CODE OF PROTECTION AND DEFENSE OF THE CONSUMER

LAW 29571

PRELIMINARY TITLE

Article I. - Content

This Code establishes the standards for the protection and defense of the consumer, instituted as a guiding principle of the economic and social policy of the State the protection of the rights of consumers, within the framework of article 65 of the Political Constitution of Peru and in a regime of social market economy, established in Chapter I of Title III, Of the Economic system, of the Political Constitution of Peru.

Article II.- Purpose

This Code is intended that consumers have access to relevant products and services and enjoy the rights and the effective mechanisms for their protection, reducing the information asymmetry, correcting, preventing or eliminating the behaviors and practices that affect their legitimate interests. In the regime of a social market economy, established by the Constitution, the protection is interpreted in the sense most favourable to the consumer, according to the established in the present Code.

Article III.- Scope of application

1. This Code protects the consumer, is directly or indirectly exposed to or understood by a relationship of consumption or on a stage preliminary to this.

2. The provisions of this Code apply to the relations of consumption that are held in the national territory or when its effects are produced in it.

3. They are also referred to in this Code the operations, free of charge when you have a commercial purpose, aimed to motivate or encourage the consumption.

Article IV.- Definitions

For the purposes of this Code, the term:

1. Consumers or users

1.1 Natural persons or legal entities that acquire, use or enjoy as final recipients of services or products, material and immaterial, for the benefit of yourself or your family or social group, thus acting in a field outside a business or professional activity. Not considered to be a consumer for the purposes of this Code who acquires, uses, or enjoys a product or service that is intended for the purposes of its activity as a provider.

1.2 The micro-entrepreneurs to provide a situation of information asymmetry with the provider of those products or services that are not part of the own rotation of the business.

1.3 In case of doubt over the final destination of a given product or service, we qualify as a consumer who acquires, uses or enjoys.

2. Providers.- The natural or legal persons, public or private law, which routinely manufactured, processed, handled, packaged, mix, pack, store, prepare, dispense, deliver products or render services of any nature to consumers. But not limited to are considered suppliers:

1. Distributors or dealers.- Natural persons or legal entities who sell or provide another way wholesale, retail, products, or services intended finally to consumers, even when it does not develop in establishments open to the public.

2. Producers or manufacturers.- The natural or legal persons who produce, extract, industrialize, or transform intermediate goods or final supply to the consumers.

3. Importers.- Natural persons or legal entities that import products for sale or supply in another way in the national territory.

4. Providers.- Natural persons or legal entities that provide services to consumers.

3. Product.- Is any movable or immovable, tangible or intangible, national origin, or not.

4. Service.- It is any activity of provision of services offered on the market, including the nature of banking, finance, credit, insurance, pension and service technicians and professionals. Are not included in the services provided by the people under a relationship of dependency.

5. Relationship of consumption.- It is the ratio by which a consumer buys a product or hire a service with a provider in exchange for economic compensation. This is without prejudice to the cases referred to in article III.

6. Consumer associations.- Are organizations that are in accordance with the rules laid down for that purpose in the Civil Code. Its purpose is to protect, defend, inform and represent consumers and users, may apply to the competent authorities claims and allegations in the name of their partner and people that have given power to their favor, as well as in defense of diffuse interests or groups of consumers, subject to the provisions of this Code.

7. Information asymmetry.- Feature of the business transaction by which one of the agents, the provider, usually have more and better information on the products and services offered on the market to consumers.

8. Certain regularity.- It is considered normal that activity that is performed in a common way, and repeated in such a way that it can be presumed that develops to continue in the market. This concept is not tied to a predetermined number of transactions that need to be carried out. The activities of sale of goods or the contracting of services which are carried out in open premises are considered normal for that simple fact.

Article V. - Principles

This Code is subject to the following principles:

1. Principle of Consumer Sovereignty.- The consumer protection regulations encourage the free decisions and informed consumers, so that your decisions will guide the market in the improvement of the condition of the products or services offered.

2. Principle Pro-Consumer.- In any field of its action, the State exercises an action tuitiva on behalf of the consumers. In the projection of this principle in case of doubt insurmountable in the sense of the rules or where there is a doubt in the scope of the contracts by adherence and concluded on the basis of clauses and conditions of the contract, must be interpreted in the sense most favourable to the consumer.

3. Principle of Transparency.- In the action in the market, providers generate a full access to the information to the consumers about the products or services they offer. The information provided must be true and appropriate in accordance with this Code.

4. Principle of Correction of the Asymmetry.- The consumer protection regulations seek to correct the distortions or bad practices generated by the information asymmetry or imbalance that is present between the suppliers and consumers, either in the contract or in any other situation relevant, placing the latter at a disadvantage in respect of the first at the time of the act in the market.

5. Principle of Good Faith.- In the action in the market and in the sphere of validity of the present Code, consumers, providers, associations of consumers, and their representatives, should guide your conduct in accordance with the principle of good faith, trust and loyalty between the parties. To evaluate the consumer behavior discusses the relevant circumstances of the case, as the information provided, the characteristics of the recruitment and other elements of the particular.

