The regulation allows consumers to withdraw within 10 days of receiving the product, without having to justify their decision.
Law No. 21,398, known as the “Pro-Consumer Law”, introduced important modifications, highlighting the strengthening of the right of withdrawal in distance purchases.
This law allows consumers to withdraw within 10 days of receiving the product, without having to justify their decision. It also imposes on suppliers the obligation to inform clearly and in advance of this right.
Recently, on August 27, 2024, the Ministry of Economy published the regulation that “regulates the form and conditions in which suppliers must communicate the exclusion of the right of withdrawal and the goods in which, exceptionally and due to their nature, such exclusion will be applicable”, specifying the applicable exceptions.
Objective and scope of the regulation
The new regulation establishes the necessary guidelines for suppliers to inform in a clear and timely manner about the situations in which consumers may not exercise their right of withdrawal.
Along with the above, it details the specific goods and services in which, due to their nature, this right is not applicable.
This regulation will apply to all contracts for the purchase of goods and contracting of services made by electronic means or at a distance, such as through catalogs or advertisements.
Exclusions to the Right of Withdrawal
In short, the regulation establishes that consumers may not exercise the right of withdrawal in the following cases:
- Goods that by their nature cannot be returned to their original condition: These are products that, due to installation or use, can no longer be marketed in the original condition offered. This includes, for example, household appliances that have already been installed or electronic devices that have been used beyond a simple inspection.
- Goods that may deteriorate or expire rapidly: Refers to products that, in a short period of time (10 days), may suffer alterations in their functionality, quality or value, making it impossible to return them in their original conditions. These goods generally require special storage conditions or have a limited shelf life. For example, fresh food that must be kept in cold chain, live plants, fresh flowers, or products such as magazines and newspapers.
- Goods made to the consumer’s specifications: These are products that have been customized or tailor-made to the consumer’s specific requirements. Because of this customization, they cannot be marketed to other consumers. For example, customized clothing, paints mixed according to customer specifications, prints of photographs or specific texts, optical glasses with customized prescriptions.
- Sealed goods for personal use or hygiene: These products, by their nature, are designed to be used by one person only and, once opened, cannot be returned without compromising the hygiene or safety of the consumer. For example, underwear, bathing suits, makeup, toothbrushes, soaps, and creams that have been unsealed.
Exclusion in the provision of services
With regard to contracts for the provision of services, managed electronically or remotely, the right of withdrawal may be exercised within 10 days following the contract and prior to the commencement of the provision of the service.
However, if the supplier has expressly and clearly informed about the exclusion of this right, and the service has started, the right of withdrawal shall not apply.
Obligation to communicate
Suppliers are obliged to communicate clearly and conspicuously the exclusions to the right of withdrawal before making payment or signing a contract. This information must be accessible and understandable to all consumers, including those with disabilities.
In addition, the term “right of withdrawal” must be expressly used to avoid any ambiguity.
Effective date
The regulation will enter into force six months after its publication in the Official Gazette, that is, on February 28, 2025, giving suppliers the necessary time to adjust their practices and ensure compliance with the new rules.
In conclusion, this new regulation represents an important step towards the protection of consumer rights in Chile. By ensuring that consumers are fully informed about their rights and limitations in purchasing and contracting services and thus promoting a fairer and more transparent market.
If you have any doubts regarding these recommendations or need support in the review of your processes, you can write to our Public Law and Regulated Markets group:
Antonio Rubilar | Partner | arubilar@az.cl
Gonzalo Bravo | Senior Associate | gbravo@az.cl
Constanza Delgado | Associate | cdelgadov@az.cl
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