Bill 185.

Summary.

The bill would amend Article 56 of Law 45 of 2007. Establishments and sales channels would have to display clearly, accurately and visibly the total cash price of goods and services, including legally established national taxes and fees. Practices likely to confuse or mislead consumers about prices would be prohibited. A supplier could charge only the advertised or printed price unless it proves that the consumer altered it; where the supplier marked more than one price, the lowest would apply. Only credit financing costs and additional charges unrelated to the subject of the consumer transaction could be added. Tips would be voluntary, except where a prearranged service specifies a tip charge. A tip could be suggested if the invoice separately shows the total with taxes and fees and the total including the suggested tip.

For parking rentals, the same article would require a visible sign measuring four by eight feet, with reflective lettering at least twenty centimeters high, stating the price and conditions. Where the full period of use is charged, the sign would state that the premises do not offer customers free parking and would display the rates and conditions. For parking provided over a variable period, the bill would prohibit charging by fractions of time or rounding charges upward and would require pricing by the minute.

The amendment to Article 64 would govern special sales, regardless of their name. An establishment would display the lowest price at which it sold each item during the last three months and the new special price; both would have to be attached to the item. It would also state whether the sale covers all or only some of its goods or services. Suppliers could not present a total sale price that adds the amount of an offered discount. When purchasing one good or service makes another available at a lower price, both would carry the guarantees and obligations applicable to separate purchases.

The amendment to Article 71 would recognize a right of withdrawal for nonconsumable goods and services sold on credit, at a distance, or in person where a limitation at the place of sale prevented the consumer from testing or using the product. The consumer would have three (3) business days to exercise that right and would return the product through the same means and in the same condition, with its accessories, documents and original packaging. The consumer would bear return shipping costs and, for digital products, follow the company's return instructions. The bill lists exceptions covering certain services, goods exposed to financial market fluctuations, customized or rapidly perishable products, games of chance, perishable goods and personal clothing. The supplier would refund all sums paid in money, without deductions or withholding, within twenty (20) business days.

Article 4 identifies the amended provisions of Law 45 of 2007, as amended by Law 34 of 2016. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations within four months after promulgation in the Official Gazette. The proposed law would take effect one year after that promulgation. Its provisions concern the Executive Branch, suppliers and consumers of goods and services, retailers, parking operators and service providers.