can be verified
quickly and efficiently its origin, distribution, destination and use;
d) Not to sell or supply packaged, packaged or
subject to any other kind of precautionary measure, when not
contain the closures, labels and tags;
e) Withdraw or suspend any product or service that does not fit
to the conditions and prevention requirements demanded by the
applicable laws, regulations and standards or that pose a risk
foreseeable for the life, health or safety of people;
f) Comply with the control requirements of manufactured products
liable to affect the physical safety of people,
paying due attention to the services of
repair and maintenance in their premises or facilities;
g) Comply with the required conditions that guarantee security,
quality and health, in the case of collective transport,
facilities, premises and spaces for public use, especially those
intended for minors;
h) Provide the Consumer Ombudsman with the information that
this requires them to efficiently carry out their functions;
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i) Deliver the sample (s) free of charge to the Ombudsman
product requirements for compliance verification
of the Law, regulations and technical standards of a mandatory nature
in accordance with Art. 58 literal J). Whenever possible,
said samples must be returned without further modification
that those caused by the application of the tests to which they are
submitted. (1)

Failure to comply with the obligations established in literal a)
to g) of this article will carry the sanctions established in
the laws and regulations on the matter in question, which will be
imposed by the competent authority. In the event that the Ombudsman
Consumer detects breaches of the aforementioned obligations,
You must make it known to the corresponding authorities
within a period of twenty-four hours, without prejudice to what is established in
the Arts. 99 and 100 of this law.
Products that can affect health
Art. 8.- Every producer, importer, distributor or marketer of
food products, beverages, medicines or products that may
affect human or animal health, in addition to complying with the
norms contained in the Health Code and other laws, regulations
and applicable regulations, must be placed in a visible place, in the
commercial establishment where such products are sold, posters
in which the rights of the consumer are consigned.
Toxic, caustic, corrosive or abrasive substances
Art. 9.- In the case of fertilizers, pesticides and all the articles that
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in their composition contain toxic, caustic, corrosive or
abrasives, the requirements established in the Law on
Control of Pesticides, Fertilizers and Products for Agricultural use, and
Regarding packaging, wrapping and labeling, the provisions will be followed
in said law.
Prohibition of entry of merchandise
Art. 10.- Goods produced abroad that do not meet the
characteristics established in the previous articles, will be of
prohibited importation into the country, applying the applicable laws
customs.

CHAPTER III
INTEREST PROTECTION
ECONOMIC AND SOCIAL
General layout
Art. 11.- The economic and social interests of consumers
will be protected in the terms established in this law, applying
additionally as provided by civil and commercial regulations,
that regulate foreign trade and the authorization regime of each
product or service.
Interest calculation
Art. 12.- In installment, mutual and credit purchase contracts
of any kind, subject to payment in installments or upon expiration of the
term, interest will be calculated on the daily balances pending
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cancel, based on the calendar year. They cannot be agreed or charged
interest on accrued and unpaid interest, or on commissions
and surcharges.
In case of default, the default interest will be calculated and paid on the
overdue capital and not on the total balance of the debt, even if it is agreed
otherwise.
Commissions and Surcharges (1)
Art. 12-A. Only the commissions identified and described may be charged
in the contract, and that they correspond to an additional service effectively
provided by the supplier and that is not inherent to the product or service
contracted by the consumer.
It will be understood by service inherent to the product or service contracted
by the consumer, who is necessary for the effective provision of the
object or purpose of the contract.
Only the collection of surcharges for non-compliance will proceed
contractual by the consumer, when he is duly
identified in the respective contract.
The commissions and surcharges applicable to the products or services
contracted must be read and explained to the consumer at the time
of the recruitment.
Commissions or surcharges may not be established by the administration
or credit management, as established in inc. 1st of the present
article, and they cannot be charged when they are generated by
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responsibility, by action or omission of the supplier, or failures in its
computer system.
The interest rate and the amount of commissions and surcharges applied to the
type of service contracted in the invoiced period and those applicable in the
following period, when applicable, should be reported and explained to the
time of hiring, they must also be notified monthly
these to the consumer through the statement of account, billing document
or payment or the means indicated in the contract for this purpose.
Only the overdraft originated by the acquisition of goods will proceed
and services by the consumer, and whenever authorized
expressly in the contract or legal document granted for this purpose,
within the limit established therein. No interest can be charged,
commissions or surcharges generated by overdraft that have not been agreed
in the contract or document that protects it. (1)
On the forward sale of movable property (1)
Art. 12-B. Suppliers who sell personal property on installments, or who
provide financing services for their acquisition,
directly or through third parties, they must comply with the same
obligations indicated in this law for service providers
financial
Contracts for the sale of movable property must include
clearly and expressly, at least the following information:
a) The name and surname or business name and address of the parties
contracting parties; and in financing contracts, the name or reason
funder's company name and domicile;
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b) Nature of the contract;
c) Identification of the good object of the contract, and its characteristics
general and specific;
d) Sale price of the asset in cash;
e) Term of the contract;
f) Initial disbursement amount and principal balance due when
exist, interest rate and number of estimated installments and amount
of the same for the payment of the aforementioned balance, or description of the
form of financing;
g) Place and date for making payments and conditions for
payment on non-business days;
h) The criminal title reservation clause or any other form of
guarantee allowed by law, and proof of the documents of
obligation signed with the consumer in relation to the contract;
i) Conditions of the guarantee of the good object of the contract;
j) Place and date of the contract; Y
k) Signatures of the contracting parties. (1)
Deferred delivery
Art. 13.- If at the time of contracting between those present,
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The good is not delivered or the service is not provided, it must be extended
an additional proof signed by the parties, in which it will be made
state the place and date it will be delivered, and the consequences of the
non-compliance or delay. In the case of services, the voucher must
indicate the components or materials to be used, the price of the
themselves and the workforce, if applicable.
If the consequences of non-compliance have not been established
or delay on the part of the provider, the consumer will have the right to be
indemnified by him, in an amount not less than the legal interest in
mercantile matter on the value of the good or service that is owed.
The delay of the supplier gives the consumer the right to renounce that
the good is delivered or the service is provided, with the supplier owing
reimburse what was paid and compensate the consumer in the amount established
in the previous paragraph.
If the consumer desists from the contract, the supplier
You must reimburse what you paid, but you may retain as
administrative expenses, an amount that may not exceed the amount
resulting from calculating the legal commercial interest on the amount
delivered, either as a premium, advance or total price. The
Interest will be calculated taking into account the time elapsed between
the date the payment was made and the date on which the payment was withdrawn
contract. (1)
In no case the price agreed at the time of signing the contract
may be unilaterally modified by any of the parties, except
that they agree otherwise.

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Right of withdrawal (1)
Art. 13-A. The right of withdrawal from a contract is the faculty of the
consumer to rescind the contract unilaterally, without the need for
to justify their decision and without any penalty, as long as they do not
would have been perfected because the period of eight
days, or the good had not started to be used, or the service was not
I would have started lending.
a) The right of withdrawal may be exercised in the following cases:
I. In the purchase of goods and contracting of services offered
by the provider or a third party acting on their own outside the
commercial establishment, in meetings called with said
objective by the provider, and where the consumer must express
your acceptance within the same day of the meeting. All the
contracts concluded outside the supplier's premises,
in which there is no request, they are presumed to be subject to
provided in this article, so that it will correspond to the
supplier the evidence to the contrary;
II. In distance contracts, that is, contracts concluded
with consumers in the context of a business activity,
without the simultaneous physical presence of the contracting parties, always
that the offer and acceptance are made exclusively to
through any remote communication technique
and within an organized distance contracting system
by the employer. Among others, they are considered
distance communication techniques: printed matter, with or without

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specific recipient; the letters in forms; advertising
in press with order coupon; the catalog; the phone, with
or without human intervention, which is the case with calls
automatic or audio text; the email; the fax and the
TV;
III. When this is recognized in the offer, promotion, advertising or
in the contract itself.
b) In addition to what is stated in literal a) of this article, the exercise
of the right of withdrawal will be subject to the following rules:
I. In the cases in which in accordance with this provision
the retraction proceeds, the contract will not be perfected until
that the term established for its exercise elapses. The term
to exercise the right of withdrawal, it will be counted from the
delivered the contracted good or from the date of celebration of the
contract, if the object of this was the provision of services;
II. The exercise of the right of withdrawal will not be subject to formality.
any, it is enough that it is accredited in writing and that it can be
establish reliably the date on which the
supplier. The communication must be made at the address of the
supplier or in any of its establishments and if this
I refuse to accept the communication, the consumer may go
to the Consumer Ombudsman to communicate your desire to do
assert the right of withdrawal, and the director of the Solution Center
of Controversies will certify the consumer's request. On
in the case of Roman ii) of literal a) of this provision, the

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communication can also be done in the same media
employees to enter into the contract. The risk of loss of
good will be assumed by the consumer;
III. The clauses that impose the consumer and
user a penalty for the exercise of this right,
but they will be responsible for the administrative expenses that
could have generated the contract to the supplier, which did not
may exceed the amount resulting from calculating the interest
commercial law on the amount delivered, either in concept
premium, advance or total price. Interest will be charged bearing
take into account the time elapsed between the date that was performed
the payment and the date on which the contract was withdrawn;
IV. Once the consumer has exercised the right of withdrawal,
the supplier will be obliged to return the sums paid
by the consumer and within a maximum period of fifteen days
from the communication of the withdrawal;
V. The unpacking necessary to assess and for verification
of good does not imply having used it. However, the consumer and
The user must restore the good and the elements in good condition
original packaging, such as labels, certificates of
warranty, user manuals, boxes, protection elements or
its respective value, previously reported;
SAW. In those cases in which the price of the good or service has
been fully or partially covered with a credit granted to the
consumer by the supplier or by a third party, prior agreement

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between it and the supplier, which must be indicated in the contract
credit, the withdrawal will resolve said credit. The provider
will be obliged to notify the third party about the exercise of the
consumer's right of withdrawal. In case of costs
involved, for example the cancellation of guarantees, these
will be borne by the consumer, when the credit has been
granted by a third party. (1)
Right to unsubscribe (1)
Art. 13-B. Once you have fulfilled your contractual obligations, the
consumer will have the right to demand cancellation or unsubscribe from
the provision of a continuous or successive tract good or service with the
same or similar facilities that you had to hire. All provider
is obliged to inform the consumer at the time of contracting,
on the procedure to exercise this right.
When in accordance with this provision it is appropriate to request the cancellation of a
service, the provider must make it effective within ten days
following the date it was requested. After said
term without the supplier having made the cancellation effective, it will be understood
that this has occurred automatically and that, therefore, in
henceforth there will no longer be any obligation for the consumer.
The supplier must inform the consumer directly, thirty days
before the end of the contract, so that the consumer manifests
your will in writing, to continue or not with the service. (1)

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Consumer protection in electronic commerce (2)
Art. 13-C.- for the purposes of this law, electronic commerce shall be understood,
such as the process of contracting or exchanging goods, services and
commercial information through data communication networks. (two)
Reversal of payments (2)
Art. 13-D.- When the sales of goods or services are made with
suppliers legally established in El Salvador through trade
electronic or any other form of contracting, suppliers
goods or services must reverse the payments requested by the
consumer when:
a) Exercise your right of withdrawal;
b) The purchased product has not been received, or the contracted service
has not been loaned;
c) The object of the contract does not correspond to what was requested, or is
defective; Y
d) There are errors in the collection of transactions due to failures in the
third party payment systems.
The term to apply the reversal of the payment will be 15 days from the date
in which the consumer filed his claim.
When it comes to fraud or corresponds to unauthorized charges by
the consumer on his credit card, will be subject to the procedure
established in the Credit Card System Law. (two)
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Offer of expired or altered products
Art. 14. - It is forbidden to offer to the public, donate or put into circulation
any other title, all kinds of products or goods later
at the expiration date or whose mass, volume, quality or any other
measure specified in them is altered.
Contests, sweepstakes, gifts and the like
Art. 15.- Any provider that uses contests, raffles, gifts,
vouchers, prizes or similar, as circumstances related to the offer,
promotion or sale of certain goods or services, must comply
as promised in the conditions, terms and restrictions previously
established. Any restrictions must be clearly stated.
The supplier will be obliged to indicate in the tickets and stubs, the
way in which you will make known the results of the contest or sweepstakes. (1)
Requirements for promotions and offers
Art. 16.- Every supplier when establishing the clauses, conditions or
stipulations of promotions and offers of goods or services, and
clauses not individually negotiated, relating to such goods or
services, you must meet the following requirements:
a) Specification, clarity and simplicity in the wording, with the possibility of
direct understanding;
b) Good faith and fair balance between the rights and obligations of
the parties, which in any case will exclude the use of clauses
abusive; Y
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c) Not to condition the promotion or offer on the delivery or not of the receipt,
copy or document that accredits the operation.
In case of doubt about the meaning of the promotion or offer, it will be understood
in favor of the consumer.
Unfair terms
Art. 17.- All those stipulations will be considered abusive clauses.
that, contrary to the requirements of good faith, cause detriment
consumer, an imbalance in the rights and obligations of the
parts, such as:
a) Exonerate, mitigate or limit the liability of suppliers
in relation to the damages caused by the consumption or use of the
goods or services provided;
b) Allow the supplier to modify unilaterally to the detriment of the
consumer the conditions and terms of the contract, or withdraw
unilaterally from their obligations;
c) Denature the obligations derived from the hiring of
suppliers charge;
d) To renounce in advance the rights that the law recognizes to
consumers or that, in any way, limit their exercise or
expand the rights of the other party;
e) Reverse the burden of proof to the detriment of the consumer;