6. Principle of Minimum Protection.- This Code contains the rules for minimum protection to consumers and does not prevent the sector-specific rules are able to provide a higher level of protection.

7. Principle Pro-Associative.- The State facilitates the performance of groups of consumers or users in a framework of responsible action and subject to the provisions of this Code.

8. Principle of the Primacy of Reality.- In the determination of the true nature of the behaviors, we consider the situations and economic relations that effectively made, pursuing or establishing. The form of legal acts used in the ratio of consumption does not excites the analysis that the authority made about the true purposes of the conduct underlying the legal act that expresses it.

Article VI.- Public policy

1. The State protects the health and safety of consumers through an appropriate regulations and up-to-date, encouraging the participation of all stakeholders, public or private. To that effect, promotes the establishment of regulatory standards for the production and marketing of products and services and monitors their compliance through the competent bodies.

2. The State guarantees the right to information of consumers by promoting the public sector in question and the private sector to provide more and better spaces and instruments of information to consumers in order to make more transparent the market; and to ensure that the information is truthful and appropriate for the consumers to make consumer decisions in accordance with their expectations.

3. The State directs its actions to defend the interests of consumers against those practices that affect their legitimate interests, and that in his prejudice distort the market; and finds that they have an active role in the development of the market, asking questions, comparing and rewarded with his election to the supplier fair and honest, asserting their rights directly to the provider or to the relevant entities.

4. The State recognizes the vulnerability of consumers in the market and in consumer relations, directing their work for the protection and defense of the consumer, with special emphasis on those who are more likely to be victims of practices that violated their rights by their special conditions, as in the case of pregnant women, children, older adults, and people with disabilities as well as consumers of rural areas or of extreme poverty.

5. The State programme of education and training for consumers to know their rights and are able to discern about the effects of their choices of consumption, must be this part of the school curriculum. For this purpose, and provides advice to the consumer, and empowers teachers, implementing the systems that are needed. You can also make agreements with public or private institutions in order to coordinate activities to promote the development of the rights of consumers.

6. The State guarantees mechanisms effective and expeditious for the solution of conflicts between suppliers and consumers. To that effect, promotes the providers to attend to and resolved directly and quickly to the demands of the consumers, the use of alternative dispute resolution such as mediation, conciliation and arbitration of voluntary consumption, and systems of self-regulation; it also ensures the access to administrative and judicial procedures agile, rapid and effective for the resolution of conflicts and damage repair. Also, it facilitates the access to the actions by interest groups and diffuse.

7. The State, promotes citizen participation and the organization of consumers in the protection and defense of their rights. In this sense, stimulates the work of the associations of consumers, so that they contribute to the better functioning and to the establishment of balanced relations of consumption.

8. The State seeks and promotes a culture of consumer protection and behavior in line with the good faith of providers, consumers, consumer associations, their representatives, and the protective role of the public authorities, to ensure respect for and full exercise of the rights recognized in the present Code, with the emphasis on access to education, the disclosure of consumer rights and the measures in defence of the consumer.

9. The State promotes the consumption-free and sustainable products and services, through the incentive of the use of the best marketing practices and the adequacy of the legislation that favors its design, production and distribution, subject to the compliance with environmental regulations.

10. The State promotes the quality of the production of goods and the provision of services so that they are suitable and competitive. With this purpose, promotes and supports the development of standardization, so as to obtain the best standards for the benefit and well-being of the consumer.

11. The State directs its actions for the protection of the consumer is a cross-cutting policy that involves all public powers, as well as to the society, and have a national coverage that insures every person the access to the mechanisms of protection of their rights, in the framework of the Integrated National System of Consumer Protection.

12. In the field of health products, the State promotes universal access to health products such as public policy, comprehensive care of the public health, with special incidence in the populations economically disadvantaged. Dictates and adopts measures to ensure access to medicines and medical devices is essential.

TITLE I

RIGHTS OF CONSUMERS AND RELATIONSHIP CONSUMER-PROVIDER

Chapter I

Rights of consumers

Article 1.- Rights of consumers

1.1 In the terms established by the present Code, the consumers have the following rights:

to. The right to effective protection in respect of the products and services that, under normal or foreseeable, representing a risk or danger to the life, health and physical integrity.

b. Right of access to information timely, adequate, accurate and easily accessible, relevant to make a decision or make a choice of consumption that fit their interests, as well as to make a use or adequate consumption of products or services.

c. The right to the protection of their economic interests, and in particular against unfair terms, trading methods coercive, speculation or hoarding in a situation of emergency duly declared or any other similar offence, and information as a means of marketing equivocal about the products or services.

d. The right to fair and just treatment in every business transaction and not to be discriminated against on grounds of origin, race, sex, language, religion, opinion, economic status, or of any other nature.

e. Right to repair or replacement of the product, a new implementation of the service, or in the cases provided for in this Code, the return of the amount paid, depending on the circumstances.

f. The right to freely choose between products and services are suitable and quality, according to the relevant regulations, which are offered on the market, and to be informed by the provider on that account.

