Summary.
The bill proposes adding a right of withdrawal to consumer transactions. Its title refers to Law 45 of October 31, 2007; its operative articles add Articles 71-A and 71-B to Law 71 of 2007. Proposed Article 71-A would allow any consumer to withdraw unilaterally from a purchase of movable goods made within Panama, without giving a reason. The consumer would have three (3) business days from physical delivery of the goods to exercise that right. The provision concerns purchases and delivery of movable goods, subject to the exceptions listed separately in the bill.
After exercising the right of withdrawal, the consumer would have to return the goods in substantially the same condition in which they were received. The return would include essential accessories, packaging, and the corresponding documentation. The bill allows deterioration resulting from an ordinary inspection to check the goods’ nature, characteristics, and operation. The return obligation is therefore tied to the condition of the goods on receipt while allowing for that inspection before their return.
Upon receiving the returned goods, the supplier would have to refund the consumer the full amount paid. The proposed maximum period is ten (10) business days, measured from receipt of the goods. The refund would be made without charges or penalties. The article would also prevent suppliers from imposing mandatory credit notes or equivalent restrictions as a condition of reimbursement. These provisions set out what each party would do after withdrawal: the consumer would return the goods under the stated conditions, and the supplier would repay the full amount within the prescribed period.
Proposed Article 71-B defines the cases excluded from the right of withdrawal. They include goods made to the consumer’s particular specifications or clearly personalized; perishable goods or goods that expire quickly; and goods that, for hygiene or health reasons, cannot be returned once opened. Consumable goods whose use prevents their subsequent sale would also be excluded. For services, the exclusion covers those performed in whole or in part with the consumer’s express consent. Article 3 reiterates the addition of Articles 71-A and 71-B to Law 71 of October 31, 2007. Article 4 provides that the proposed law would take effect on the day after its publication in the Official Gazette (Gaceta Oficial).
The proposal concerns consumers and suppliers of movable goods, as well as providers of services covered by the stated exception. It also concerns trade in perishable, personalized, and consumable goods and goods subject to hygiene or health conditions. The National Assembly (Asamblea Nacional) is handling the bill, and the Official Gazette is the specified publication medium.
What it proposes.
- The right to withdraw from purchases of movable goods made within Panama.
- Conditions for returning goods and refunding amounts paid.
- Exceptions covering specified goods and services.
Who it would affect.
- Consumers who purchase movable goods within Panama.
- Suppliers of those goods.
- Providers of services performed in whole or in part with the consumer’s express consent.
Key points.
- A consumer could withdraw unilaterally from a purchase of movable goods made within Panama without giving a reason.Art. 1
- Withdrawal would have to be exercised within three (3) business days after physical delivery of the goods.Art. 1
- The consumer would return the goods with essential accessories, packaging, and documentation in substantially the condition in which they were received, allowing for deterioration from an ordinary inspection.Art. 1
- The supplier would refund all amounts paid within ten (10) business days after receiving the goods, without charges, penalties, mandatory credit notes, or equivalent restrictions.Art. 1
- Personalized goods, perishable goods, goods that expire quickly, certain goods opened despite hygiene or health concerns, and consumables whose use prevents resale would be excluded.Art. 2
- Services performed in whole or in part with the consumer’s express consent would also be excluded.Art. 2
- The bill reiterates the addition of Articles 71-A and 71-B to Law 71 of October 31, 2007, and provides for commencement on the day after publication in the Official Gazette.Arts. 3-4