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f) Establish the extension of the contract without the will of the consumer;
g) Stipulate charges for advance payment, except in the case of
financial service providers, in which case the
established in Art. 19, literal m) of this law;
h) Impose any alternative means of dispute resolution in
adhesion contracts;
i) Clauses that imply the imposition of a penalty
that does not correspond to the damage caused to the supplier by the
breach of contract by the consumer. To analyze
the correspondence between the damage caused and the penalty,
will take into account, among other aspects, the value of the contract, its
state of execution, demonstrable costs incurred by the
supplier and the nature of the parties' services. (1)
The abusive nature of a clause will be evaluated taking into account the
nature of the goods or services that are the object of the contract, the circumstances
that concur at the time of its celebration and the other clauses
of the same or of another on which it depends. They will be considered unwritten
the clauses, conditions and stipulations in which the
abusive character.
Abusive practices
Art. 18.- Any provider is prohibited from:
a) Condition the sale of a good or the provision of a service to
the acquisition of another, except that, due to their nature,
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are complementary, are part of commercial offers or
that for the uses and customs are offered together;
b) Condition the contract to the consumer signing blank
bills of exchange, promissory notes, invoices or any other document of
obligation or other considered as an annex to the contract; unless,
in the case of securities, the omitted requirements are presumed
expressly the law.
For the purposes of this literal, bills of exchange and promissory notes
must contain at least the name of the debtor, the amount
of the debt, the date and place of issue;
c) Make improper charges, such as direct charges on account of
goods or services that have not been previously authorized or
requested by the consumer. In no case can silence be
interpreted by the supplier as a sign of acceptance of the position
from the consumer;
d) Denying the consumer maintenance or spare parts services
of pieces of a good, just for not having acquired it in that
establishment;
e) Discriminate against the consumer on the grounds of disability, sex,
race, religion, age, economic, social or political condition;
f) Carry out defamatory or libelous collection procedures to the detriment
of the debtor, co-debtor, guarantor or their relatives; use measures of
physical or moral coercion for such purposes; as well as post by
any means of communication names, personal data or
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photographs of natural or legal persons for breach of
your credit obligations. This prohibition also applies
to natural or legal persons who are engaged in formalities
collection; (two)
g) Share personal and credit information of the consumer, either
between suppliers or through entities specialized in the
provision of information services, without proper authorization
of the consumer;
h) Use any maneuver or device to achieve a hike
of prices or hoarding of: food, premium items
need and essential services; (1)
i) Not recording the payments made by the consumer, or not detailing the
destination of the same; (two)
j) Impute or record payments made by the consumer, with a
date after that in which it was actually done; (1)
k) Automatically extend or renew a term contract
determined without the consent of the consumer expressed by
written; Unless the provisions of this literal are already regulated in
other special laws; (1)
l) Collect charges for late payment, when on the date
last payment the supplier's offices or establishments will
are closed due to non-business days, holidays,
fortuitous event, force majeure or by any other circumstance that
is the responsibility of the supplier, such as the lack of operation
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electronic collection systems; in all cases, the
payment date will be extended to the next business day; (1)
m) Charge for services not provided, except in the case of charges
minimum access to public services. (1)
When contracts are formalized in which letters of credit are used
exchange, promissory notes or any other obligation document, such as a
ease of claiming the payment to be made by the consumer, must
such circumstance be recorded in the respective instrument.
In these cases, if the consumer pays the
document, the supplier must deduct the discount from its amount
calculated at the interest rate agreed upon therein or at the legal interest rate, in
Their case.
Special obligations for financial service providers
Art. 19.- The providers of credit services, stock markets or services
financial institutions in general, in their contractual relationships with
Consumers of the aforementioned services, are obliged according to the case,
to comply with the following:
a) Charge only the interests, commissions and surcharges that may have been
been agreed with the consumer, in the terms and forms
established in the contract, and in accordance with the law;
b) Deliver, upon completion of the contract, the securities or other
documents that were signed by the consumer at the time
of the hiring;
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c) Consign, without variation in the respective contract, the terms and
conditions in which the loan application was approved;
d) Respect the designation of the notary that the consumer expresses
in writing to formalize the credit granted; has said
professional will not limit or delay you, directly or indirectly
the exercise of its function; which will not imply the collection of
any amount for reviewing your writing projects, in case you
have been required;
e) Assume their responsibility, when for fraudulent or negligent acts
of its personnel the rights of some consumer are injured;
f) Calculate the interest for all active and passive operations
based on the calendar year;
g) Provide in a clear, truthful and timely manner all the information
and the explanations that the consumer requires in relation to
the product or service being offered to you;
h) Grant the legal and accounting cancellation of mortgages or other
guarantees that the consumer constituted when it was granted
a credit, if it has already been paid in full; as well as deliver to
consumer, in a term not exceeding fifteen days the documents
corresponding; Except in the case of an open mortgage and the term
for which it was constituted was still in force;
i) Provide credit history three times a year, in a manner
free of charge, in writing, through physical or electronic means
available by the provider, requested by the obligated consumer
principal or guarantor; (two)
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j) Inform in your establishment, the interest rates that in the form
annual and effective apply to their clients, as well as commissions
and surcharges to be charged in relation to the various services
financial, complying with the respective legal provisions;
k) Appoint a responsible executive and create a formal service of
customer service to address the claims raised
the same and establish the mechanisms and procedures
corresponding, with reasonable response times;
l) Inform the applicant of a loan in writing, if he / she requires it,
the reasons why you had been denied credit
requested, within a maximum period of ten days from the
day after the consumer's request; (two)
m) Receive advance payments from the consumer in any operation
credit or bank, without any charge, unless the credit is
financed with external funds and that the provider has to pay
prepayment charges, or in the case of operations subject to
medium or short-term fixed rate, provided that such circumstance is
has been incorporated in the respective contract and the position is stipulated; Y
n) Inform the consumer directly, free of charge, the status
account, according to the agreed payment periodicity, with
the detail of the balances and active operations of the products
or contracted services, through the means indicated in the
contract for this purpose; (1)
o) Provide the payment history of financial services or
sale in contracted installments, three times a year, free of charge,
in writing, through available physical or electronic means
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by the supplier, requested by the main obligated consumer or
guarantor, unless there are pending legal proceedings between
supplier and the obligated parties; (two)
p) Deliver, at the consumer's request, by physical means or
electronic, credit approval letter, with a breakdown
detail of all fees, surcharges, interest rate and
commissions associated with the service or financial product or credit to
contract, expressed in an annual percentage, as appropriate;
as well as the value of the fee, the term of the contract and the amount
liquid to receive, in order to allow the consumer, prior to
hiring, understand the total cost of it and compare it
with the offers of the different financial institutions. Is
Approval letter must be valid for no less than 10
business days from its communication to the consumer,
conditions that must be maintained at the time of hiring,
provided that this is done within the term of the aforementioned letter
of approval. (two)
Special prohibitions for service providers
financial
Art. 20.- It is prohibited to providers of credit, stock market or
financial services in general, engage in the following behaviors:
a) Impose directly or indirectly to the consumer, the designation
of the notary who will document the service provided or the credit
granted, as well as the determination of the company
with which you have to contract the insurance required as a condition
of credit;
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b) Apply payments or use guarantees for other obligations to
charge of the consumer when they do not correspond to those agreed
previously in the contract, or that the consumer has not authorized
later;
c) Issue credit cards or other financial products that the
consumer has not requested, except for the credit cards that are
issued as a periodic renewal;
d) Charge for unsolicited services or products or
expressly accepted by the consumer; Y
e) Charge commissions or surcharges for managing savings accounts,
unless their balance is less than the established minimum
to open it.
Obligations of specialized entities in the provision of
Information services
Art. 21. - The entities specialized in the provision of services
of information will be obliged to allow the consumer access
to the information of your data, as well as to request the update,
modification and elimination of the same, free of charge.
Likewise, they will have the obligation to correct the false information, not

41

updated or inaccurate within a maximum period of ten days from
of the receipt of the request of the interested party.
The specialized entities referred to in this article, do not
may obtain any kind of personal information from the consumer,
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if not with the proper authorization of the latter, and only in the
conditions in which it has been granted.
Special obligations for suppliers of goods and services
through electronic commerce, prior to contracting (2)
Art. 21-A. - Prior to the conclusion of transactions carried out at
through electronic commerce, providers of goods and services
legally constituted in El Salvador, in their relations with the
Consumers, are required to comply with the following:
a) Use the personal and credit information provided by the
consumer, confidentially, so you will not be able to disseminate it
or transmit it to third parties outside the transaction, unless authorized
of the consumer who owns the information, and only
in the conditions in which it has been conferred, or by
requirement of competent authority in the country.
b) Adopt effective and reliable security systems,
desirably certified, in order to protect the
security, integrity and confidentiality of transactions
all kinds, especially financial ones, and payments made by
consumers. The supplier will be responsible for failures in the
security in your systems.
The provider must inform the name of the certifying entity
from the website, or is not certified.
c) Include in a visible place, within your website, your identity,
specifying your business name and company name, number of
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Tax identification (NIT), your notification address, numbers
telephone and email.
d) Have the terms and conditions for use of the website,
in a visible and easily accessible place, which must contain
as a minimum, the following requirements:
1. Identification of the provider.
2. Identification of the means to which the
consumer to present their claims, or request
clarifications;
3. Special rights and obligations of the parties derived from
the contractual relationship.
4. Means of payment that can be used.
5. Policies of the supplier in relation to the guarantee of
products, right of withdrawal and reversal of payments, with the
same or similar facilities that you had to hire.
6. Dispatch and delivery conditions and systems available at
the website.
7. The other content that each provider deems pertinent.
The terms and conditions for the use of the website will apply
and it will be understood that they are part of all acts and contracts
that are executed or celebrated through the offer systems and
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marketing, included in the same website in which
they appear published, between their users and the provider,
in accordance with Salvadoran laws and according to the standards
generally accepted for e-commerce.
e) Warn the consumer that the transaction should only be
made by the owner of the means of payment.
f) Provide the consumer with complete, accurate, truthful information,
clear, timely, free and easily accessible on the transaction to
carry out, including costs, additional charges, if applicable;
modality or forms of payment of the goods and services offered
by the supplier; total cost of freight, and any other costs
related to hiring; the characteristics and conditions
of the product warranty, when applicable; the price
total product or service; warnings about possible
risks in the foreseeable use of the product, as well as any
other relevant information so that the consumer can adopt
a purchase decision freely.
g) To be published in the same medium and at all times, the conditions
general of their contracts; that are easily accessible
and available for consultation, printing and download, before and
after the transaction has been made, even if the
intention to hire. (two)
Special obligations for suppliers of goods and services
through electronic commerce during the contracting phase and
after her (2)

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Art. 21-B.- They are special obligations for suppliers of goods and
services through electronic commerce during the contracting phase
and after it, the following:
a) Present to the consumer, before completion or termination
of any e-commerce transaction, a summary
of the order of all the goods that it intends to acquire, with its
Complete description; the individual price of each one of them; the
total price of goods or services, if applicable; the costs
and additional expenses that you must pay for shipping or any other
concept, and the total sum to be paid by the consumer,
in order for it to accept it, make corrections or cancel the
transaction. The purchase summary must be available to
its printing and / or download.
b) Confirm to the consumer the receipt of the order containing the
purchase made by him, no later than the following calendar day
of carried out, indicating the delivery time, the breakdown of
the products and services purchased and their prices, taxes
applicable, shipping costs, if applicable, and the total amount of
the transaction.
c) Keep in information storage media, during
a term of 10 years from the date of completion
of the transaction, the documentation containing the proof of
the business relationship, especially the identity provided by
the consumer, the stages consigned on the site, through the
which the willingness to contract is confirmed, in the way in which
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acquired, in a way that guarantees the integrity and authenticity
of the information, in accordance with the provisions of the
Electronic signature.
d) Deliver the order, at the latest within 30 days
calendar, counted from the day following the day on which
the consumer has made the purchase. In case the
delivery of the order exceeds 30 calendar days, and always
that a different period has not been agreed between
supplier and consumer, or that the
product purchased, the consumer may terminate the contract
unilaterally and obtain a refund of the sums paid,
without any withholding, in accordance with the provisions of the
Article 13 of this law. (two)
Adhesion contracts
Art. 22.- In the case of adhesion contracts and their annexes,
drawn up on forms printed by any procedure,
They must be written in clear terms, in Spanish, printed
with characters readable to the naked eye and in no case may they contain
references to texts or documents that are not delivered to the consumer,
prior or simultaneously to the conclusion of the contract, unless the
refer to any law of the Republic. Of any contract and its
Annexes must be given a copy to the consumer.
The forms will be available to consumers, who
will have the right to know them before subscribing them, for which the
Suppliers must facilitate its obtaining by means of forms or
any other means.
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The Consumer Ombudsman may proceed to withdraw the forms
when it is determined, after hearing the provider, that these contain
unfair terms.
Financial service providers will deposit the forms in
the institution in charge of its supervision and surveillance, which will verify
jointly with the Consumer Ombudsman, within a period no longer than
thirty days from the respective deposit, which meet
what corresponds to consumer rights, doing where appropriate,
within that period, the pertinent observations. Otherwise it is
understand that the forms comply with the corresponding regulations
and consequently can be used by providers.
The provisions of this article will be developed in the Regulations of this law.
Spare parts, freight and technical services
Art. 23.- The supplier of spare parts, freight or technical services, must
detail in the invoice, the value of the spare parts, labor and transfer,
the different concepts must be differentiated therein. The list of
prices of spare parts should be available to the consumer.
In goods of a durable nature and that are novel in the
market, the supplier must ensure adequate technical service
and the reasonable existence of spare parts during a specified period.
Provision of services
Art. 24.- All professionals or institutions that offer or lend
services, are obliged to strictly comply with what is offered to their
customers.
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Service offers must be clearly established, in such a way that
so that, depending on the nature of the benefit, they do not give
doubt as to its quality, quantity, price, rate or tariff and
fulfillment time, as applicable.
Prohibition of requiring personal appearance
Art. 25.- The personal appearance of the consumer may not be required
to make payments or similar procedures; activities for which
may designate a third party by means of a simple letter; except I know
deal with collections, in which case the signature will have to be legalized, or
operations in the financial system in which the provisions
in the special laws on the matter.
Refund in case of deposit for containers
Art. 26.- The consumer who, when acquiring packaged or packaged goods
has given a sum of money as a deposit for your
container or packaging, you will have the right to recover at the time of
return the full amount that you have paid for that concept,
against presentation of the respective voucher. This right is
understood conditional on the container or packaging being returned in
same conditions in which it was delivered.
Settlement (1)
Art. 26-A.- Once a contractual relationship is terminated, the supplier
must deliver the settlement or cancellation and guarantees, within the
maximum period of 15 days from the last payment, unless
establish a different term in other special laws. (1)
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CHAPTER IV
RIGHT TO INFORMATION
General information obligation
Art. 27.- In general, the characteristics of the goods and services
made available to consumers, must be provided with
information in Spanish, in a clear, truthful, complete and timely manner,
as appropriate, especially in the following aspects:
a) The origin, composition and purpose;
b) The quality, quantity, weight or measure, where appropriate, according to the
international standards expressed in accordance with the
legal measurement or with indication of its equivalence to it;
c) The price, rate or rate and, where appropriate, the amount of the increases
or discounts, applicable taxes and costs
additional services, accessories, financing, extension of the
term or other similar circumstances;
d) Expiration date of perishable goods; Y
e) The instructions or indications for its correct use or consumption,
foreseeable warnings and risks.
All retailers must mark on the packaging or containers of the
products, on visible posters or in any other suitable medium, the
selling price to the consumer.