g. To the protection of their rights through effective procedures, ravenous, or agile, with formalities to a minimum, free or not expensive, as the case may be, to the attention of their claims or allegations, to the competent authorities.

h. The right to be listened to individually or collectively to defend their interests through public or private entities of defense of the consumer, using the means that the legal system allows it.

i. The right to reparation and compensation for damages under the provisions of this Code and the rules of civil about the matter.

j. The right to associate in order to protect their rights and interests in a collective manner in the framework of the relations of consumption.

k. Right to advance payment or prepayment of the balances on any credit transaction, in whole or in part, with the consequent reduction of the compensatory interest generated on the day of payment and settlement of commissions and expenses arising from the contractual terms agreed between the parties, without which they are applicable, penalties of any kind or collection of nature or similar effect.

l. The right to have an option or alternative personal care when the provider to offer to the public any of the system-of-care automated assisted by artificial intelligence or digital assistant.

1.2 The enumeration of the rights set forth does not exclude others that this Code guarantees nor recognized in special laws.

1.3 Is void waiver of the rights recognized by this standard, to be null and void any agreement to the contrary.

Chapter II

Information to consumers

Subchapter I

General information

Article 2.- Relevant information

2.1 The provider has the obligation to provide the consumer with all relevant information to make a decision or perform an appropriate choice of consumption, as well as to make a use or adequate consumption of products or services.

2.2 The information should be accurate, sufficient, easy to understand, appropriate, timely, and easily accessible, and should be provided in the Spanish language.

2.3 Without prejudice to the specific requirements of the industry standards corresponding to analyze the relevant information is taken into consideration to all that without which it would not have taken the decision of consumption or it had been made on terms substantially different. To do this we must examine if the missing information denatures the conditions in which they made the offer to the consumer.

2.4 The evaluated information, should be considered the problems of confusion that would be generated by the consumer for the supply of information, excessive or extremely complex, given the nature of the product purchased or the contracted service.

Article 3.- Prohibition of false information or mislead the consumer

It is prohibited any information or presentation or omission of information which misleads the consumer into error in regard to the nature, origin, mode of manufacture, components, uses, volume, weight, measurements, prices, forms of employment, characteristics, properties, suitability, quality, quantity or any other data of the products or services offered.

Article 3-A. - Prohibition of hoarding or speculate in emergency situation

It is prohibited any act of hoarding or speculation of goods or services declared essential in a situation of shock, calamity or emergency at the time and the geographical area as well has been declared by the Executive Power by means of supreme decree, being economic crimes penalized in articles 233 and 234 of the Criminal Code, approved by Legislative Decree 635.

Article 4.- Information on the integrity of the price

4.1 When the provider to display prices for products or services or write in their price lists, labels, signs, labels, containers or other, you must indicate in a prominent place the total price thereof, which shall include the taxes, fees and charges apply.

4.2 Consumers cannot be forced to the payment of amounts or surcharges to the price limit, except in the case of services, additional or different such as transport, installation or the like whose remuneration is not included in the price.

This possibility should be informed, prior, adequate, and timely to the consumer, including the price for the additional charges that may be determinable by the vendor and accepted expressly by the consumer. The burden of proving this corresponds to the provider.

Article 5.- Display of prices or price lists

5.1 Commercial establishments are required to record in a manner that is easily discernible to the consumer prices of the products in the spaces intended for their display. Also, must have a price list of easy access to consumers. In the case of the stores, a large amount of products or services, these lists can be supplemented by terminals, computer properly organized and easy to use for consumers.

5.2 For the case of pharmaceutical products, medical devices and health products, the pharmaceutical establishments must make available to the consumer the listing prices of these products. The relationship of prices of pharmaceutical products is sorted alphabetically, according to their International nonproprietary Name (INN).

5.3 The stores, food and beverage and accommodation services and catering are forced to drop their price lists on the outside, accessible and visible to the query of the consumer. In these services is prohibited the payment of additional amounts for any type of concept or surcharge way to separate the final price, with the exception of the charge to the consumer by the service concept of workers provided for in special rule, in which case it should be reported to the consumer in a timely manner, accessible and visible.

Article 6.- Information of the prices in national currency and foreign

6.1 In the event that the prices of the products or services are broadcast or advertised in foreign currency, the same are consigned also in national currency, character and under equal conditions, and with the indication of the type of change is accepted for payment. This standard does not apply to those providers that offer directly to the public products and services from and to the exterior.

6.2 If the price is advertised in a foreign currency, the supplier is obliged to accept payment in this currency or its equivalent price in the national currency at the option of the consumer.

6.3 In these cases, it should be located in conspicuous places in the local, posters, notices, or similar, with information on the type of change is accepted for payment.

Article 7.- Means of payment

7.1 In the case of the vendor to differentiate the price of the product or service based on the means of payment, such as credit cards or other, such information should be brought to the attention of the consumer, prominently, in a visible and accessible in-house or commercial establishment, through posters, advertisements or other similar. In the event of default by the supplier, the consumer may not be required to pay additional amounts, and must be respected in the price fixed for the product or service.

