The Municipal Consumer Information offices were created under Art. 51 of the Spanish Constitution, depend on the municipalities of each municipality and offer a nearby service in defense of the rights of the entire population. The OMIC of Calasparra was created in 1985 and its functions are:
OMIC FUNCTIONS
.. Information, help, guidance and advice on the rights and obligations of consumers.
.. Receipt of claims and complaints regarding consumption and transfer thereof to the competent administrative body for resolution.
.. Promote systems for voluntary resolution of claims between consumer and entrepreneur (mediation and conciliation)
.. Individual and collective education and training of consumers through dissemination campaigns, specific courses, actions and information in the media, consumer workshops with educational centers and with special protection groups.
.. In general, the attention, defense and protection of consumers, in accordance with the provisions of current legislation.
.. The OMIC of Calasparra serves as the headquarters for the Consumer Arbitration System of the Region of Murcia, bringing the arbitration service closer to the citizen, allows the parties to the conflict to appear before the Consumer Arbitration Board without leaving their municipality, through a videoconferencing system established between the Headquarters in Murcia and the Local Headquarters of Calasparra.
.. In the development of their functions, OMICS will promote and disseminate the Consumer Arbitration system, facilitating access to it for consumers and entrepreneurs, as well as campaigning for employers to join the Arbitration of Consumption.
It is also responsible for distributing Claims Sheets to Merchants, businessmen or professionals, who must have them available to the consumer in official establishments or domiciles.
Entrepreneurs, merchants or professionals should know that according to law 7/2017, of November 2, regarding the alternative resolution of consumer disputes; they must respond to the claims within a maximum period of one month from the presentation of the claim, and may be made directly to the claimant.
Failure to comply with said obligation will be considered a serious infraction in the area of defense of consumers and users, applying the provisions of the general sanctioning regime provided for in the consolidated text of the General Law for the Defense of Consumers and Users.
WHO CAN CLAIM?
The consumer or user, that is, any natural or legal person acting in a field outside a business or professional activity. For example, who buys a vehicle for their own use is a consumer and who uses a plane to go on vacation is a user.
If the products or services are acquired by people or companies to be incorporated into processes of production, transformation, marketing or provision of services to third parties, these people or companies are not legally considered as consumers. For example, the person or company that buys a vehicle to provide people transport service is not a consumer. And the company that uses an airplane to transport its goods is not a user.
You can claim any issue, which as a final consumer or user we have bought or used (housing, new-used vehicles, workshops, insurance, banks, transportation services electricity, gas, water, telephone, etc)
CANNOT CLAIM ON OMIC:
.. Purchases of products or services from private to private, because the seller is not professionally dedicated to it. They would have to go to court.
.. Issues that affect the neighbors of a Community. In any case, it will be informed based on the Horizontal Property Law
.. Against any Public Administration: Social Security, Labor, Finance, etc. In this case you should contact the corresponding Administration.
.. There is no claim in cases of poisoning, injury, death or when there are reasonable indications of crime.
HOW CAN YOU CLAIM?
.. File the claim in person at the OMIC, by the City Council, Autonomous Community or State Registry and in all those registry offices that establish the provisions in force, in accordance with Law 30/1992, of November 26.
.. If you go to OMIC, before making the claim you will be informed and advised.
.. It must be accredited with your name and surname, D.N.I, address and contact telephone number, email.
.. You must also clearly identify the establishment, company, or professional against which you claim with your name, address, company CIF, telephone, etc.
.. Briefly detail the causes of the claim and above all, do not forget to specify what you are requesting (money back, product exchange, breakdown arrangement, etc).
.. Finally accompany your claim with all the documents you have (invoices, contracts, receipts, etc). They are very important for the claim to thrive.
—- Here you could link to the electronic headquarters to access the claim model
¿QUÉ ES LA JUNTA ARBITRAL DE CONSUMO?
The Board or Consumer Arbitration System is the instrument that Public Administrations make available to citizens to effectively resolve conflicts and claims that arise in consumer relations.