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The special requirements will be determined in the regulations of
labeling, presentation and advertising of the goods or services, applicable
in each case, to guarantee the right of consumers to a
truthful, clear, complete and timely information.
In the case of the commercialization of housing, the
buyer the complete documentation signed by the seller, relative
the hygienic-sanitary and constructive characteristics of your home
and compliance with the construction standards required by the
respective authorities, as well as the layout of their facilities.
In the regulations of this law, the terms of application will be developed.
of this article.
Packaging and packaging of products that may affect the
Health
Art. 28.- Every producer, importer or distributor of products
food, beverages, medicines or products that may affect the
human or animal health, must strictly comply with the regulations
contained in the Health Code and with the regulations issued by
the authorities of the Ministry of Public Health and Social Assistance, the
Higher Council of Public Health and the Ministry of Agriculture and
Livestock, respectively, in relation to said products.
It should be printed on the container or packaging of medicines, food,
drinks or any other perishable product, the expiration date
of the same, the chemical aggregates and the required conditions
for its conservation; as well as the rules for the use of medicines,

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such as: dosage, contraindications, risks of use, effects
residual toxins and others, in accordance with the regulations on
this is dictated by the authorities of the Branch of Public Health and Social Assistance.
The products are exempt from the provisions of the preceding paragraph.
made or processed that are consumed as confectionery, whose
surface area is less than ten square centimeters.
When it comes to genetically modified organisms destined
to direct use as human or animal food, it must be specified
Visibly in its packaging such a circumstance.
As they are substitutes for any product or those that are not
one hundred percent natural, it must be printed or indicated on the packaging,
container or wrap the word Asustituto @ in more prominent letters, like this
as its true composition and characteristics, according to the
provisions of the regulations of this law.
When it comes to pharmaceutical products and toxic substances or
others, harmful to human and animal health, must be incorporated into
the same or in annexed instructions, warnings in Spanish language
and in prominent symbols so that your employment is done safely
required to avoid harm to the consumer.
The Consumer Ombudsman must make known
of the competent authorities, any possible infraction to said
regulations, for its investigation and sanction in accordance with the
laws of the matter, without prejudice to what is established in Arts. 99 and
100 of this law.

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Advertising in commercial establishments
Art. 29.- Every merchant who owns a retail establishment
greater or in detail, you must make known to the public through lists
o posters fixed in visible places in the establishment o labels
attached to the merchandise, depending on their nature and type of
operations of the establishment, the cash and cash sale prices
credit, in which case all applicable surcharges and
especially:
a) The total amount of interest and the annual effective interest rate;
b) The amount and detail of any additional charge, if any; Y
c) The number of installments or installments to be paid and their periodicity.
The consumer has the right to pay in advance partially or
total the balance of the price, with the consequent discount in interest
and operation charges.
The aforementioned circumstances of credit sales must
be visibly specified in the corresponding contracts in the form
established in the regulations of this law.
Promotions information
Art. 30.- When it comes to promotions and special offers of
goods or services, traders will be obliged to report
to the consumer the conditions, the total price or the elements that
make their duration determinable, by any means of
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advertising or through notices or posters fixed in visible places of the
establishment or labels attached to the goods. (1)
Illicit, misleading or false advertising (1)
Art. 31.- The following will be considered illegal advertising:
a) Advertising that violates the dignity of the person, or violates
the right to recognized honor, privacy and self-image
in the constitution, especially with regard to women,
youth, childhood or minority groups. They will be understood included
In the forecast above, the ads featuring women
vexatiously, either by using, particularly and directly, its
body or parts of it, as a mere object unrelated to the
product to be promoted, or its associated image
stereotyped behaviors, without prejudice to the provisions
in the Special Comprehensive Law for a Life Free of Violence for
Women. (two)
b) Misleading or false advertising, that is, any modality
of information or communication of an advertising nature, total
or partially false, or that in any other way, even by
omission, is capable of misleading, deceiving or confusing the
consumer, which may affect their economic behavior.
To determine whether an advertisement is misleading or false,
take into account all its elements and mainly its indications
concerning:
I) The characteristics of the goods, activities or services, such
What:
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- Origin or geographical or commercial origin, nature,
composition, destination, purpose, suitability, availability and
novelty.
- Quality, quantity, category and specifications.
- Mode and date of manufacture, supply or provision.
- Results that can be expected from its use.
II) Full price or method of fixing it.
III) Legal and economic conditions of acquisition, use
and delivery of the goods or the provision of services.
IV) Reasons for the offer and promotion.
V) Nature, qualifications and rights of the advertiser.
c) Advertising that violates the provisions of the regulations that regulate
the advertising of certain products, goods, activities or
services.
The responsibility for illicit advertising will fall on the provider
or advertiser who has ordered its diffusion, not about the agency
or advertising agent that hires the pattern, or about the medium
to spread it. To better provide, the Consumer Ombudsman
will request an opinion from the national advertising council, which will not
It will be binding.

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Initiated the sanctioning procedure, the Sanctioning Court of the
Consumer Ombudsman may provisionally suspend advertising
that is considered illegal.
So that the publicity related to the price of the goods offered in
installment sale is not considered misleading, you must express the price
of cash acquisition and the total price in installments according to the installments
published. In advertising, in advertisements and offers displayed in
commercial premises, where credit or intermediation is offered
For the conclusion of an installment sales contract, you must, in all
If applicable, indicate the interest rate, as well as the effective annual rate. In case
whether a fixed or variable interest rate had been stipulated,
the contract will establish the total payment, according to the interest rate
in force at the time of the celebration, stating
expressly as calculated. (1)
Deficient, used, or rebuilt property
Art. 32.- When it comes to the commercialization of goods with
any deficiencies, used or rebuilt, such circumstances should
make the consumer's knowledge, in a truthful, clear way,
complete and timely, by means of delivery notes, invoices or other
document, including the statement that they are sold with
or without warranty.
Suppliers who comply with the above obligation and who do not
have conferred any guarantee, they will not be liable for
functional defects of the property.

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The consumer shall have the right to examine personally or through
of a specialist the good object of the contract.

CHAPTER V
GUARANTEES AND RESPONSIBILITIES
ON GOODS AND SERVICES
Legal guarantee on goods (1)
Art. 33.- The guarantees offered by suppliers on goods and
services, must be clearly expressed in the contractual document
or in an attached document, which will contain: the conditions, forms and deadlines
of the guarantee of use or operation with which the good is acquired,
consumer responsibilities, how it can be done
effective and the identification of natural or legal persons that
they extend it and that they will fulfill them. Only in this case may the
legend "guaranteed", in the different forms of presentation of the property
or service.
The guarantees extended in accordance with the previous paragraph, will be
mandatory for suppliers and consumers, and may not involve
a limit or waiver of the guarantees granted in the law or regulations
respective technicians.
The guarantees offered by the manufacturer or producer of the goods and
services, are mandatory for their distributors.
In any sale of new, non-perishable personal property, the
supplier is obliged to guarantee the consumer the quality, quantity,
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operation and safety of the same, according to the purpose for which
are manufactured.
The term of the guarantee, requirements and procedure to enforce it will be
determined in the respective technical standard. (1)
Execution of warranties (1)
Art. 33-A. For the purposes of the previous article, the consumer must
communicate the malfunction or service deficiency by
any means that guarantees the constancy of its reception, within
thirty days after the date of having discovered it. They will run
by the supplier the costs of transport and return of the
goods to the place where said good was delivered to the consumer at the
time of sale. (1)
Scope of the warranty
Art. 34.- The guarantee will include the necessary repairs
for the proper functioning of the property or the correct provision of the
service, and having attempted repair of the defect that reduces
substantially the use, value or safety of the good or service until
twice without being able to correct it, the consumer will have the right to choose
among the following options: the fulfillment of the offer, if this is
possible; the replacement of the good by another of a different nature; and the
price reduction or refund of what was paid. (1)
In the case of substitution of the good for another of the same nature, the
new will have the same guarantees of the originally acquired good, for
the term that remains pending.
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The term during which the property is under repair will not be counted in the
warranty term.
Joint responsibility
Art. 35.- The actions or omissions of those who produce, import,
supply, market or facilitate products or services that cause
damages or losses to consumers, will give rise to liability
jointly and severally of such providers, unless it is established or proven that
have duly complied with the demands and requirements established by
laws, regulations and regulations.
Responsible
Art. 36.- In matters of responsibility, the following criteria will govern:
a) The manufacturer, importer, seller or supplier of products
or services to consumers responds to the origin, identity and
suitability of the same, according to their nature or purpose,
according to the rules that regulate them;
b) In the case of bulk products, the holder of the
themselves, without prejudice to the fact that the
responsibility of the previous holder or supplier; Y,
c) In the case of packaged, labeled and closed products
with full closing responds the manufacturer, importer, seller or
supplier that appears on its label, presentation or advertising;
but you can exonerate yourself of that responsibility by proving your
falsification or incorrect manipulation by third parties, who will be
then those responsible.
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If several people attend the damage production, the one who will pay
the injured party will have the right to repeat the other responsible parties, according to
their participation in the damages caused.
Responsibility for the correct use
Art. 37.- Notwithstanding the provisions of the previous articles, it is
will be liable for damages caused by the correct use and consumption
of goods and services, when by their very nature or being so
established by regulation, necessarily include the guarantee
of determined levels of purity, efficacy or safety, under conditions
determination objectives and involve technical, professional controls
or systematic quality, until arriving in due conditions to the
consumer.
In any case, they are considered to be especially subject to this regime
responsibility, suppliers of food products,
drinks, hygiene and cleaning, cosmetics, specialties and products
pharmaceuticals, health services, gas, electrical appliances and
lifts, means of transport, motor vehicles, toys and
products aimed at children.
In the case of food or beverages, the provisions of the Code will be followed
of health.

CHAPTER VI
RIGHT TO EDUCATION AND
CONSUMER TRAINING
Purpose of consumer education
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Art. 38.- The education and training of consumers will have as
objectives:
a) Promote greater freedom and rationality in the consumption of goods and
the use of services;
b) Facilitate the understanding and use of information on the
goods and services that are marketed;
c) Disseminate the rights and duties of the consumer and the ways
legally established to exercise them;
d) Promote the prevention of risks that may arise from
consumption of certain products or the use of certain
services;
e) Adapt consumption patterns to a rational use of the
natural resources;
f) Initiate and promote the training of educators and learners
in the field of promoting and protecting the rights of
consumers; Y
g) Carry out informative campaigns in order to educate and
inform the population about basic consumer knowledge
responsible and sustainable.
In order to achieve the objective established in literal f), the Ombudsman's Office
of the Consumer and the Ministry of Education will join efforts to
promote consumer education. (1)
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Continuous training
Art. 39.- Continuous training and qualification of personnel will be promoted.
of the Government Bodies and other State entities, related
with the promotion and protection of consumer rights, in
the different areas of distribution of goods and provision of services,
in particular, of those who develop functions of regulation, surveillance,
quality control and information.
The training of members of the
consumer associations.
The Consumer Ombudsman will promote information and education
of consumers through public media
and private.

TITLE II
INFRINGEMENTS AND SANCTIONS
CHAPTER I
INFRACTIONS
Principles of legality and culpability
Art. 40.- Violations of the provisions of this law and others
provisions applicable to consumption, attributable to the
providers, will be administratively sanctioned, in the cases and in
the form that is regulated in the articles of this title, without prejudice
of civil, criminal or other responsibilities in which they may
incurring.
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Commits an infringement of the provisions of this law, the provider
that, in the sale of a good or in the provision of a service, acting
with intent or fault, causes harm to the consumer, due to failures or
deficiencies in quality, quantity, identity, substance, provenance,
security, weight or measure of the respective good or service.
Classification of offenses

Art. 41.- The infractions referred to in this law are classified as: minor,
serious and very serious.
Minor offenses (2)
Art. 42.- The following actions or omissions are minor offenses:
a) Not to detail the goods or services, and the price, rate or tariff of the
themselves, in the legal receipt that is delivered to the consumer; (two)
b) Make charges, when receiving from the consumer, advance payments in
any credit, bank or forward sale operation of
personal property, except for the exceptions established in this law; (two)
c) Deceive the consumer through promotions or offers
addressed to your home; (two)
d) Failure to comply with the obligation to provide credit history
or payment history of the main obligor or guarantor consumer, to
request of any of them, in accordance with the provisions of the
literal i) and i) of article 19 of this law; unless there were
pending legal proceedings between the provider and the obligated parties; (two)
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e) Not to deliver or make available to the consumer, for any
physical or electronic means, the copy of the contract signed by the
supplier, and its annexes, on the same day of contracting, except
for financial service providers, who will be
obliged to deliver or make such documentation available
within a maximum period of no more than ten days following the
disbursement date. (two)
f) Offer the consumer, goods or services, without displaying the prices in
the terms described in this law and its regulations; (two)
g) Failure to provide in Spanish, clearly, completely, truthfully
and timely, all the information on the characteristics of the
goods and services made available to consumers,
the guarantees with which the obligations and the
documentation required by law, regulations and technical standards
applicable to the type of good or service, or the explanations that the
consumer requires him in relation to the good or service that is
offers; (two)
h) Failure to comply with the obligation to inform the consumer directly,
free of charge, the financial services statement or
of installment sales, under the terms and conditions established in
the contract, in the legislation, in the regulations and in the regulations
applicable technique; (two)
i) Failure to deliver, at the consumer's request, in writing, in a
within ten days, information on the reasons why
credit has been denied; (two)

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j) Failure to comply with the obligation to place posters, in which they are consigned
consumer rights, in a visible place in the establishment
commercial in which food products, beverages,
medicines or products that may affect human health or
animal; after being warned about compliance
of said obligation, on two occasions, in a period not exceeding
two consecutive years by the Consumer Ombudsman. (two)
Serious offenses
Art. 43.- The following actions or omissions are serious infractions:
a) Offer by any means, without warning the consumer, goods
used, irregular or rebuilt;
b) Sell goods or services at prices higher than those offered or in its
case, to that regulated by law;
c) Failure to comply with the guarantees of use or operation, in the
form and term agreed and in those established by law;
d) Breach the obligation to return premiums, advances, reservations
or quantities delivered on account of the price in case the contract
It will not be held, or will not return money deposits, securities
or other obligation documents provided as collateral, a
once the contract has been fulfilled; (two)
e) Failure to deliver the goods or provide services under the terms
hired;

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f) Offer goods or services in which the rules are not met
current techniques; (two)
g) Directly carry out, or order the dissemination of illicit advertising
established in art. 31 of this law. In the case of diffusion
advertising by order of another, the medium will not be responsible
of communication that disseminates it, nor the advertising agency that
hire the guideline; (two)
h) Failure to comply with the obligations established in Art. 21 hereof
law;
i) Breaking, violating, modifying or rendering useless the seals, seals or
metrological control certificates that, in accordance with the regulations
applicable mandatory technique, possess the equipment and instruments
used for measurement in commerce or industry, in
conducting tests or trials, in scientific measurements,
medical or of any other nature; (1)
j) Use in all types of transactions, in public documents,
authentic or private and in advertising, units of measure
other than those established in the legislation governing the matter, or
those authorized by the authority or institution that have within
matters within its competence metrology, without expressing
its equivalent in the legal system; (1)
k) Offer without expressing its equivalence, according to the system
legal, products with measures other than those determined in the
international system of units (SI) or those authorized by the