7.2 In the case of deals, promotions, rebates or discounts, the consumer can use either any means of payment, unless the contractor to put in your knowledge, prior to and outstanding, conditions, restrictions and way of payment.

Article 8.- Information about manufactured products

All information on product manufacturing national provided to consumers must be made in understandable terms, in English language and in accordance with the Legal System of Units of Measurement. In the case of manufacturing products foreign, should be provided in the Spanish language-related information, ingredients, components, conditions, warranties, manuals, warnings, and foreseeable risks, as well as the care to be taken in case of damage.

Article 9.- Information about the limitations in the supply of parts and accessories

In the case of the production, manufacture, assemble, import, distribution or marketing of products in respect of which do not provide the timely delivery of parts and accessories, or repair and maintenance services or that such supplies or services are provided with limitations, providers should report the circumstances of a clear and unambiguous way to the consumer. Not to provide this information, are required and are responsible for the timely supply of parts and accessories, repair services and maintenance of the goods they produce, manufacture, assemble, import, or distribute, during the period in which the marketed on the national market and, subsequently, during a reasonable period depending on the durability of the products.

The responsibility of testing the communication prior to the configuration of the relationship of consumption on the limitations in the supply of parts and accessories, is the supplier.

The fulfillment of the obligation to inform the expense of the supplier should not imply an involvement of their rights protected under the rules of industrial property.

Article 10.- Information about the packed products

10.1 Without prejudice to what is stated in the article 2, the packaged products offered to the consumer must be visibly and legibly the information set out in the sector-specific regulation of labeled accordingly. In the case of products intended for feeding and the health of the people, this obligation extends to report on their ingredients and components.

10.2 It is the competence of the Indecopi overseeing the implementation of articles 8 and 10, as well as to punish infractions, only if the product is available to the consumer or ready for distribution at the end points of sale, without prejudice to the sectoral competence that apply to you. Your competition is not restricted to the lists of products that could contemplate industry standards labeling, resulting applicable requirements laid down in this standard, all products intended for consumers.

Article 11.- Information about products not original or with defects

When it is sold to the public products with any deficiency or defect, used, rebuilt, or remanufactured, you must learn well this fact to the consumer, through direct mechanisms of information, making it noted interchangeably in the items themselves, labels, wrappers or packaging, and in the proof of the corresponding payment, it is your responsibility to provide proof of compliance with this obligation. The breach of this requirement is considered contrary to good faith and in the behavior demanded from the provider.

Subchapter II

Protection of the consumer facing advertising

Article 12.- Legal framework

The commercial advertising of products and services is governed by the rules contained in the Legislative Decree no. 1044, Law on the Repression of Unfair Competition, or for those rules that replace and / or modified, and by the specific rules of this subchapter and the advertising of certain products and services contained in the present Code.

Article 13.- Purpose

The protection of the consumer against the advertising purpose is to protect consumers of information asymmetry in which they are located and advertising misleading or false in any way, including the filing or, where appropriate, by omission of relevant information, induce or may induce them to error on the origin, nature, method of manufacture or distribution, characteristics, fitness for purpose, quantity, quality, price, terms of sale or purchase and, in general, on the attributes, benefits, limitations or conditions that correspond to the products, services, businesses or transactions to which the economic agent that develops such acts are available on the market; or that misleads about the attributes that owns the agent, including all that represents your business.

Also, taking into account the impact that advertising can generate in social behaviour, the protection of the consumer against the advertising aims for ads do not affect the principle of social adequacy, preventing induce to commit unlawful acts, or antisocial, or discrimination, or others of a similar nature.

Article 14.- Advertising promotions

14.1 Advertising sales promotions should be entered, in each of the ads the make up, the clear indication of its duration and the minimum number of units available of products offered. In the opposite case, the supplier is obliged to provide to consumers who request products or services offered, on the terms indicated. Corresponds to the provider to prove to the authorities in the fulfilment of the number and quality of the products offered and sold in the promotion.

14.2 When there are conditions and restrictions of access to promotions, sales, these must be disclosed in a clear, prominent, and easily advertible by the consumer in each of the ads that advertise, or a source of different information, provided that in each of the ads to report clearly and explicitly about the existence of such restrictions, as well as the references of the location of this source of information.

14.3 The source of the information indicated in the previous paragraph should be a free service for easy access to consumers and appropriate in connection with the product or service, and the public to which they are directed the ad, which will allow them to learn, promptly and enough about the conditions and restrictions applicable to the promotion announced. Such information can be provided through the websites or services, call the consumer at no cost, among other means.

14.4 The additional information not contained in the ads and made available through a source of different information must be consistent and not contradictory with the advertising message. The burden of proof as to the suitability of such service and of the information provided by this responsibility of the advertiser.

Article 15.- Sweepstakes, barter or contests

In the case of sweepstakes, barter or contests is done in accordance with the Rules of Trade Promotions and Raffles for Social Purposes, approved by Supreme Decree no. 006-2000-IN, or the standards that it replaced.

