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CONSUMERS

PRACTICAL GUIDE FOR CONSUMERS – FAQ


2. When may I file a claim?

If you have an incident with a purchase or while browsing the Internet, remember that we cover claims related to e-commerce, advertising, privacy, and protection of minors.

3. Who may I file a claim against?

You can do so against all adhered entities that have voluntarily accepted to undergo self-regulation and our procedures. However, those entities that are not adhered are not obligated to accept our protocol, by which we attempt to initiate proceedings. If they reject our mediation, you may go directly to the authorities on consumer affairs, which we will explain to you.

4. Is it possible to submit a complaint against an entity that does not have the Confianza Online seal?

Yes, it is possible if the entity is adhered. If not, and its headquarters is in Europe, we can send your claim to the European Consumer Centre so that they may process it. If its headquarters is not in Europe, we cannot help you.

5. What are the general requirements for filing a claim?

As our name suggests, our sphere of action is the Internet and other electronic remote communication media (text messages email, mobile phone, etc.). Your claim must be associated with ecommerce with consumers, digital advertising, or, still always related to the first two, data and minor protection. Moreover, the entity being filed against must have permanent establishment in Spain or, if established outside of Spain, be adhered to Confianza Online.

6. When can you not help me?

  • If the transaction occurred over the phone or in a physical store.
  • If the advertising you wish to file against appears in the press, leaflets, or on television or the radio.
  • If you are a company or freelancer and the transaction was made in to be included as part of your comercial, mercantile, economic, or accounting activity (in claims related to ecommerce).
  • If you made your purchase over one year ago (less when dealing with the realization of the warranty).
  • If you have already filed a claim for the same incidents before another competent athority (Court, Arbitration Jury, OMIC, Police, AEPD, SETSI, etc.).
  • If your claim refers to a transaction made with an entity not adhered and established outside of Spain.

7. What can I do in these cases?

If your purchase was not online, you are not the end consumer, or your purchase was made over one year ago, we can transfer your complaint to the entity claimed against so that they are informed about it or you can go to the OMIC nearest you. Note that this communication is not a mediation. If the entity claimed against is not adhered to Confianza Online but is established in the European Union, we can transfer your claim to the Europen Consumer Centre.

8. How can I file a claim?

For us to help you as quickly as possible, send us your claim using our online form. You can also download and fill out our form as a PDF and send it by email (tramitacion@confianzaonline.es), post (C/ Castelló 24, Esc.1 2o Izq, 28001 Madrid), or fax (91 402 83 39). We will get in contact with you once we have received your claim, providing you with your file number, which you will use throughout the proceedings and refer back to for any questions you may have.

9. What documents do I need?

We are always going to need:

  • Copy of current ID (DNI, NIF, NIE or Passport)
  • Mandatory contact information
  • Information of the company you are filing against (if it is adhered and you are filling out the online form, you may choose the name from the corresponding field; if not, you must fill out all of the fields)
  • Brief description of the incident and expected solution.

Any information you consider useful in resolving the claim (emails exchanged with the company, invoices, etc.), but always:

  • Copy of the online transaction/purchase, like the order confirmation with the buyer’s details (if you are filing a claim for an online purchase)
  • Copy of the advertising piece or commercial communication (if you are filing a claim for interactive advertising)

10. Do I have to pay to file a claim?

No, the processing is absolutely free, as those paying for the proceedings are the adhered entities.

11. How is my claim processed?

There are two procedures, depending on whether your claim is for an electronic purchase with a consumer or digital advertising.

12. What does the procedure for electronic commerce with consumers consist of?

If we can process your claim, we will begin a mediation process in which the company will explain the incident to us and propose a possible solution. It will only take 7 business days, in which time we will work towards an agreement between you and the company.

13. What does the procedure for digital advertising consist of?

If we can process your claim, it will be transferred to Autocontrol’s Secretariat. The company against which the complaint is being filed can then accept the content of the complaint or propose a solution in order to reach an agreement. In both of these cases, the claim will be resolved. Otherwise, Autocontrol’s Complaints Committee will issue a resolution that may or may not define an infraction in the advertising act. If the ad is declared inaccurate, the advertiser may be required to either terminate or correct the ad. In any case, neither the possibility of a refund nor compensation for damages or losses is to be anticipated.

14. What is to be done in the case of an agreement?

We will draft a text of the mediation agreement, which we will send to each party to be signed. Once the agreement is signed by all, it will be considered fully valid and compliance with it may be required. Moreover, because of our commitment to transparency we will publish the final Agreement our website, eliminating any personal information included in it as according to the LOPD.