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authority or institution that has within its competence the
metrology, standardization, accreditation and certification; (1)
l) Any limitation, unjustified delay or impediment to the exercise
of the right to unsubscribe, the lack of procedure or the
lack of communication of this to the consumer at the time of the
hiring; (1)
m) Refuse to deliver the settlement, cancellation or guarantees of the
credit in the terms indicated in this law; (1)
n) Carry out promotions or special offers of goods and services, in
contravention of the provisions of this law, or breach of what was promised
in contests, raffles, gifts, vouchers, prizes or similar
circumstances related to the offer, promotion or sale of a
good or service; (two)
o) Failure to deliver the credit approval letter to the consumer,
respecting the terms of the same, in accordance with the
provided in literal p) of art. 19 of this law; (two)
p) Modify or vary, in the contract, the conditions established in
the credit approval letter, in accordance with the provisions
in literal p) of Art. 19. (2)
Very serious offenses
Art. 44.- They are very serious infractions, the actions or omissions
following:

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a) Offer the consumer expired goods or products or whose mass,
volume and any other measure specified therein are
find altered, as well as non-compliance with the requirements
of product labeling in accordance with what is established in Art.
28 of this same law;
b) Failure to comply with the information obligation dictated by the
competent authority on risks of pharmaceutical products,
toxic, harmful or harmful to human or animal health; So
such as failure to inform consumers, prior to
the sale and by appropriate means, on the risks arising
of a foreseeable use of goods and services, in attention
their nature and the people for whom they are intended; (two)
c) Require the consumer to sign invoices, securities or any
another blank obligation document; except that, in the case of
securities, at least the requirements established in
literal b) of Art. 18 of this law;
d) Charge interest, commissions or surcharges in contravention of the
provisions of this law and others applicable to the consumption of goods
or provision of services;
e) Introducing abusive clauses in contractual documents or
carry out abusive practices to the detriment of consumers;
f) Obstruct the information, surveillance and inspection functions
of the Consumer Ombudsman, or refuse to provide data and
information required in fulfillment of such functions;

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g) Establish arbitration clauses in adhesion contracts, except
that have been freely discussed by the parties;
h) Produce or market packaged products with net content
outside the mandatory technical regulations; (1)
i) Failure to deliver the samples required for verification of the
compliance with the law and mandatory technical regulations; (1)
j) Use quality seals on goods or services or certificates of
batch quality, in contravention of the provisions of the regulations
applicable mandatory technique; (1)
k) Refusing to refund the money, when the consumer
has exercised the right of withdrawal, retraction or reversal of
Payments; (two)
l) Make available to consumers, or store products
or services that involve risks to your life, health, safety
or for the environment, except those legally admitted in
normal and foreseeable conditions of use; (two)
m) Omitting the contracts, formalities, requirements or stipulations
required by law, regulations, applicable regulations; as well as
those whose lack implies damage to the consumer or a
imbalance in the rights and obligations of the parties, according to
the nature of the goods and services that are the object of the contract; (two)
n) Use adhesion contract forms that were not
previously deposited, being obliged to do so, or use
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different from those approved, or make use of those that were
rejected, in accordance with Art. 22 of this law and Art. 14,
Fifth paragraph of the special law on subdivisions and subdivisions
for residential use; (two)
ñ) Impose, or not respect, the appointment of a notary made by the
consumer, in accordance with the provisions of articles 19,
literal d) and 20 literal a) of this law; (two)
o) Apply payments, or use guarantees for other obligations, to
charge of the consumer, when they do not correspond to those agreed
previously in the contract, or that the consumer has not authorized
previously; (two)
p) Issue credit cards or other financial products that the
consumer has not applied for, except for credit cards that
are issued as a periodic renewal, when there is no
cancellation request by the cardholder; (two)
q) Failure to comply with the obligations established in arts. 21-A and 21-B of
this law. (two)

CHAPTER II
SANCTIONS
Fine for minor offenses
Art. 45.- Minor infractions will be sanctioned with a fine of up to
fifty urban monthly minimum wages in industry.

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For the purposes of this law, it will be understood that a monthly salary
it is the equivalent of 30 ordinary days of daytime work. (two)
Fine for serious offenses
Art. 46.- Serious infractions will be sanctioned with a fine of up to
two hundred urban monthly minimum wages in industry.
Fine for very serious offenses
Art. 47.- Very serious infractions will be sanctioned with a fine of up to
five hundred urban monthly minimum wages in industry.
Fine and compensation for infractions that affect interests
collective or diffuse
Art. 48.- Notwithstanding the provisions of the preceding articles, the
amount of the fine to be imposed on the supplier resulting
guilty of infractions that affect collective or diffuse interests,
it will never be less than the damage caused or the amount improperly charged
as a result of the infringement that has been verified, without
may exceed five thousand urban monthly minimum wages in
the industry.
Likewise, the provider will be obliged to return to consumers what they
they have unduly paid for the good or service.
The fact that the supplier has repaired the damage produced or returned
what was improperly charged before the sanctioning court dictates the
final resolution, may be valued as an extenuating circumstance,
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in which case the fine may be less than the amount that would have been
established as damage or improperly charged. (1)
Criteria for determining the fine
Art. 49.- For the determination of the fine, the
following criteria: company size, impact on rights
of the consumer, the nature of the damage caused or degree of affectation
to the life, health, integrity or heritage of consumers, the degree
intentionality of the offender, the degree of participation in the action or
omission, improper collection made and the circumstances in which it is
commit, recidivism or repeated non-compliance, as the case may be.
For the purposes of the preceding paragraph, recidivism or non-compliance
repeated, will be understood as the commission of the same offense within
of the term of two years counted from the last sanction imposed.
When the supplier is the owner of a company that has several
establishments, recidivism and repetition will be appreciated by
offenses committed in the same establishment.
Infringements that tend to rise in prices are considered aggravated
or hoarding of goods and services in times of scarcity or calamity
public, and those relating to non-compliance with the decisions issued
by the Consumer Ombudsman, within its powers, for the
solving widespread consumer problems.
Accessory sanctions (1)
Art. 50. The Sanctioning Court may agree as sanctions
accessory, against consumer offenses:
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to. The seizure and destruction of expired, adulterated merchandise, or
deteriorated, not identified or that may pose a risk to the
consumer.
In the case of altered, adulterated food or drinks,
counterfeit, contaminated or unfit for human consumption, the
advocacy, through its inspection and surveillance services,
proceed in accordance with the provisions of Article 90 of the Code
of Health, in which case these measures will not have the character of
accessory sanction;
b. The withdrawal or definitive cessation of advertising, as well as
measures to rectify or correct the effects produced
for advertising declared illegal; to order rectification of
advertising, the court will take into account, among other parameters,
the nature of the good or service being promoted, the means of
diffusion and the period during which it has been diffusing
advertising. If the advertising rectification has been ordered, the
Provider must obtain court approval prior to
disclose the rectification ordered. The ruling of the court
must be done within two business days after the
receipt of the orderly rectification proposal. If the court
will not pronounce within the term established above, the rectification
advertising will be understood as approved for all legal purposes
consequent. (1)
Means of coercive enforcement (1)
Art. 50-A. The Sanctioning Court, without prejudice to the adoption of other
enforcement measures provided for in the legal system,
for the execution of the actions mentioned below,
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may impose, prior requirement of compliance to suppliers,
coercive fines of up to one hundred urban monthly minimum wages in
industry in order to compel them to:
to. Cease conduct that has been declared prohibited in
firm resolution in accordance with the provisions of the law;
b. Comply with the requirements that under art. 146, subsection
second, make the sanctioning court; Y
c. Comply with precautionary measures. (1)
Closure of the establishment and disqualification of the merchant
Art. 51.- In the case of very serious infractions and taking into account the
health risk criteria, size of the offender's company
in the market, amount of profit obtained, degree of culpability
and generalization of the infringement, the closure may also be ordered
temporary commercial establishment for a maximum period of six
months and the disqualification of the merchant for the same period.
In the case of food or beverage distribution establishments,
the provisions of Article 93 of the Health Code will be followed.
Disclaimer
Art. 52.- In the case of the affectation of an individual interest, the
compliance with the agreement reached in the mediation or conciliation between
supplier and consumer, will exclude administrative liability
from the provider. However, if the affectation were to an interest
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collective or diffuse, despite the arrangement, the procedure may be initiated
sanctioning when there are elements about the possible commit
of a violation. (1)
Collective and diffuse interests
Art. 53.- For the purposes of this law, collective interests shall be understood as:
those that are common to a determined or determinable set of
consumers, linked to a supplier by a contractual relationship;
and by diffuse interests those in which the defense of a
indeterminate set of consumers affected in their interests.
Destination of fines
Art. 54.- The fines imposed in the sanctioning procedure,
they will enter the General Fund of the Nation.
Record of sanctioning resolutions
Art. 55.- The Consumer Ombudsman must compile and publish the
text of your final resolutions in order to create a record.

TITLE III
THE CONSUMER OMBUDSMAN
CHAPTER I
CREATION, FUNCTIONS AND
COMPETENCES

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Creation of consumer ombudsman
Art. 56.- Create the Consumer Ombudsman, as an institution
decentralized government of the Republic, with legal personality and
own patrimony, with autonomy in administrative and budgetary matters.
It will be governed by the provisions of this law and its regulations, in addition to
special laws applicable to the matter.
Function
Art. 57. - The Consumer Defender, hereinafter Ala Defensoría @,
is the entity in charge of applying this law and coordinating the
joint action of public administration institutions for the
compliance with it.
In addition, it will coordinate the National Consumer Protection System
and will have, among others, the power to submit proposals to the Body
Executive in the field of economics, for the formulation of
consumer protection and its action plan.
Competencies
Art. 58.- The Ombudsman's Office will have the following powers:
a) Coordinate the actions of the National System for the Protection of
Consumer, ensuring compliance with regulatory frameworks
respective in this matter;
b) Watch over the rights and interests of consumers in
relationships with suppliers of goods and providers of
services;
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c) Set and modify the maximum prices of intermediate goods
and end of use or consumption and services in case of
national emergency, as long as it concerns products and services
essential;
d) Enter into agreements with public institutions or private entities
national or foreign to facilitate compliance with the
objectives of this law;
e) Promote education and permanent training of the
consumers, conducting information activities, organizing
and guidance on consumption matters, in order to prevent
violations of consumer rights;
f) Carry out inspections, audits and require from suppliers the
reports necessary for the fulfillment of their functions;
g) Accredit institutional and independent arbitrators in matters
consumption and instruct administrative procedures for
dispute resolution between suppliers and consumers
and exercise the sanctioning power according to the scope that the
Constitution and laws establish;
h) Ensure that the instruments used in the contracts comply with
with the necessary conditions to not violate the rights of
the consumers; being able to order, prior procedure in the
that the provider will be heard, the immediate withdrawal of the forms that
do not meet such conditions in the case of contracts of
accession;

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i) Represent directly or through proxies to the
consumers, in the exercise of their rights and powers before
administrative and judicial instances;
j) Ensure compliance with mandatory safety standards,
information, labeling, quality, weights and measures of the goods and
services that are marketed in the market;
k) Organize, collect and disclose information to facilitate the
consumer better knowledge of prices, rates or fees
and characteristics of the goods and services offered in the
market, and their contracting conditions, as well as
like all other information of interest to consumers;
l) Manage the database related to complaints and attention
of consumers of all the organisms that are part of the
National Consumer Protection System;
m) Carry out and promote research in the area of ​consumption;
n) Support, promote and maintain a list of associations of
accredited consumers within the National System of
Consumer Protection;
o) Propose to the competent institutions, the formulation of standards
legal or technical, in terms of consumer protection;
p) Encourage suppliers to adopt standards and policies
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better customer service and give recognition to people,
entrepreneurs or entities that are distinguished in respect, protection
and help to the consumer, in accordance with the criteria
establish regulations;
q) Promote that public and private entities that provide
public services prepare Letters of Rights of Users and
make them known to them; Y
r) Other attributions and powers conferred by law.
Help of the security forces
Art. 59.- The officials and employees of the Ombudsman's Office, in the exercise
of their attributions, they will have the right to the assistance of the public force, and in
his case, that of the Attorney General of the Republic.
In case the officials and employees of the Ombudsman's Office are denied the
access to or failure to provide provider facilities
the required information, will be sanctioned in accordance with this
law, without prejudice to what other applicable laws establish.
When in the exercise of their functions, the officials and employees of
the Ombudsman notice the apparent commission of a crime, the President
of the same will certify the information obtained and send it to the Prosecutor's Office
General of the Republic.
Territorial scope
Art. 60.- The Office of the Ombudsman shall be based in the capital city of the Republic.
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of El Salvador, but by agreement of the President of the Ombudsman's Office,
You may temporarily move your seat to another part of the country. The field
The action of the Ombudsman will extend to the entire national territory.
According to the needs of the service and the availability of resources,
The establishment of units dependent on the
Ombudsman throughout the national territory.

CHAPTER II
ORGANIZATION
SECTION A
GENERAL DISPOSITION
Administrative organization
Art. 61.- The Ombudsman's Office will have the following management bodies:
President, Advisory Council, Sanctioning Court and the Directorates and
Administrative Units established by their internal regulations, according to
service needs.
Effective service to consumers
Art. 62.- The Ombudsman's Office will carry out its activity and organize its
administrative agencies so that consumers can
submit claims, making use of agile, free and free procedures
expedited.

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Ombudsman staff
Art. 63.- The Ombudsman's Office will have the officials and employees who
service needs require. The President is responsible for
maximum authority of the Ombudsman and the ownership of its powers.
In no case, the officials or staff of the Ombudsman's Office
will perform acts that legally correspond to the owner thereof, except
the provisions of this law or by express delegation and in writing.
Responsibility
Art. 64.- Public servants of the Consumer Defender's Office
They will respond in the terms established in Article 245 of the Constitution
of the Republic, of the damages that could be caused in the
exercise of their duties. (1)
Internal regulations and organization manual
Art. 65.- The Ombudsman's Office will determine its administrative structure and the
operation of each unit in an internal regulation; the
relations with other organizations, internal rules of procedure,
the powers of each employee and other administrative provisions
in the corresponding manuals.