Article 16.- Advertising directed at minors

Advertising directed at minors should not induce them to conclusions misleading about the actual characteristics of the products advertised or about the possibilities of the same, respecting the ingenuity, credulity, inexperience, and the sense of loyalty of the children. In addition, this advertising should not generate feelings of inferiority to a child who does not consume the product offered.

Article 17.- Competition

The Oversight Commission of the Unfair Competition of the Indecopi is the authority in the form of the exclusive and exclusionary to know in the first instance, the verification of the compliance of the rules governing advertising on consumer protection. Without prejudice to the foregoing, the damages concrete and specific to the rights of consumers as a result of a commercial advertising constitute violations of this Code and are within the jurisdiction of the Committee on Consumer Protection of the Indecopi.

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Chapter III

Suitability of the products and services

Article 18.- Suitability

It is understood by fitness the correspondence between what a consumer expects and what it receives, according to what he had been offered, advertising, and transmitted information, the conditions and circumstances of the transaction, the characteristics and nature of the product or service, the price, among other factors, according to the circumstances of the case.

Suitability is assessed according to the nature of the product or service and its ability to meet the purpose for which it has been put on the market.

The authorizations on the part of the agencies of the State for the manufacture of a product or the provision of a service, in the necessary cases, do not exempt from liability to the vendor in front of the consumer.

Article 19.- Obligation of the suppliers

The supplier shall be liable for the suitability and quality of the products and services offered; for the authenticity of brands and legends display their products or of the sign that supports the service provider, due to the lack of conformity between the commercial advertising of products and services, and these, as well as by the content and the useful life of the product indicated on the container, as appropriate.

Article 20.- Warranties

to. To determine the suitability of a product or service, you must compare the same with the warranties that the provider is providing to you and to which you are bound. The guarantees are the characteristics, conditions, or terms, that the product or service.

Warranties may be legal, express or implied:

b. A warranty is legal when, by mandate of the law or of the regulations in force do not allow the marketing of a product or the provision of a service without complying with the abovementioned warranty. You can not agree to the contrary in respect of a legal guarantee and the same is understood to be included in the contracts of consumption and not point out specifically. A legal guarantee can not be displaced by a warranty, explicit or an implicit one.

c. A warranty is express when it is derived from the terms and conditions expressly offered by the supplier to the consumer in the contract, in the product labeling, in advertising, on the proof of payment or any other means by which to test specifically offered to the consumer. An express warranty can not be displaced by an implied warranty.

d. A warranty is implied when, amid the silence of the provider or of the contract, it is understood that the product or service to comply with the purposes and uses predictable for those who have been purchased by the consumer, considering, among other things, the uses and customs of the market.

Article 21.- Protection of consumer expectations

21.1 In the absence of express warranty, implied warranty linked to the provider.

21.2 To determine which features and characteristics are incorporated into the terms and conditions of an operation in the case of silence of the parties or in case there is no other evidence which will demonstrate what it is that the parties agreed to it really, it goes to the customs and commercial uses, to the circumstances surrounding the acquisition, and other elements that are considered relevant.

In the not anticipated, it is considered that the parties agreed that the product or service is suitable for the purposes of ordinary for which they are usually acquired or contracted, according to the provisions of article 18.

21.3 The proof of the existence of a condition other than the normally expected, given the circumstances, it is for the benefit of such condition in the relationship of consumption.

Article 22.- Guarantee of use or functioning

The provider containing the legend “guaranteed” in the different forms of presentation of a product you should inform your scope, duration, and conditions, as well as the individualization of the people that extend and the institutions in which it can be effective.

The indication of exclusions, or limitations on the granting of a security interest may not lead to limitations that are not justified or that the desnaturalicen.

The duration of the repairs carried out under warranty is not computable within the same. In the case of replacement of the product, you must renew the term of the warranty.

Article 23.- Repair services

23.1 The provider of repair services is obliged to provide the service diligently, and in the event that it is necessary the replacement of components, to employ components or spare parts new and appropriate to the product concerned, unless, in respect of the latter, the consumer expressly authorized in writing otherwise.

The provider of repair services is obliged to leave a written record of the condition of the product when you receive it in repair, indicating the visible defect or other found in the product, as well as their status at the time of its return to the consumer. The consumer may stop in the document any observations or comments that you consider relevant in respect of the above. The service provider must provide a copy of such records to the consumer.

23.2 When a product subject to repair defects associated with the service performed, and these are due to those who provided the service, the consumer has the right, within thirty (30) days from the receipt of the product, to repair it again at no additional cost.

23.3 When deficiency of the service that gives the lender, the product object of repair, cleaning, maintenance, or other similar loses or suffers impairment, deterioration or changes that decrease its value or total or partially unsuitable for the normal use for which it is intended or to become dangerous, the service provider must compensate the consumer for the damages caused.

23.4 The breach of the obligation referred to in paragraph 23.1 gives rise to the obligation of the service provider replace, at no charge, components or parts of that question.

Article 24.- Care service claims

24.1 Without prejudice to the right of the consumer to start the action corresponding to the competent authorities, providers are required to meet the claims submitted by their customers and respond to them within a period of not more than fifteen (15) working days, subject to extension.