The Law defines the Consumer Arbitration System as the extrajudicial conflict resolution system between consumers and users and businessmen or professionals through which, without special formalities and with binding and executive character for both parties, Claims of consumers and users are resolved.
It may not be subject to consumer arbitration when poisoning, injury or death occurs or there are rational indications of crime.
Through the Consumer Arbitration System, the parties voluntarily entrust an arbitration body, which acts impartially, independently and confidentially, to decide on the dispute or conflict between them. This decision, binding on both parties, has the same effectiveness as a Judgment.
In short, the Consumer Arbitration System allows both parties to resolve disputes effectively, quickly and free of charge and without having to go to the Courts of Justice.
WHAT ARE THE RIGHTS OF CONSUMERS?
1st RIGHT TO PROTECTION AGAINST RISKS THAT MAY AFFECT YOUR HEALTH AND SAFETY.
2º TO THE PROTECTION OF ECONOMIC AND SOCIAL INTERESTS
.. Existence of claims sheet or alternative resolution mechanism for consumer litigation.
.. Right to knowledge of prices sold to the public.
.. Rights to a previous budget: written, broken down, prior, with an exact validity delay, free of charge, with exceptions.
.. Right to accuracy in weight and measure of products sold to the public.
.. Right to the invoice or copy of the contract.
.. Right to delivery of deposit receipt
.. Right to guarantee, minimum 2 years.
.. Right to notice before the cut of the supply of basic services (electricity, gas, water, etc)
.. Right to non-abusive clauses in adhesion contracts (insurance, banks …, services)
.. The prohibition of illegal advertising.
.. The elimination of special methods of sale that limit the freedom of choice of the consumer and user
3rd RIGHT TO COMPENSATION FOR DAMAGES AND INJURIES.
4th RIGHT TO PARTICIPATION, CONSULTATION AND REPRESENTATION, THROUGH CONSUMER AND USER ASSOCIATIONS.
5th RIGHT TO INFORMATION.
6th RIGHT TO EDUCATION AND TRAINING
CONSUMER TRAINING
One of the most important functions developed by OMIC, is the education and training of consumers in terms of consumption, there are many activities that we have developed throughout all these years.
.. March 15: Celebration of World Consumer Rights Day (workshops, workshops, exhibitions, competitions, children’s theater …)
..Consumption of consumption, aimed at adults, of different topics: Housing, Banks, insurance, Liquefied gas and reviews, Electricity, Sales outside commercial establishment, internet, etc.
.. Consumer workshops with primary and secondary schools: Food and shopping, Healthy breakfast, Advertising and media, Play and toy, Leisure and free time, Consumer recycling, etc.
.. Information campaigns: Christmas shopping, January sales, Summer campaign tips, etc.
.. Information programs, various consumer topics in the media, local radio, and local television, Regional press.
.. Adhesion campaigns of companies to the Consumer Arbitration Board, price campaign in retail stores and weekly market.
CONSUMER RULES
State
.. Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In a single text, Law 26/1984, of July 19, General for the Defense of Consumers and Users and the rules for transposition of community directives that indicate the aspects regulated therein, are consolidated.
.. Correction of errors of the Royal Legislative Decree 1/2007, of November 16.
.. Law 23/2003, of July 10 on guarantees in the sale of consumer goods
Regional
.. Law 1/2008, of April 21, which modifies Law 4/1996, of June 14 of the Statute of Consumers and Users of the Region of Murcia.
.. Law 4/1996, of June 14, on the Statute of Consumers and Users of the Region of Murcia.
.. Decree 39/2004, of April 23, which regulates the right to information of consumers in the sale of used vehicles.
.. Agreement of October 28, 2003, which approves the “Model contract for the sale of used vehicles”
.. Agreement of April 18, 2002, approving model contract for celebrations and banquets
More information. MUNICIPAL OFFICE OF CONSUMER INFORMATION (OMIC)