SECTION B
PRESIDENT OF THE OMBUDSMAN'S OFFICE
Appointment

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Art. 66.- The President of the Ombudsman will be appointed by the President
of the Republic, for a period of five years and may be reelected by
just one time.
Requirements
Art. 67.- To be President of the Ombudsman's Office, the following is required:
a) Be Salvadoran;
b) Over thirty-five years of age;
c) With a university degree;
d) Of recognized good repute and probity;
e) Having performed prominently in matters
professional, public service or academic; Y
f) Being in the enjoyment of citizenship rights and having been in
the five years prior to the performance of the position.
Impediments and incompatibilities
Art. 68.- The following may not be appointed to the office of President:
a) The spouse or relatives within the fourth degree of consanguinity
or second of affinity of the President or Vice President of the
Republic;

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b) The spouse or relatives within the fourth degree of consanguinity
or second of affinity of the Ministers or Vice Ministers of State;
c) Those who hold positions in the management bodies of
political parties, business associations, trade unions or
consumers; Y
d) Directors or administrators of commercial companies.
The performance of the office of President of the Ombudsman will be
exclusive dedication and is incompatible with the exercise of any
public office or professional, commercial or administrative activity
of companies, except teaching.
Powers of the President
Art. 69.- Corresponds to the President:
a) Exercise the administration, general supervision and coordination of
the activities of the Ombudsman's Office;
b) Exercise the judicial and extrajudicial representation of the Ombudsman's Office;
c) Representing the Ombudsman's Office in national and international events;
d) Appoint legal representatives when compliance with the

functions of the Ombudsman so require it;
e) Approve the internal regulations, prior opinion of the Board

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Consultative, as well as manuals and other necessary instruments
for the administration of the Defensoría;
f) Approve the projects of special budget and system of
salaries of the Defensoría, prior opinion of the Advisory Council;
g) Appoint, hire and remove the personnel of the Ombudsman's Office;
h) Act as coordinator of the National System for the Protection of
Consumer and comply with the operational rules of coordination;
i) Require, in the case of literals b) and d) of Art. 143, the beginning of the
sanctioning procedure established in this law;
j) Decree the precautionary measures established in Article 100 of the
present law;
k) Ensure effective compliance with the decisions of the Court
Sanctioner; Y
l) The others indicated in this law.
Cessation of office
Art. 70.- The President of the Ombudsman's Office shall cease to hold office.
before the expiration of the period, by resignation or removal made by the
President of the Republic, when:
a) Serious breach of its obligations is proven;

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b) Supervening physical or mental incapacity that makes it impossible to
exercise of the same;
c) Incompatibility or final conviction for intentional crime;
d) Due to suspension or loss of citizenship rights;
e) For notoriously immoral private or professional conduct; Y
f) By taking advantage of the position to exercise undue influence.
Delegation and temporary substitution (1)
Art. 71. In the case of temporary physical or mental disability,
resignation or removal of the President of the Office of the Ombudsman
of the Consumer, will be replaced by the President of the
Sanctioning Court, who will have all the powers assigned to the
presidency of the institution.
In any other case of temporary and justified absence, the president or
president of the ombudsman may delegate the exercise of his powers
in a public servant who holds the position of director within the
institution. (1)

SECTION C
CONSULTIVE ADVICE
consultive advice
Art. 72.- The President of the Ombudsman will have the technical advice of
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an Advisory Council, hereinafter "the Council", a collegiate body,
which will be made up of the following members:
a) The Competition Superintendent or whoever substitutes him legally;
b) The Executive Director of the National Council of Science and
Tecnología, CONACYT, or whoever legally substitutes it;
c) A representative selected from a list that for this
effect presented by the University of El Salvador and the universities
accredited from the country;
d) A representative selected from a shortlist that for this purpose
present the union with the highest representation of the company
private; Y
e) A representative of consumer associations,
duly accredited, selected from a shortlist that to
this effect is present.
The members of the Board referred to in literals c), d) and e) will be
appointed by the President of the Republic, in the manner and in accordance
to the procedure established by regulation; and each one
will have their respective alternate, who will be appointed in the same way
than the owners.
The Council, at its first meeting of the period, will elect one of its
proprietary members as President and another as Secretary.
The members of the Advisory Council must comply with the same
established requirements to be President of the Ombudsman's Office.
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Period of office
Art. 73.- The members of the Council will last three years in their functions,
being able to be reelected only once and will continue in the performance
of the same, even when the period for which they were
appointed, while the substitutes do not take possession of their positions.
Attributions
Art. 74.- Corresponds to the Advisory Council:
a) Serve as a consultative body and make proposals to the president
o President of the Ombudsman's Office for the protection of
consumer rights, as well as the organization and
functioning of the Ombudsman's Office; (1)
b) Issue an opinion regarding the internal regulations of the Ombudsman's Office;
c) Propose to the President of the Republic the removal of the President
of the Ombudsman and the members of the Sanctioning Court, for
serious breach of its obligations; Y
d) The other attributions that are legally assigned to it.
Board meetings and remuneration
Art. 75.- The Council will ordinarily meet at least once a
month and extraordinarily when necessary, prior call for
its President, who will carry it out on his own initiative or at the request of two
of its members. In case of urgency, the call may be made
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the President of the Ombudsman's Office. The sessions will not have limitations in
as to time or place of realization.
Representatives of
public or private institutions, to hear their opinion on issues
specific.
The Ombudsman's Office will provide the necessary resources to carry out
of the Council sessions.
The proprietary and alternate members of the Council shall have the right to
diets for each session they attend, not exceeding four
per month. The amount of said allowances will be set by the President of
the Ombudsman's Office according to the regulations of this law, which may be
reviewed every two years. Notwithstanding the foregoing, the Council may
session as many times as you consider necessary.
Quorum and voting
Art. 76.- The quorum to hold the Board sessions will be
four of its members; each owner or alternate member in
functions will have one vote, resolutions will be taken by
simple majority; the member who objects to the resolution must
reason your vote.
If the President or Secretary of the Board does not attend, those present
will designate from among the attendees, those who will perform such
functions in the session.
How to make up for absences
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Art. 77.- The alternate councilors will replace the owners in the
cases of temporary vacancy, with the same rights and obligations.
In case of permanent vacancy of any of the councilors,
Proceed in the manner provided in this law and its regulations to the
appointment of the substitute to complete the period started by the
replaced. While the substitution is taking place, they will act provisionally
the respective alternates.
Causes for removal of councilors
Art. 78.- Councilors may only be removed from their positions by the
President of the Republic, for the following reasons:
a) Due to suspension or loss of citizenship rights;
b) Due to repeated breach of the duties imposed on them by the
position;
c) For notoriously immoral private or professional conduct; Y
d) By taking advantage of the position to exercise undue influence.

SECTION D
SANCTIONING COURT
Sanctioning Court
Art. 79.- For the fulfillment of its sanctioning power, the Ombudsman's Office
will have a Sanctioning Court, hereinafter Ael Tribunal @, which
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It will function permanently and will be composed of three members,
one of which will occupy the position of President of the same and the others
two members will occupy the positions of first and second vowel. There will be
equal number of substitutes who will be appointed in the same way as
the owners.
Appointment
Art. 80.- The President and other members of the Tribunal will be appointed
by the President of the Republic and must meet the same requirements
established to be President of the Ombudsman's Office, two of them owing
be lawyers of the Republic who have obtained authorization to
practice the profession five years prior to appointment.
Period of office
Art. 81.- The members of the Tribunal will last five years in their
functions, being able to be reelected only once and will continue
in the performance of the same, even when the
period for which they were appointed, while substitutes do not
take office.
Secretary
Art. 82.- The Court will act with a Secretary, who will authorize the
resolutions adopted by the former, receive documents, practice the
acts of communication, will make the appointments that are ordered and will have under
responsibility for records and files.
Attributions of the Sanctioning Court
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Art. 83.- Corresponds to the Court:
a) Instruct the sanctioning procedures in matters of protection
of the consumer;
b) Impose sanctions or resolve what corresponds;
c) Order the offender, in cases of affecting interests
individual, collective or diffuse, the replacement of the situation
altered by the infringement, to its original state. Between measurements
to achieve the replacement of the altered situation may be ordered,
the substitution of the good; the return of the unduly charged
or the price reduction; and (1)
d) To know of the other matters that are attributed by law. (1)
Protest and takeover
Art. 84.- The members of the Tribunal shall render a protest before the President.
of the Republic prior to taking office,
and they will solemnly declare that they will exercise their functions with all
impartiality and respect for the legal order; of this will be recorded in a
special book authorized for this purpose.
Incompatibilities, prohibitions and causes for removal of the
members of the Tribunal
Art. 85.- The same shall apply to the members of the Tribunal.
incompatibilities and prohibitions of the President of the Ombudsman.

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Members of the Tribunal may only be removed from their positions for
the President of the Republic, for the causes expressed in Art. 78
of this law.
Impediments
Art. 86.- The members of the Tribunal may not exercise functions of
advisers or lawyers in any matter, except in their own cases;
nor participate in the decision of cases in which they have intervened
previously as agents, counsel or attorneys of any of
The interested parts; when they have previously expressed their
opinion on the matter or when there is some reason for impediment,
challenge or excuse of those established in the Code of Procedures
Civil.
Excuses and challenges
Art. 87.- The members of the Tribunal must excuse themselves as soon as
are aware of any of the reasons indicated in the
previous articles, which prevent them from knowing the matter and will inform
immediately to the President of the Ombudsman's Office, who will resolve what
corresponds. The decision does not admit any recourse. Same procedure
will be followed when the reason is invoked by one of the parties to
challenge the members of the Tribunal.
When the excuse or challenge is admitted, an alternate will be called
so that you know of the specific case, who will occupy the position of second
member in the integration of the Court. If it were the President of the
Court, this will be replaced by the first member.

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Voting method
Art. 88.- Resolutions will be adopted by majority; the member
who opposes the decision will give reasons for their vote.

CHAPTER III
FINANCIAL REGIME AND
PATRIMONIAL
Budget
Art. 89.- The Ombudsman's Office will have a special budget and its own system
of wages. The respective projects will be prepared in accordance
to what is established in the Organic Law of Financial Administration of the
Condition.
International assistance
Art. 90.- The Ombudsman's Office, complying with the respective legal regulations, may
request through the Executive Branch technical or financial assistance
to governments or international organizations specialized in the field of
protection of consumer rights.
Assets and equity
Art. 91.- The assets of the Ombudsman will be made up of:
a) The resources initially granted by the State;

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b) The allocations that are established annually under their
special budget;
c) The resources you receive under the assistance programs of
governments or national and international organizations; Y
d) The goods, securities or rights that you acquire under any title, as well
like their products and income.
The resources that are perceived by the concepts mentioned in the literal
d) will be incorporated as own income within your budget
special; for this purpose their prices will be authorized by the Ministry
Treasury, through Executive Agreement.
Oversight
Art. 92.- The Ombudsman's Office will be subject to the supervision of the Court of
Accounts of the Republic; additionally you must contract annually
the services of a specialized firm to perform external authorship
of their performances.

CHAPTER IV
ADMINISTRATIVE SERVICE
Creation and deletion of places
Art. 93.- The positions or positions in the Ombudsman's Office will be created or suppressed.
according to your salary system. They may hire professional services and
technicians to perform special tasks.

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Headquarters and consultancies
Art. 94.- The positions of heads of administrative units and advisers
Technicians will be assigned to higher-level professionals.
Appointment to a position will be made based on evidence of
fitness.
internal regulations
Art. 95.- The Ombudsman's Office will formulate, in accordance with labor laws,
the internal work regulations. Everything related to schedule
work, permits, licenses, holidays, vacations, Christmas bonuses and others
social benefits in favor of its staff, will be set in said
regulation.
Confidentiality obligation
Art. 96.- Officials and employees of the Ombudsman's Office are prohibited
disclose any information they have obtained in the performance of
their position or employment or take advantage of it for personal or
from third parties.
You are also prohibited from taking advantage of the position to exert influence
wrongdoing in the Ombudsman's Office, receive directly or indirectly money and other
effects that as a gift, gift or other form come from
those subject to the provisions of this law, either directly from
these or their administrators, officials, attorneys, representatives
legal, bosses or employees.

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Those who violate this provision will be removed from their position, without
prejudice to the criminal responsibility that may arise.
In the contracts linked to the content of this article that are
celebrated for the provision of services to the Ombudsman, you must
include a confidentiality clause and the sanction for its
breach.

TITLE IV
PROCESS
CHAPTER I
GENERAL FEATURES

Respect for rights and guarantees
Art. 97.- In all the administrative procedures that are processed in
the Ombudsman's Office, will act with respect to the fundamental rights and
according to the guarantee regime established in the Constitution, treaties
in force on the subject and common law.
The actions will be subject to the principles of legality, due
process, equality of the parties, economy, gratuity, speed, efficiency
and officiousness, among others.
Informality in the procedure
Art. 98.- No further formalities will be required in the procedures.

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for its processing, except those necessary for the validity of certain acts
and the guarantee of the administered.
Power to issue precautionary measures
Art. 99.- When there is an imminent risk to the rights to life,
health, safety and environment in the consumption or use of goods
or services, the President of the Ombudsman's Office may decree measures
ex officio precautionary; should promote the sanctioning procedure,
within five days.
Initiated a procedure and after a special hearing convened at the
In effect, the Sanctioning Court must rule on the measures
precautionary measures decreed by the President of the Ombudsman's Office. In addition,
may order any of the precautionary measures set forth in
Article 100, aimed at safeguarding consumer rights
included in this law.
Precautionary measures may be decreed provided that:
a) There are sufficient elements to consider that the claim
could cause imminent or irreparable harm to the consumer;
b) Damage to third parties or damage to public interests could occur
or collectives; or
c) The damage caused by the claim is increasing,
preventing at some point from returning to the state prior to the
damage caused.

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Types of precautionary measures
Art. 100.- Among the precautionary measures that may be adopted
in accordance with this law are:
a) Withdrawal or provisional suspension of production or commercialization
of goods or provision of services;
b) The provisional confiscation of dangerous, adulterated property,
damaged or counterfeit;
c) Order the cessation of activities prohibited by law or order the
fulfillment of the obligations established therein; Y
d) The rendering of sufficient guarantee to guarantee the results of
the procedures.
Proceedings
Art. 101.- In order to document and attest to acts that are carried out
During the procedure, minutes will be recorded that will contain: date,
name and surname of the people who attend and quality in which they act;
proof of absence of those who were obliged to intervene
and indication of the procedures carried out and their result. Concluded the
diligence, the minutes will be read, all the participants will sign and, when
Some do not know or cannot sign, someone will do it at your request; if any
I do not want to sign, mention will be made of it.
File formation

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Art. 102.- Of all penalties or conflict resolution procedures that
is carried out in the Ombudsman's Office, a file will be formed that will contain the
resolutions issued and the documents related to the case.
The parties and their attorneys will have free access to the file.
Validity requirements
Art. 103.- The measures of mere procedure, as well as those that decide
the merits of the matter, will be written and will contain the place and date on which
are dictated, the decision that is adopted and the signature of those who pronounce it.
Deadlines and notifications
Art. 104.- The terms referred to in this law will only include
on business days.
Notifications may be made using any technical means,
whether electronic, magnetic or any other, which enables the constancy
in writing and offers guarantees of security and reliability. Of the same
form you can cite, request reports and in general carry out all kinds of
procedural communication act.
Inadmissibility
Art. 105.- In general, they are excluded from alternative means of solution.
disputes, disputes between the provider and the consumer that do not
are susceptible to transaction and those that are inseparably
linked to others over which the parties do not have power of disposition and
are not amenable to transaction.