24.2 In the event that the supplier has a line-of-care claims or any means, electronic or similar for this purpose, you must make sure that the care is timely and that it does not become an obstacle to the claim to the company.

24.3 May not be made conditional to the attention of complaints of consumers or users to the prior payment of the product or service subject matter of such claim or of the amount that would have been motivated to do so, or that of any other payment.

Chapter IV

Health and safety of consumers

Subchapter I

The protection of the health and safety of consumers

Article 25.- General duty safety

The products or services offered on the market should not result in normal conditions of use or foreseeable, unreasonable risk or not advised for the health or safety of consumers or their property.

Article 26.- Measures of the suppliers against the risks referred to

In the event that, by nature, or components of the product or service that is marketed, the risk is foreseeable to the supplier, the supplier should take the necessary measures for its proper preservation, handling, and transportation, warning the consumer of such a risk, as well as the correct mode of use of the product or the provision of the service, and the actions to take in case of damage. The actions the provider should not increase the risk foreseeable.

Article 27.- Information of products or hazardous substances

The commercialization of chemical products and of all those who in their composition lead substances or dangerous elements must be carried out in compliance with the industry standards relevant, using containers that ensure the health and safety of consumers, stating in a visible and prominent signs on their use and the warnings about its handling.

Article 28.- Measures of the suppliers to eliminate or reduce hazards not provided

In case of be placed products or services in the market, and subsequently to detect the existence of risks not previously unexpected or unpredictable, the supplier is obliged to take reasonable measures to eliminate or reduce the danger in the immediate term; among them, notify the competent authorities of this circumstance, withdraw products or services, arrange for its replacement or repair, and inform consumers, as soon as, the warnings of the case. The test of the measures taken corresponds to the provider.

In the case of foreseeable risks prior to their introduction in the market, the responsibility for the adoption of the above measures is without prejudice to administrative responsibility.

Article 29.- Criteria applicable to the information and warning about the risk and the hazard

The warning of the risks, dangers and hazards that would normally have certain products or services, or the risks and hazards are not predictable or unpredictable that are detected after the product placement, or the provision of services in the market, it must be done in compliance with the following criteria:

to. The warning should be disseminated with due haste. We need to disseminate the warnings in a reasonable period of time in accordance with the severity of the risk or danger involved. In the case of a serious damage to the life or health of consumers, the warnings should be disseminated immediately, just there is evidence to suppose the existence of the danger.

b. You must use a header and / or warning signal appropriate to the risk, or danger warns. The title by which it is intended to draw the attention of the consumer must be suitable for that, without unnecessarily alarmed, call attention enough with respect to the magnitude of the risk to the segment of the affected population, and enables stakeholders to identify the importance of the warning for this.

c. The size and frequency of the warning must be adequate. The dimensions of the warning and the frequency with which it is made, in the case that the warning is made by the media, you should allow it to reach to the consumers affected or potentially affected.

d. You must specify the nature of the risk or danger, warning, noting if this risk affects the life or health of the consumer, his or her property or the loss or impairment of the product purchased.

e. You should use a language that is accessible and understandable by a consumer acting with ordinary care under the circumstances of the case. You should, therefore, ruled out the use of language overly technical or scientific, to be used, on the contrary, terms that allow the consumer to understand what are the risks or dangers that warn him.

f. It should describe the level of certainty surrounding the risk or danger to be expected. If the risk is only potential or do not have absolute certainty of the same, this should be specified in the notice or warning, and may in such cases be used in conditional expressions. On the contrary, if it is a risk true and accurate, you must use a language that suggests it to the consumer.

g. Should be explained the measures taken to prevent the risk or injury or to mitigate effects that may occur. The warning should, if possible, point out how to correct these problems in a clear and simple way.

h. You must include a source of alternative information, which is free and easy to access for consumers, with the aim of be able to count with more information on the warnings of the risks and hazards of the product, indicating the toll-free number or contact your location. Such information must be communicated immediately to the Indecopi.

Subchapter II

Protection of the consumers in the food

Article 30.- Food safety

Consumers have the right to consume safe food. The providers are responsible for the safety of the food they offer in the market, in accordance with the health legislation.

 

Article 31.- Quality of food

Providers who claim to any aspect of quality of their products, either through the use of phrases, expressions or images, they must be able to prove it, in accordance with the provisions of this Code and the current legislation.

For the purposes of the application of this article, it is understood that quality to the set of characteristics of a product that confers the ability to meet the needs identified and the implied.

Article 32.- Labeling and name of the food

Food labelling is governed in accordance with the relevant legislation or in default thereof, to what is established in the Codex Alimentarius.

The food must be labelled prominently the name that reflects their true nature, without causing confusion or deception of the consumer.

The health claims need to be substantiated in accordance with the relevant legislation or in default thereof, to what is established in the Codex Alimentarius.

Article 33.- Modified foods

Foods modified by subtraction, substitution, or addition of ingredients, can only use the name of the original products where permitted by the relevant legislation or in default thereof, the Codex Alimentarius.