15. What happens if an agreement is not reached?

If the business filed against is adhered to Confianza Online and you request it of us, we will transfer the complaint to the National Consumer Arbitration Council, competent authority according to Confianza Online’s proceeding rules. Said organs will issue an arbitral award that is binding for both parties. Moreover, because of our commitment to transparency we will publish the final Agreement our website, eliminating any personal information included in it as according to the LOPD. If the business filed against is not adhered to Confianza Online, only at your request, we can pass the claim on to the competent authorities nearest you.

16. Will you expel the adhered entity claimed against or retract the Seal from it?

No. The entities voluntarily adhered to Confianza Online sign an agreement to comply with the Ethical Code and to obey the Internet dispute resolution system. Also, these adhered entities express their commitment through the Confianza Online Trust Mark and allow their clients to go directly to Confianza Online if necessary. If removed, other users will not have the opportunity to resolve their complaint. Exclusion from Confianza Online or retraction of the Seal is considered part of the disciplinary system employed by the government body established by the Interior System of Statutes and Regulations of the Association.

1. What is Confianza Online?

We are a non-profit association created in 2003 by Autocontrol (the Association for the Self-Regulation of Commercial Communication) and adigital (the Spanish Association of Digital Economy) with the aim of boosting the trust of Internet users as they shop and browse.

2. What is the Confianza Online Trust Mark?

It is Confianza Online’s logo, and it guarantees that the company which displays it has made a serious commitment to good practices on the Internet.

3. What are the advantages of obtaining the Confianza Online Trust Mark?

Learn about the advantages of joining Confianza Online in this section.

4. What happens if I don’t pass the evaluation?

We will provide you with information about what you need to change in order to do so.

5. Who can apply for the Confianza Online Trust Mark?

All those physical and public or private entities which possess an institutional, corporate or commercial website. To receive it, you must be an adhered member of Confianza Online and comply with our Ethical Code. To adhere, you must have a registered name. If you wish to adhere several websites belonging to a business group, you must register each individual portal independently.

6. How does one apply for the Confianza Online Trust Mark?

Applying for the Confianza Online Trust Mark is very simple. You can learn about the process here.

7. What is the Public Badge of Online Trust?

It is one of our most important recognitions. It can be used by those promoters of codes of conduct who have been granted the right to use them and by those who provide services linked to these codes. The logo was sanctioned by Royal Decree 1163/2005 of 30th September and modified by the third final ruling of Royal Decree 231/2008 of 15th February.

The Public Badge is intended to serve as a guide to help consumers and users recognize seals and codes that offer guarantees and provide a high level of protection of their rights. More information here.

8. Can an entity that has the Confianza Online Trust Mark also use the Public Badge?

Of course. The image of Confianza Online´s own Seal combines the Confianza logo itself and the other the Public Badge

9. How long does it take to acquire Confianza Online’s Trust Mark?

The acquisition of Confianza Online´s Trust Mark is tied directly to the evaluation of the website requesting it. After this evaluation, a report is sent either with the positive results and the Seal or with the changes to be made so that the web may be in compliance with the rules of our Ethical Code. In 2014, the average time frame for delivery of the Seal was 12 calendar days.

10. What are the requirements for obtaining the Confianza Online Trust Mark?

The requirements are established in Confianza Online’s Ethical Code. You can download it here.

11. Will the Confianza Online Trust Mark increase the number of visits on my website?

Your browser positioning will improve thanks to the double redirection between Confianza Online’s website and those adhered sites. Our page rank is 7.

12. Is it possible to display Confianza Online´s Trust Mark along with badges and seals of guarantee from other organizations?

Yes. There are no restrictions with respect to other seals like recommendations by users, Symantec SSL, ISO, etc.

13. What does joining Confianza Online mean?

Adhered members voluntarily commit to respecting Confianza Online’s Ethical Code in all their Internet activities and to yield to any complaints made against them for infractions of the rules of the Ethical Code, through the extrajudicial dispute resolution system established for them. They have the right to display the Confianza Online Trust Mark on those websites which they own and included in their application.

14. Does joinging Confianza Online mean belonging to its partners?

No. By no means does it mean belonging to either of the two private associations that act as promoters, adigital and Autocontrol.

15. Does joining Confianza Online mean being part of the Consumer Arbitration System?

No. An entity will only yield to the National Consumer Arbitration Council or the Arbitration Council of the Community of Madrid in the case of complaints that refer to Confianza Online’s Ethical Code, which have not be resolved by adigital’s Mediation Committee.

 

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