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Motivation for resolution
Art. 106.- Resolutions that affect consumer rights
or suppliers, must be sufficiently based on
the proven facts and the appropriate legal reasons, under penalty of
nullity.
Prescription
Art. 107.- Actions to file complaints for infractions
to this law, shall prescribe within a period of three years, counted from
that the alleged infringement has been incurred. The statute of limitations
It will be suspended due to the consumer's complaint filed with the
Consumer Ombudsman, or through the notification made to the
provider by the Ombudsman, on findings of possible infractions or
breaches of the law. (two)
The sanctions imposed for said infractions will prescribe in the
term of five years counted from when the
respective sentence.

CHAPTER II
ALTERNATE MEANS OF SOLUTION
OF CONFLICTS
DISPUTE RESOLUTION CENTER AND
OF ALTERNATE MEANS OF SOLUTION OF
CONFLICTS

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Dispute Resolution Center
Art. 108.- The Ombudsman's Office will have a Center for the Solution of
Controversies, in order to resolve conflicts between suppliers and
consumers, through alternative means of dispute resolution,
in a simple, brief, free and confidential way.
The organization, operation and other administrative aspects of the
Center that are not regulated in this law, will be regulated in the regulation
respective issue issued by the Ombudsman.
Complaint
Art. 109.- Consumers who consider themselves affected in their
legitimate rights or interests due to the actions of suppliers of goods
or services that contravene the law, may file the complaint with
the Ombudsman's Office in order for the conflict to be administratively resolved.
The complaint may be submitted in writing, verbal, telephone,
electronically or by any other suitable means, and must contain the
less:
a) The identification and general data of the complainant;
b) The identification and general data of the provider;
c) A description of the facts that originated the controversy; Y
d) The claim of the complainant.

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If the complaint does not comply with the legal requirements established in the
previous paragraph, the Ombudsman will prevent the interested party from remedying
omissions within a period of three days, after which
will declare the admission or the inadmissibility of the same.
If the complaint is declared inadmissible, the resolution issued
will be duly motivated and will admit an appeal for revocation, which will be
It will process according to the rules of common law.
Acquiescence
Art. 110.- Once the complaint has been received, the origin of the claim will be qualified.
and an immediate settlement will be proposed to the parties based on the
equity and justice, applying a mechanism that makes use of
how much medium is considered adequate.
In addition, direct communication with the provider will be attempted by
any suitable means to seek an expeditious solution to the claim
of the consumer; in case a favorable resolution is obtained for the
complainant, the Ombudsman's Office will follow up on the matter.
If the controversy raised is not resolved or the solution accepted is not
complies in a timely manner, the interested consumer, his attorney or
legal representative in your case, you must ratify your complaint by any
medium, presenting evidence of the contractual relationship, in order to
initiation of the proceedings that are regulated in the following articles.
Conciliation
Art. 111.- The Conciliation will proceed when there is an express request of the
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consumer to proceed directly to it, or if after trying the
agreement without any satisfactory result, the parties do not request the
mediation or arbitration. For this purpose, a conciliation will be summoned up to
second time to the alleged person responsible for the denounced act.
The Ombudsman within the following five days will designate a
official to act as conciliator and summon the parties
indicating the place, day and time for the appearance at the hearing
conciliatory, who may do so personally or through
attorney with express power to conciliate, stating in
act the result of the same.
In the event of a conciliatory agreement, it will produce the effects of the
transaction, and the certification of the minutes will be enforceable.
The conciliation agreement between the provider and the consumer does not mean
acceptance of administrative responsibility of the former.
Failure to appear at the hearing
Art. 112.- In the event that any of the parties does not appear at the
conciliatory hearing, it will be summoned a second time to hold it in a
term no longer than ten days.
If the provider does not attend a second time without just cause, the
will legally presume as true what is stated by the consumer,
making it recorded in the minutes and the file will be sent to the Court
Sanctioner, to initiate the corresponding procedure.

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In the event that the consumer does not attend the hearing a second time
conciliation and does not present justification, the
claim and the file will be filed, not being able to present another
claim for the same facts.
The justification of absence must be presented within the period of
three days from the date of the hearing.
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Art. 113.- In the act of conciliation, the official delegated by
The Ombudsman will act as moderator of the hearing, will hear both
parties and will end the debate at the time it deems appropriate;
will make the interested parties see the convenience of resolving the matter in a
friendly way; but if they do not reach an agreement, he will propose the
solution that it deems equitable, the appearing parties having to declare
if they accept it totally or partially or if they reject it.
Equality of the parties
Art. 114.- In matters of conciliation, mediation and regulated arbitration
by this law, no person shall enjoy special status by reason of the
position.
Mediation
Art. 115.- Mediation will proceed when the consumer requests it from
express way; For this purpose, mediation will be summoned up to a second
time, to the allegedly responsible for the denounced act.

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The Ombudsman within the following five days will designate
immediately a mediator, who will be a facilitator of communication
Between the parts; then proceed to cite them for the first hearing
joint, indicating the day and time for their appearance.
Mediation hearing
Art. 116.- In the first joint hearing, the mediator will initiate the
procedure indicating to the parties the role they will play during
mediation, will provide basic information about the procedure to
follow and specify the rules of behavior that they must observe
within the hearings.
The mediator may hold private hearings with each of the
interested parties, prior communication and consent of the other party.
Throughout the mediation procedure, mediators must
respect the principles of confidentiality and impartiality.
Mediation agreement
Art. 117.- In case of total or partial agreement of the controversy,
will draw up the minutes, which will produce the effects of the transaction. The
certification issued by the Ombudsman will have executive force.
Agreements with mediation and arbitration centers
Art. 118.- To carry out mediation and arbitration, the Ombudsman's Office also
may enter into agreements with other public entities and universities
that have Mediation and Arbitration Centers, who must comply
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with the requirements and procedures established in this law and its
regulation.
Arbitration (1)
Art. 119.- If the conflict cannot be resolved through conciliation
or mediation, it will be proposed to those interested in the matter, that the
conflict is submitted to arbitration, which will be developed according to the
procedure established in this law and its regulations, which
may be modified by the parties by mutual agreement, provided that
respect the principles of equality, hearing, contradiction and due
process.
In cases of arbitration in matters related to the rights of the
consumers, the rules contained in the law of
mediation, conciliation and arbitration, except in a supplementary way for what is not
expressly provided in this law.
The Ombudsman's Office may implement general and voluntary systems
of adhesion of suppliers to consumer arbitration, for which
will require the expression of their will through public offers or
by statements of submission deposited with the Ombudsman, in the
unequivocally stating the will of the provider to submit
their controversies in consumer matters, to arbitration regulated in the
this law and after compliance with the requirements established in the
regulation.
The Ombudsman's Office may administratively create incentive systems
for providers who generally adhere to arbitration of
consumption. (1)
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Types of arbitration
Art. 120.- Matters submitted to the arbitration process may be resolved
through equity-based arbitration, technical arbitration, or arbitration
of law.
For the purposes of applying this law, it should be understood by:
a) Arbitration in equity; also called friendly composers,
which is the one in which the arbitrators proceed with complete freedom,
decide as is most convenient to the interest of the parties, without
attend more than to his conscience, the truth and good faith;
b) Technical Arbitration; is the one when the referees pronounce their decision
by reason of their specific knowledge in a certain
science, art or craft; Y
c) Arbitration of law; is the one on which the arbitrators base
your decision in the positive law in force.
The arbitration procedure will be initiated if the supplier and the consumer so
agree, without the need for conciliation or mediation procedures
previous. In the event that the consumer or supplier has requested the
arbitration procedure, the Ombudsman must comply with the procedure
established in the following articles.
Arbitration will also proceed if the parties have agreed to submit to
to this procedure in the conciliation or mediation stage or if so
they had agreed to it in the contract or in the arbitration clause
same. In the case of adhesion contracts, the arbitration clause
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should not be part of the clauses printed on the forms
used, but must appear as an additional clause freely
discussed by the parties.
The arbitration will be free for the parties, unless they decide
contract arbitrators on their own, in which case they will assume the cost of
the same.
Request for arbitration
Art. 121.- The request for arbitration must meet the following requirements:
a) The data that identify the consumer and the place where
can be notified;
b) The data that identify the provider and the place where
can be notified;
c) The brief description of the dispute and the amount thereof;
d) The request to submit the dispute to arbitration, the type of arbitration
proposed and if applicable, the appointment of the arbitrator
that corresponds to him, or the request that the arbitrators be
appointed by the Ombudsman. In case of prior agreement
of arbitrations between the parties, a copy of said
agreement; Y
e) Place or technical means to receive notifications.
Principles of the arbitration exception
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Art. 122.- The arbitration exception shall be governed by the following principles:
a) The arbitration agreement implies resignation of the parties to initiate process
judicial on the matter or controversies submitted to arbitration; Y
b) The judicial authority that takes cognizance of a controversy
subject to an arbitration agreement, it must declare itself incompetent to know
of the case when requested by the judicially defendant. On
In this case, said party may file the arbitration exception,
which will have to be resolved without further formality and without recourse
some against the decision.
Notification
Art. 123.- After receiving the request for arbitration, the Ombudsman's Office
It must be notified to the supplier or the consumer as the case may be.
Reply
Art. 124.- The supplier or the consumer, as the case may be, must
express to the defense counsel, within five business days of receiving the
notification of the request for arbitration, if you accept or reject the submission
to the arbitration process, in the event that there is no prior agreement; its not
The answer will be considered negative and the file will be filed,
as long as there are no elements about the possible commitment
of an infringement, because in such case the corresponding
sanctioning procedure in accordance with Art. 143, letter d). (1)
If you accept the proposed arbitration, your answer must include
in the pertinent the requirements established for the arbitration request.
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The consumer arbitration will be in equity, except that the amount of the
claim is greater than three thousand dollars, and that the parties choose
technical or legal arbitration in the conciliation stage, or when the
agreement of submission to the arbitration jurisdiction of consumption is made
before the Consumer Defender. (1)
When acting through an attorney-in-fact or legal representative, you must
adequately legitimize the legal status with which it acts.
In the event that there is a prior agreement, the Ombudsman will notify the
presentation of the request to the other party, in order to designate
the corresponding arbitrator, if applicable, or agree to the appointment
the sole arbitrator as the case may be, if he has these powers; not
make them, the appointment will be made by the Ombudsman.
Appointment of arbitrators
Art. 125.- In case of disputes whose amount is up to three thousand dollars
of the United States of America, you will learn about the abbreviated procedure
for a minor amount, a single arbitrator appointed by the Ombudsman, or by the
parties if they agree. (1)
In the case of disputes of a higher amount, you will be able to hear a court
sole arbitrator or three arbitrators appointed by the defense, in
the common procedure regulated in the following articles, according to
the will of the parties; unless they decide to designate
common agreement, in the first case to the arbitrator, or to appoint each one
arbitrator in the second case, and those thus appointed must appoint the
third referee; in case of disagreement, the designation
will do the advocacy. (1)
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The arbitrators referred to in this article will be chosen from
between a list of arbitrators accredited by the defense and their remuneration
It will be borne by the latter, except in the case in which the parties or any of them
decides to appoint its own arbitrator, in which case the remuneration will be
on your own. (1)
Only natural persons who are in full exercise
of their citizen rights may be appointed as arbitrators.
When the arbitration has to be decided subject to law, the
Arbitrators will also be lawyers in the free exercise of their profession.
When the arbitration must be resolved according to rules or principles
technicians, the referees must be experts in the art, profession or
respective trade.
Challenges and impediments
Art. 126.- The arbitrators may be challenged by the parties before the
Ombudsman for any motivated circumstance that raises doubts about
its impartiality; in which case the Ombudsman will decide on the matter,
after hearing the challenged arbitrator within forty-eight hours
following.
The challenged arbitrator may resign his position, without said resignation being
take as acceptance of the reason for the challenge referred to.
In the same way, the arbitrator must reveal to the Ombudsman and the parties,
any circumstance that could raise doubts about its impartiality
or independence.

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Substitution of arbitrators
Art. 127.- In the event of a challenge, resignation, death,
illness of the referee or for any other circumstance that does not
possible the continuity of his functions, the party that appointed him may
replace it, if not, the Ombudsman will proceed to replace it.
Start and duration of the arbitration
Art. 128.- Once the sole arbitrator or the third arbitrator, as the case may be,
express your acceptance of the position to the Ombudsman and to the parties
In writing, the term of the arbitration process will begin, and the award must be issued
within sixty days for the common procedure and
forty days for the abbreviated procedure for minor amounts, except
that the parties agree to extend said terms. (1)
Court Installation Hearing
Art. 129.- When the sole arbitrator or the third arbitrator, as the case may be,
express your acceptance of the position, the Ombudsman will proceed to install
the arbitral tribunal appointing its President and Secretary, and
will indicate the period of five days from the completion of this
audience for the consumer to file their claim. (1)
Second paragraph repealed by: DL 286/2013
Lawsuit and its modification
Art. 130.- The claim must contain as minimum requirements:

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a) Name and address of the parties;
b) The relationship of the facts;
c) The petition;
d) The enumeration and offering of the evidence; Y
e) Designation of the place or technical means to receive notifications and
place to summon the defendant.
The documentary evidence that is intended to be made will be attached to the application.
be worth, and where appropriate, the receipt of payment of the fees
of the referees.
The offer and provision of evidence regarding new facts or
Supervening parties will be subject to the reasoned resolution of the court.
arbitration for acceptance, based on the principles of equality
procedural, contradiction and legal security. The claim may only
be modified before answering it.
Answer to the claim
Art. 131.- The answer to the claim must fill in the pertinent,
the requirements established for the claim, and must be carried out in the
within five business days from the notification of the order
admission of that one.
When the claim is answered, the plaintiff may be countered, in which
In case the latter must answer the counterclaim within five
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business days counted from the notification of the same, from the
counterclaim.
With the answer, the exceptions that are intended must be opposed
enforce.
Test hearings and their assessment
Art. 132.- Evidence hearings will be held by prior appointment of the
parties and with the presence of all members of the tribunal.
The tests will be evaluated according to the rules of sound criticism.
Expert evidence
Art. 133.- During the established arbitration procedures
In this law, the opinion of one or more experts may be used
appointed by the arbitrator, unless all parties propose
spontaneously and unanimously the appointment of two experts or one
alone. For this purpose, the parties who attend the
office of the Center for Dispute Resolution and Alternate Media
Conflict Resolution of the Consumer Ombudsman in the hours
of the hearing of the day following the date of service of the order
respective; and if not all of them concur, or they do not agree
in the appointment, the arbitrator will proceed to make it. In the case of
discord between the experts, the arbitrator will appoint a third party to
settle.
The named experts will be remunerated by the Ombudsman's Office, unless
the parties decide to appoint them, in which case they will assume the cost of the
themselves.
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Experts are obliged to make confidential use of the information
provided to them for cases in which there is containment
between parties, as well as the reports they generate.
Hearing of pleadings
Art. 134.- The arguments will be oral and the parties will present to the court
arbitration a written summary of them.
Award
Art. 135.- The award will be issued in writing and will be final, unappealable.
and mandatory for the parties, who must comply with it within the
fifteen days after notification.
The court must always substantiate or justify its award according to
the case; must be signed by the arbitrators and will contain the date and place
in which it was issued. When there are three referees and one of them does not sign,
will indicate in the award the reason for the absence of the signature.
The arbitration award and any other decision of the tribunal shall be
well-founded or motivated and will be taken by majority; the vote against
it must be reasoned.
Notification hearing
Art. 136.- The court will summon the parties in advance to deliver
at the hearing, a copy of the award signed by the arbitrators, which will serve as
legal notification of its content, drawing up the corresponding act.