Article 34.- Additional information

In all cases in which the supplier to provide additional information through internet sites, or other forms of dissemination, the same must be clear, understandable, accurate and easily accessible, observing the provisions of this Code and in the law of the matter. The reference to this source of information other than it must be clear and express.

Article 35.- Organic food

The providers that offer organic food must be certified and must identify them clearly on the labels, packaging and means of information, direct or indirect.

Article 36.- Trans fat labeling

When a food contains a type of fat is considered to trans must warn you on its label, as well as its percentage.

Article 37.- Labeling of genetically modified foods

Foods that incorporate genetically-modified components must indicate on their labels.

Chapter V

Protection of the social and economic interests

Article 38.- Prohibition of discrimination of consumers

38.1 The supplier may not make any discrimination on grounds of origin, race, sex, language, religion, opinion, economic status, or of any other nature, in respect of consumers, are these within or exposed to a relationship of consumption.

38.2 Is prohibited the exclusion of people without medien causes of security of the facility, or peace of mind of its customers, or other similar reasons.

38.3 The different treatment of consumers must obey to objective causes and reasonable. The preferential attention in a facility must respond to situations of fact distinct that would justify a different treatment and there is a proportionality between the aim pursued and the different treatment that is given.

Article 39.- Burden of proof

The burden of proof on the existence of unequal treatment corresponds to the affected consumer when the procedure is initiated by complaint of this or the administration when it is started by the initiative of her. To prove such a circumstance, it is not necessary that the person belongs to a particular group. Corresponds to the provider of the product or service to prove the existence of an objective cause and justified. If the provider demonstrates the existence of an objective cause and reasonable, it is up to the other party to prove that this is in fact a pretext or a simulation to be engaging in discriminatory practices. For these purposes, is valid, the use of signs and other substitutes of the evidence.

Article 40.- Obligation to report on the restriction of access to facilities

Establishments open to the public to establish restrictions objective and justifiable access to its facilities have the obligation to report such restrictions to the consumers, so direct, clear and timely manner, prior to the act of consumption, by the location of posters or notices, in a visible and accessible on the outside of the establishment and, additionally, through other means of information. The restrictions may not be drafted in a way that generic or ambiguous.

Article 41.- Preferential treatment for pregnant women, children, older adults, and people with disabilities

41.1 The supplier is obliged to ensure the preferential treatment of pregnant women, children, older adults, and people with disabilities, in all systems of care that may be available, shall provide the consumer with all the necessary mechanisms to denounce the violation of this rule under the responsibility.

41.2 In respect of the beneficiaries of the preferential treatment, the provider must:

to. Disclose in a conspicuous place, easy to access, and with human-readable characters their right to preferential attention.

b. Adapt your infrastructure in as appropriate and implement measures ensuring their access and security.

c. Exonerarlos shift or any other mechanism to be expected.

d. Implement a mechanism for filing complaints against those who fail to comply with this provision.

41.3 The provider that fails to comply with the provisions of this rule and other provisions on the subject is sanctioned in accordance with the procedures laid down in laws, rules and special regulations.

Article 42.- Information about consumers in plants deprived of risk

42.1 Every consumer has the right to know the data, the content and annotations of your credit history is recorded in the central risk free using the on-screen display and when it deems necessary.

42.2 Every consumer has the right, at its request, to obtain free and semi-annually of any central risk, or when the information contained in its data banks has been the subject of correction, a written report with the information about your credit history that is recorded in that database.

42.3 The consumer has the right to update his registration in a central risk, within a period not exceeding five (5) working days from the central risk receives the relevant information that allows you to perform the update. The creditor has the obligation to inform in a timely manner within the time limits provided for in the regulations for the nuclear power of risk to that reported from a defaulting borrower, at the time that this has canceled his obligation, for the respective register.

42.4 The information that has caused an annotation erroneous must be removed immediately, under the responsibility and cost of the same central risk.

42.5 The central risk are in the obligation to safeguard the personal information of consumers under the responsibility and the information that is public to respond to the real situation of the owner of the information at any given time, according to the relevant regulations.

42.6 The provisions of this article shall apply in accordance with the special legislation on the matter.

Article 43.- Proof of cancellation of credits

When consumers canceled entirely a liability for any financial or credit institution, have the right to obtain, upon request, a certificate of cancellation free of charge granted by such entity.

Article 44.- Rounding of prices

Is prohibited providers to round prices to the detriment of the consumer, unless this is expressly manifested his acceptance at the time of the payment of the product or service. For the purposes of the donations that are made, the establishments must have posters that inform prominently the fate of these donations, or the beneficiary institution, without prejudice to compliance with the other obligations set Indecopi.

TITLE II

CONTRACTS

Chapter I

General Provisions

Article 45.- Consumer contract

The consumer contract has as its object a legal relationship of heritage in which involved a consumer and a supplier for the purchase of products or services in return for economic compensation.

The provisions of this chapter are applicable to all consumer contracts, to be concluded by any form or shape, depending on the nature and scope thereof.

In all matters not provided for by this Code or in special laws, the rules of the Civil Code as they are consistent with the nature of these contracts.