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The award will be considered notified, notwithstanding the absence of the
parts.
The original of the award will be deposited with the Ombudsman.
Abbreviated procedure for small amounts (1)
Art. 136 A.- Requests for arbitration whose claim is of
undetermined amount and those that are of an amount less than the
three thousand dollars of the United States of America, shall be governed by the
abbreviated process for a smaller amount regulated in this law and its
regulation.
In the abbreviated procedure for a minor amount, when the arbitrator
only state their acceptance of the position, the Ombudsman will proceed to
notify the consumer so that he can present his demand in writing
within five days.
Upon receipt of the claim, the arbitrator will proceed to resolve by means of
order on the admission of the same, within three days from its
presentation. If it was found, after examining it, that the
all procedural budgets and that it has no defects, will dictate auto
of admission.
If the claim has rectifiable defects, the arbitrator will warn the
party on them, granting a period of three days so that the
Remedy, warning him that if he does not do it, he will declare it inadmissible.
Moreover, if the defects of the claim were insurmountable, the arbitrator
it will dictate a ruling declaring it improper.

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The defendant will have a term of eight days, counted from
the date of notification of the claim, to answer it and
with this must be added the documentary evidence of the claim
avail.
Once the claim has been answered or the deadline to do so has expired without the
defendant would have done so, the arbitrator will set a hearing so that
the parties concur, within a maximum period of eight days.
If for just cause the hearing cannot be held, the arbitrator
will indicate for the only time a new date for his practice, which will be
will develop, even in the case of default of the consumer or the
claimed supplier.
The hearing will be oral, and the parties may make the allegations that
consider necessary for the best defense of their interests. The
Exceptions to the counterclaim, if any, will be alleged in the
audience.
At the hearing, the arbitrator must try to conciliate the parties,
which if achieved, the agreement will be elevated to the category of award
final arbitration.
If the conciliation is not achieved, the arbitrator will hear the parties and order the
production of the evidence it deems pertinent. The parties may
request, at least three days in advance of the hearing date,
those tests that, to be carried out in the same, require proceedings
of summons or requirement.

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After hearing the parties, the arbitrator may render the award without further ado if
deems appropriate, otherwise, the award must be issued within the term
maximum of three days, counted from the date of completion of the
hearing, which will be notified in writing to the parties.
The other aspects of the abbreviated procedure will be regulated
in the regulation of the law, considering these as rules of
institutional arbitration; the arbitrator being able to decide on issues
of the procedure applicable in a supplementary manner to the foregoing, the
procedures established for the general procedure regulated
in this law.
The deadlines to which the abbreviated process of minor amount refers
they will be counted in calendar days. (1)
Clarification, correction or addition of the arbitration award
Art. 137.- The award will be subject to clarification, correction or addition; the
A request for such purposes must be submitted by any of the
parties within three business days following the hearing of the
award. The tribunal shall clarify, supplement or correct the award, if
appropriate, within a period of no more than five business days
counted from the respective request.
The addition will only proceed to make the condemnations or reforms
convenient in terms of damages, interest and fruits.
Appeals for annulment

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Art. 138.- Against the arbitration award, only the
Appeal for annulment, within five business days following the
notification of the same or of the order by means of which it is clarified,
correct or add.
The appeal must be filed in writing and will only proceed for the
causes that are exhaustively established in this law.
Its procedure will correspond to the Chamber of Second Instance with
civil jurisdiction of the place where the award was made, and in San
Salvador will correspond to the First Civil Chamber.
Grounds for annulment of the award
Art. 139.- The only grounds for annulment of the award are the following:
a) The absolute nullity of the arbitration agreement arising from the object
illicit or illicit cause. The other grounds for absolute nullity or
relative to the arbitration agreement may only be invoked when they have
been alleged in the arbitration process and have not been cleared or
validated during the same;
b) The arbitral tribunal has not been legally constituted, always
that this cause has been expressly alleged since the
initiation of the arbitration process;
c) Notifications have not been made in the manner provided in
this law, unless it is deduced from the procedural action that the
interested party knew or should have known the providence;
d) When without legal basis they stop decreeing tests
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timely requested or no longer practiced
the necessary procedures to evacuate them, provided that such
omissions have an impact on the decision and the interested party
have claimed in the proper form and time, except in the case
contemplated in Art. 130 third paragraph of this law relative to the
proof of new or supervening events;
e) The award has been rendered after the expiration of the term
set for the arbitration process or its extensions;
f) Have been ruled in equity, must be in law, provided that
this circumstance appears manifest in the award;
g) Contain the operative part of the award arithmetic errors or
Contradictory provisions, provided that they have been alleged
promptly before the court and have not been corrected;
h) The award has fallen on points not subject to the decision of the
arbitrators or having been granted more than requested; and
i) Not having decided on matters subject to arbitration.
The causes of nullity established in literals b), c), d) and
g) of this article may only be invoked when they have
been alleged in the arbitration process and have not been cleared or
validated in the course of it.
Admissibility and rejection
Art. 140.- The competent Chamber of Second Instance will reject the
Appeal for annulment when it appears manifest that its filing is
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extemporaneous or when the grounds do not correspond to any of the
indicated in the previous article.
In the providence by means of which the Chamber is devoted to the knowledge
of the appeal, if it turns out to be appropriate, it will order the successive transfer
for five business days to the appellant to support it and the part
contrary to present your case. Transfers will be run in the
secretariat and without the need for new providence.
In the event that the appeal is not supported by the appellant, the Chamber
of Second Instance will declare it inadmissible with a sentence on costs
at your expense.
Procedure and expiration of the resource
Art. 141.- Once the transfer has been carried out and the necessary tests have been carried out
judgment of the Chamber of Second Instance, the appeal will be decided in a
within ten days.
When any of the causes indicated in the literals occur
a), b), c), d), e) and f) of Art. 139 of this law, the Chamber will declare the
nullity of the award. In all other cases, it will order the arbitral tribunal to
make any corrections or additions to the case.
Against the ruling of the Chamber of Second Instance, he may not
lodge any appeal, including cassation.
Value of the arbitration award
Art. 142.- The certification of the final arbitration award has the same force
and validity of a judicial sentence executed and passed on the authority of
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res judicata and must be issued by the Ombudsman.

CHAPTER III
SANCTIONING PROCEDURE
Beginning of the procedure
Art. 143.- The procedure begins:
a) When any of the parties has desisted from submitting the conflict
to any of the alternative means of dispute resolution;
b) In the case of collective or diffuse interests; if in the case of
of individual interests there was no settlement in the mediation or
conciliation; Y
c) When the Ombudsman has knowledge of the infraction by any
half.
In the cases of literals “a” and “c”, the procedure will begin with the
certification sent to this effect by the Center for Settlement of Disputes
of the Ombudsman's Office, which must be remitted within a maximum period of ten
days, counted from the last audience with the consumer.
In the case of literal “b”, by written complaint from the President or the
President of the ombudsman or by consumer associations
accredited; and, in the case of literal “d”, by written complaint from the
President or President of the Ombudsman's Office.

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The complaint referred to in the preceding paragraphs must state
the identification and general data of the complainant and the provider,
the behaviors observed, legal provisions that are considered
infringed, as well as the qualification that the facts deserve, the
claim of the complainant and other data that it deems appropriate;
In addition, the President of the Office of the Ombudsman will present the measures
precautionary measures that may have been ordered, and consumer associations
they may request those they consider necessary. (1)
Procedure
Art. 144.- The Court, once the complaint is received, will decide on
admission within five days, taking into account whether they have
provided the necessary elements to attribute to a person the
alleged commission of an offense.
If the complaint filed does not meet the established legal requirements
In the previous article, the Court will prevent the complainant so that in
the maximum period of three days complies with or remedies what has been observed.
In the formulation of the prevention, the complainant will be indicated that,
Failure to comply with the requirements that are required, will be declared inadmissible
the complaint, saving your right to file a new complaint
if appropriate. (1)
Simplified procedure (1)
Art. 144-A. In the case of ex officio complaints, and the facts are
clearly determined, for having been recorded in proceedings
of the Consumer Ombudsman or proven with the actions of other
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institutions have been recognized by the offender, recorded in records
administrative or other justified circumstances, the file
It may be processed in a simplified procedure, in accordance with the
following rules:
a) In the resolution of admission of initiation, in addition to what is indicated
in the regulations of this law, the simplified character will be specified
of the procedure;
b) Within three days of notification of the referral
order, the alleged offender may formulate allegations and present
the documents they deem convenient, as well as proposing the
practice of the tests that they consider necessary. This same
term will serve to make the allegations when they had
adopted precautionary measures in advance;
c) The Court will carry out the appropriate actions and, when
appropriate, order the evidence that had been admitted.
In this procedure, the court may exceptionally order
Complementary proceedings that may be necessary to dictate its
resolution;
d) Once the actions indicated in the preceding paragraph have been carried out, the court
issue the final resolution. Before issuing this resolution, if
It should be appreciated that the extremes that justify
the simplified procedure or in view of the complexity
of the infractions or, where appropriate, of the claims of the

consumers, the Court may decide to continue the investigation
through the procedures of the ordinary procedure, thus notifying the
alleged offender and, where appropriate, to the interested parties so that in the
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within five days make allegations or propose evidence if
they consider convenient;
e) The resolution that decides to process the file through the
Simplified procedure will not admit any appeal. (1)
In any case, this procedure will always be followed, when
deal with the knowledge of the infractions provided for in articles 42,
literals a), e), g), h), i) and j); 43, literals b) and f); and 44, literals a), e), f) and g). (two)
Citation of the accused
Art. 145.- Once the procedure has started, the Court will summon the provider to
to appear to present its defense in writing within the period of
five days from the day following notification.
Once the term has expired, whether or not the provider has appeared, it will be open to
test for eight days. (1)
Evidence phase
Art. 146.- During the trial period, the parties may present and
request the evidence they deem pertinent.
The Court shall have ex officio at any time during the
procedure, the practice of the test that it deems appropriate, giving
intervention to stakeholders.
The means of proof recognized in common law will be admitted,
in what is applicable and the suitable scientific means.
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The evidence provided in the process will be appreciated according to the rules
of healthy criticism.
Final resolution
Art. 147.- Once the proceedings have concluded, the Court will issue a resolution in
the maximum period of ten days.
The final decisions of the Court will admit the appeal of
revocation, which will be processed and resolved in accordance with the rules of the
common law.
Clarifications and corrections
Art. 148.- The Court may ex officio, or at the request of a party, clarify
obscure concepts or correct material errors that contain the
resolutions.
Clarifications and corrections can be made within five days
following notification of the resolution, or where appropriate, upon request
of the interested party, submitted within the non-extendable period of three days
following the notification.
The appeal for revocation will be optional for the purposes of the
contentious administrative action.
Resolutions (1)
Art. 149.- The final resolution or the one that resolves an incident, will be
signed by all members of the Tribunal, even in the case of voting
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reasoned. The procedural orders may be resolved by a single
of the members, except those that refer to the admission or inadmissibility
of the complaint and the ordering or rejection of the test.
The certification of the final resolution that imposes a sanction or that
contains an order to give, do or deliver a thing for replacement
of the situation altered by the administrative offense, will have force
executive. The offender must comply with the resolution within ten
days following the one on which you have been notified.
If the fine is not complied with voluntarily, the President
of the Ombudsman will request the Attorney General of the Republic to do
effective sanction according to common procedures.
When a measure has been issued to restore the situation
caused by the administrative offense, if the sanctioned party does not comply with
the term indicated in the second paragraph of this provision, the interested party
may request certification of the resolution to exercise the actions
respective. (1)
Conservation of civil action and others
Art. 150.- Regarding consumer rights, providers
will be subject to the corresponding administrative sanctions, without
prejudice to civil, criminal or other responsibilities that
may attend.
Ability to be a party and legal standing (1)
Art. 150-A. Without prejudice to the provisions of common legislation on the matter
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civil and commercial, may be part of legal proceedings, groups
of consumers or users affected by a harmful event, when
the individuals that compose it are determined or are easily
determinable.
The Consumer Ombudsman and consumer associations,
will be procedurally legitimized for the exercise of the actions
in defense of the collective or diffuse rights and interests of
the consumers. (1)

TITLE V
NATIONAL PROTECTION SYSTEM
TO THE CONSUMER
CHAPTER I
GENERAL FEATURES
System
Art. 151.- The National Consumer Protection System is instituted,
hereinafter "the System", to promote and develop protection
of consumers, which will be made up of: The Ombudsman's Office
Consumer, dependencies of the Executive Branch and other institutions
of the State that among the matters of its competence correspond
Sectorally safeguard the rights of consumers or monitor the
companies that operate with the public.
System Coordinator
Art. 152.- The Ombudsman will be the coordinating entity of the System and will serve
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as a liaison office for the joint action of the entities
public for compliance with this law.
System Activities
Art. 153.- The members of the System, according to the powers
established by their regulatory frameworks will carry out in coordination,
among others, the following activities in relation to the protection of the
consumer:
a) The training of its officials in this matter;
b) The registration and classification of the complaints presented by the
consumers and the sanction imposed or the exemption of the supplier,
in your case;
c) The creation of networks of officials participating in the System,
to carry out specific and preventive actions to protect
the consumers;
d) Strategically plan the activities necessary for the
monitoring and enforcement of legislation related to
consumers;
e) The development of information and communication instruments;
f) The development of technical standards, methods and guidelines for
law enforcement officials; Y
g) The collection of data, research and other information
on the behavior and attitude of consumers.

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Quality control activities
Art. 154.- The institutions of the Executive Body in the scope of their
competitions, organize quality control campaigns and activities,
especially in relation to the following products and services:
a) Those of common, ordinary and generalized use or consumption;
b) Those that reflect a greater incidence in statistical studies
or epidemiological;
c) Those that are the subject of claims or complaints, of which
disadvantageous situations are reasonably deduced or
defenselessness of consumers;
d) Those that are the object of specific research programs;
Y
e) Those others who, by reason of their regime or process of
production and commercialization, can be easily object of
fraud or adulteration.

CHAPTER II
THE COOPERATION
Request for information
Art. 155.- The Ombudsman's Office will require any public entity to
information that it considers necessary to establish whether
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or there may be an infringement of the legislation that protects the
consumer interests. The requested will immediately facilitate the
requested information, for which purpose you must make, where appropriate, the
investigations that are necessary.
The Ombudsman may appoint one of its officials to accompany
to the delegates of the required entity in their investigations.
Exchange of information
Art. 156.- When an official has knowledge that a
produced an infringement of the legislation that protects the interests of
consumers, or consider that there is a serious risk that such
infraction occurs, it will notify the Ombudsman and send it, without
delay, all the necessary information.
Use of the information exchanged
Art. 157.- The information provided may only be used to ensure the
respect for the legislation that protects the interests of consumers.
In any other case, the information will be confidential and will be subject to the
professional secrecy, unless invoked as evidence.
Requests for the application of measures
Art. 158.- The Ombudsman's Office may require any official to
who corresponds, among its legal attributions the protection of
consumer rights, to adopt administrative measures
necessary to stop the violation of their rights.
The requested authority shall promptly inform the Ombudsman's Office
enforcement measures taken.
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Coordination of consumer protection measures
Art. 159.- All civil servants who are members of the System, if pertinent,
prior to adopting any measure related to the rights of
consumers in their area of ​competence, you can hear the Ombudsman.
Complaints and database
Art. 160.- The institutions of the System will send regularly to the
Ombudsman, statistics of all consumer complaints
received and the resolutions issued regarding the protection of the
consumer. The Ombudsman's Office will keep a database updated
electronic, in which you will record the information received, which may
be consulted by the competent authorities and by the public in
general.

CHAPTER III
THE ASSOCIATIONS OF
CONSUMERS
Association book
Art. 161.- In order to enjoy any benefit granted by the
present law and applicable regulatory provisions, the associations
of consumers must be accredited by the Ombudsman and appear in
a book that will take away.
From consumer associations
Art. 162.- Consumer associations must be individuals
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legal and include among its objectives or purposes, the protection of
consumer rights.
Such associations may be integrated into groups or federations
private entities for the same purposes and may represent before the Ombudsman
consumers when it comes to the defense of collective interests
or fuzzy.
Conditions for accreditation
Art. 163.- To be accredited, the applicant associations must
present proof of its status as a legal entity and have among its
purposes the protection of consumer rights, either
either in general or in relation to products or services
determined.
Requirements to be accredited
Art. 164.- To be able to act in the promotion and defense of rights
of consumers, as part of the Advisory Council, the associations
of consumers must meet the following requirements:
a) Be completely disinterested in promoting the
commercial or political causes;
b) Not for profit;
c) Do not accept advertisements of a commercial nature in their
publications;

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d) Do not allow commercial exploitation by providing information
incomplete in the advice it offers to the consumer;
e) Not receive donations, contributions or contributions from parties
politicians or commercial, industrial or supplier companies
service, private or state, national or foreign; Y
f) Do not use insulting or defamatory means or actions that damage
or violate the image of suppliers.
The above requirements will be qualified by the President of the
Defensoría, and the breach of any of them later
accreditation will result in the loss of it, according to the
procedure established in the regulations of this law.

TITLE VI
FINAL, TRANSITIONAL PROVISIONS,
REPEALS AND VALIDITY
SINGLE CHAPTER
SCOPE
Reference in other laws
Art. 165.- When a law mentions the authority that protects the
consumer rights, either to delegate powers or to
define relations with other organs and institutions of the State,
You will understand that the reference is to the Ombudsman.

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Regulation
Art. 166.- The President of the Republic will issue the regulations of this
law within ninety days after the entry into force of the
herself.
This power is understood without prejudice to that granted to the President of
the Ombudsman's Office.
Supplementary application of common legislation
Art. 167.- In matters not provided for in this law, the provisions of the
common law as long as they do not contradict the principles that inform
the present.
Pending administrative procedures and current contracts
Art. 168.- Administrative procedures already initiated before the
General Directorate of Consumer Protection at the time of entering
This law is in force, they will continue to be processed until its termination,
compliance with the provisions of the Consumer Protection Law that
it is repealed by this Decree.
The contracts signed prior to the entry into force of
this law, will be maintained until the end of the term stipulated in
each of them, unless the parties decide to terminate them
in advance in accordance with the clauses contained in the
themselves.

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AUTHENTIC INTERPRETATION
DECREE No. 1017
THE LEGISLATIVE ASSEMBLY OF
THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.- That by Legislative Decree N1. 776, dated August 18
of 2005, the Consumer Protection Law was approved, which
It was published in the Official Gazette No. 1. 166, Volume N1. 368 of
dated September 8 of that year, replacing the Law of
Consumer Protection contained in the Legislative Decree
N1. 666, dated March 14, 1996, published in the Diario
Officer N1. 58, Volume N1. 330 of March 22 of that same
year.
II.- That the first paragraph of Art. 168 of the Law for the Protection of
Consumer, points out that administrative procedures
already initiated before the General Directorate for the Protection of
Consumer at the time of its entry into force, it is
will continue to process, in accordance with the provisions of the
Consumer Protection Law repealed, without being expressed
clearly in said transitory provision who will continue
processing the administrative procedures to which it refers.
III.- That Art. 86 third paragraph of the Constitution states that the
Government officials are delegates of the people and have no
more powers than those expressly given by law.
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IV.- That it is essential to authentically interpret the
Scope of Art. 168 of the Consumer Protection Law
to avoid confusion resulting in violations of guarantees
fundamentals of the administered, granting in the form
express competence to the Sanctioning Court created by
the new Consumer Protection Law to finalize the
procedures that had been initiated, as well as knowing
events that occurred prior to the validity of the current
Consumer Protection Law and that could give rise to the
imposition of administrative sanctions.
THEREFORE,
In use of its constitutional powers and at the initiative of the
deputies Juan Miguel Bolaños Torres and Humberto Centeno Najarro.
DECREE:
Art. 1.- The first paragraph of Art. 168 of
the Consumer Protection Law, approved by Legislative Decree
N1. 776, dated August 18, 2005, published in the Diario
Official No. 166, Volume 368 dated September 8, 2005, in
the meaning that corresponds to the Sanctioning Court of the Ombudsman's Office
of the Consumer, finalize the procedures already started, as well as
learn of events that occurred prior to the validity of the
current Consumer Protection Law, and that may give rise to
the imposition of administrative sanctions, which it will do by applying
the procedures and sanctions provided for in the Law for the Protection of
Consumer who was repealed, without prejudice to the direct application of
the principles and guarantees recognized in Art. 14 of the Constitution.
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Art. 2.- The previous interpretation will be understood as incorporated into the text.
of Legislative Decree No. 776 cited in the previous article.
Art. 3.- This decree will enter into force eight days after
its publication in the Official Gazette. (*)
GIVEN IN THE LEGISLATIVE PALACE: San Salvador, thirty days after
of the month of March of two thousand and six.
DO N ° 88, VOLUME N ° 371, Date: May 16, 2006.
The contracts signed prior to the entry into force of
this law, will be maintained until the end of the term stipulated in
each of them, unless the parties decide to terminate them
in advance in accordance with the clauses contained in the
themselves.
Appointment of the first President of the Ombudsman's Office, members
of the Advisory Council and the Sanctioning Court
Art. 169.- The first President of the Ombudsman will be appointed by
the President of the Republic, at the latest within ninety
days following the entry into force of this law, having to exercise
the functions that this law assigns to the President of the Ombudsman,
the Presidential Commissioner for the Consumer Ombudsman,
appointed by the President of the Republic, by Agreement
Executive No. 5, dated June 1, 2004, published in the Diario
Official No. 100, Volume No. 363, of that same date, while such
appointment is not made.

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The first members of the Sanctioning Court will be appointed by
the President of the Republic, at the latest within thirty days
following the effective date of this decree.
The first members of the Advisory Council will be appointed by the
President of the Republic, in accordance with the procedure established in the
this law and its regulations, at the latest within ninety days
following the effective date of this decree.
Resource transfer
Art. 170.- The Ombudsman's Office will begin operations with the assignments
budgetary provisions of the General Directorate of Consumer Protection in
the economy branch, including those corresponding to the different
programs that are being executed by it, as well as the
of the Presidential Commissioner for the Consumer Defender
in the General Budget of the Nation. All assignments
budgetary provisions referred to in this provision are the
corresponding to the year two thousand five.
The staff of the General Directorate of Consumer Protection, passes to
be part of the Ombudsman's Office and will enjoy all the normal benefits
that it has at the time of entry into force of this decree.
Movable property of the Directorate General for Consumer Protection
are transferred by ministry of law, as a contribution from the State to the
patrimony of the Defensoría.

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Repeal
Art. 171.- The Consumer Protection Law, contained in the
Legislative Decree N1. 666, dated March 14, 1996, published
in Official Gazette No. 58, Volume No. 330, of March 22 of the same
year.
Validity
Art. 172.- This Decree shall enter into force thirty days after
of its publication in the Official Gazette.
GIVEN IN THE LEGISLATIVE PALACE: San Salvador, on eighteen days
of the month of August of two thousand five.
CIRO CRUZ ZEPEDA PEÑA,
PRESIDENT.
JOSÉ MANUEL MELGAR

JOSÉ FRANCISCO MERINO

HENRÍQUEZ,

LOPEZ,

FIRST VICE PRESIDENT.

THIRD VICE PRESIDENT

MARTA LILIAN COTO VDA. FROM JOSÉ ANTONIO ALMENDÁRIZ
CUELLAR,

RIVAS,

FIRST SECRETARY.

THIRD SECRETARY.

ELVIA VIOLETA MENJÍVAR,
FOURTH SECRETARY.

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PRESIDENTIAL HOUSE: San Salvador, on the thirty-first day of the month of
August of the year two thousand and five.
LET IT PUBLISH,
ELIAS ANTONIO SACA GONZALEZ,
Republic President.
Yolanda Eugenia Mayora de Gavidia,
Minister of Economy.
DO No. 166, Volume No. 368, Date: September 8, 2005.
REFORM:
(1) DL No. 286, January 31, 2013;
DO No.34, T.398, February 19, 2013.
(2) DL No. 51, July 5, 2018;
DO No. 141, T. 420, July 30, 2018.
AUTHENTIC INTERPRETATION:
(*) DL No. 1017, MARCH 30, 2006
DO No. 88, T. 371, MAY 16, 2006. (Art. 168, Inc. 1º)
DECREE No. 286
Special provisions
Art. 43.- In the case of the existing loan portfolio with balances
pending payment as of the effective date of this decree,

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The provisions regarding commissions and surcharges in Art, 12-A will apply.
of this Law, ninety days after the entry into force of the
present decree. In that period, the price of the
commissions or surcharges. (1)
Validity
Art. 44.- This Decree shall enter into force eight days after
its publication in the Official Gazette. (1)
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, to
the thirty-one day of the month of January of two thousand thirteen. (1).
OTHON SIGFRIDO REYES MORALES
PRESIDENT
ALBERTO ARMANDO ROMERO RODRIGUEZ
FIRST VICE PRESIDENT
GUILLERMO ANTONIO GALLEGOS NAVARRETE
SECOND VICE PRESIDENT
JOSÉ FRANCISCO MERINO LÓPEZ
THIRD VICE PRESIDENT
FRANCISCO ROBERTO LORENZANA DURÁN
FOURTH VICE PRESIDENT
ROBERTO JOSÉ d'ABUISSON MUNGUÍA
FIFTH VICE PRESIDENT
LORENA GUADALUPE PEÑA MENDOZA
FIRST SECRETARY

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CARMEN ELENA CALDERÓN SOL DE ESCALÓN
SECOND SECRETARY
SANDRA MARLENE SALGADO GARCÍA
THIRD SECRETARY
JOSÉ RAFAEL MACHUCA ZELAYA
FOURTH SECRETARY
IRMA LOURDES PALACIOS VÁSQUEZ
FIFTH SECRETARY
MARGARITA ESCOBAR
SIXTH SECRETARY
FRANCISCO JOSÉ ZABLAH SAFIE
SEVENTH SECRETARY
REYNALDO ANTONIO LÓPEZ CARDOZA
EIGHTH SECRETARY
PRESIDENTIAL HOUSE: San Salvador, on the fifteenth day of the month of February
of the year two thousand thirteen.
BE PUBLISHED,
CARLOS MAURICIO FUNES CARTAGENA
REPUBLIC PRESIDENT
JOSÉ ARMANDO FLORES ALEMÁN
ECONOMY MINISTER

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DECREE No. 51.
REFORMS TO THE CONSUMER PROTECTION LAW
Validity
Art. 15.- This Decree will enter into force eight days after
its publication in the Official Gazette.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador,
on the fifth day of the month of July, two thousand and eighteen. (two).
Norman Noel Quijano González
President
José Serafín Orantes Rodríguez
First Vice President
Guillermo Antonio Gallegos Navarrete
Second Vice President
Yanci Guadalupe Urbina González
Third Vice President
Alberto Armando Romero Rodríguez
Fourth Vice President
Jose Francisco Merino Lopez
First secretary
Rodolfo Antonio Parker Soto
Second Secretary
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Norma Cristina Cornejo Amaya
Third Secretary
Patricia Valdivieso de Gallardo
Fourth Secretary
Numan Pompilio Salgado García
Fifth Secretary
Mario Marroquin Mejia

Sixth Secretary
PRESIDENTIAL HOUSE: San Salvador, on the twenty-sixth day of the month of
July of the year two thousand and eighteen.
BE PUBLISHED,
Salvador Sánchez Cerén
Republic President
Luz Estrella Rodríguez de Zúniga
Minister of Economy

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MISSION
Protect and effectively promote rights
consumers, facilitating the
consumer dispute resolution with high
quality standards, warmth and innovation,
bringing services to the population,
promoting knowledge and full exercise
of their consumer rights, strengthening the
market surveillance and strengthening action
joint National Protection System
to the Consumer, to contribute to a better
market operation and safety
legal in their consumer relationships.

VIEW
Be a reliable and accessible Institution,
recognized, respected and appreciated for its
effectiveness in the protection and promotion of
consumer rights to
contribute to the good life.

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VALUES
• Transparency
• Probity
• Impartiality
• Equity
• Solidarity
• Excellence in service
• Proactivity
• Team work
• Institutional identification
• Confidentiality

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