Article 46.- Integration and linkage of the offer, promotion and advertising

The offer, promotion and advertising of products or services is set to its nature, characteristics, conditions, usefulness or purpose, without prejudice to the provisions on advertising.

The content of the offer, promotion or advertising, characteristics, and functions of the product or service, and the conditions and guarantees offered oblige providers and are enforceable by consumers, even when you are not in the contract or in the document or receipt received.

Article 47.- Minimum protection of the consumer contract

In the case of consumer contracts observes the following:

to. In contracts whose terms are recorded in writing or in some other kind of support, this must be stated in unequivocal willingness to engage the consumer. It is the responsibility of the supplier to establish in the contract the restrictions or special conditions of the product or service available to the consumer.

b. May not be included clauses, or exercised practices that impose obstacles onerous or disproportionate to the exercise of the rights granted to the consumer in the contracts.

c. Consumers have the right to employ the same mechanisms of shape, place and means used for the celebration of the contracts to opt out of these, as, for example, via telephone, or any means electronic or other analogous. This faculty includes the recruitment of additional services or complementary.

d. In the case of forms of contract, the characters of these must be properly readable for consumers, and should not be less than three (3) millimeters. The wording and terms used should facilitate its understanding by consumers.

e. Providers must deliver to the users a copy of the contracts and other documentation related to these legal acts when they have been concluded in writing, including the general conditions of recruitment. Also, when the consumer requests a copy physical or virtual, of these, the supplier must deliver the documents within a maximum period of fifteen working days from you received the request. Providers are responsible to leave a record of the delivery of documents to the consumer.

f. In the case of procurement by electronic means, telephone, or under any system of care automated assisted by artificial intelligence or digital assistant, the provider is responsible to prove that the information was made promptly available to the consumer, and that he agreed to the terms employed. Also, when the consumer requests a copy of the documents proving the hiring, apply the time limit set out in paragraph e); being the provider responsible for delivery.

Are not enforceable terms, conditions, provisions and practices that violate this article.

Article 48.- Requirements of the clauses contained in a consumer contract by adhesion

In the case of consumer contracts concluded by adhesion or terms and conditions of the contract, must comply with the following requirements:

to. Conciseness, clarity and simplicity in the writing, with the possibility of understanding directly, without forwarding to texts or documents are not provided prior to or simultaneously with the conclusion of the contract, and that, in any case, should be expressly stated in the contract document.

b. Accessibility and readability, so that it allows the consumer and the user's prior knowledge of the content of the contract prior to your subscription.

c. Good faith and necessary balance in the rights and obligations of the parties, which in any case excludes the use of unfair terms.

The provisions of this article apply to contracts concluded on the basis of clauses and conditions of the contract, whether or not subject to administrative approval.

Chapter II

Unfair terms

Article 49.- Definition of unfair terms

49.1 In the contracts by adherence to and on the terms and conditions of the contract not approved administratively, it is considered unfair terms and, therefore, unenforceable those provisions shall not individually negotiated that, contrary to the requirements of good faith, placed to the consumer, in their prejudice, in a situation of disadvantage or inequality or to revoke their rights.

49.2 For the evaluation of the unfair terms, takes into account the nature of the products or services that are the object of the contract, all the circumstances at the time of its conclusion, including the information that has been provided, as well as all other terms of the contract or of another, of which this depends.

49.3 The fact that certain elements of a clause or a clause in isolation have been individually negotiated, does not exclude the application of the rules on unfair terms the rest of the contract. The supplier claims that a particular clause has been negotiated individually assumes the burden of proof.

Article 50.- Unfair terms of absolute inefficiency

Are unfair terms of absolute inefficiency of the following:

to. Which exclude or limit the liability of the supplier or their dependents by the wilful misconduct or negligence, or to transfer the liability to the consumer for the acts or omissions of the supplier.

b. The entitling the supplier to suspend or terminate unilaterally a contract, unless a legal provision that different, or the application of prudential rules duly supported issued by the appropriate authority.

c. The entitling the supplier to resolve a contract without prior communication or to terminate a contract of indeterminate duration without a term of reasonable prior notice, unless a statutory provision other than, or the application of prudential rules duly supported issued by the appropriate authority.

d. The setting in favour of the supplier the power to unilaterally extend or renew the contract.

e. The excluding or limiting the legal rights granted to the consumer, such as the right to make advance payments or prepayments, or to oppose the exception of non-performance or to exercise a right of retention, consignment, among others.

f. Those established in respect of the consumer limitations to the ability to raise any objections to the proceedings, limitations to the presentation of evidence, reversal of the burden of proof, among other rights pertaining to due process.

g. Those established by the resignation of the consumer to make a complaint for violation of the rules of the present Code.

Those that are contrary to or in violation of rules of public order or mandatory.

Article 51.- Unfair terms of inefficiency relative

Including, but not limited to, are unfair terms according to the specific case, the following:

to. Those that impose obstacles onerous or disproportionate to the exercise of the rights granted to the consumer in the contracts.

b. Allow the provider to unilaterally modify the conditions and terms of a contract of a duration of continued, to the detriment of the consumer, unless obey reasons expressed therein, and the consumer enjoyment of the right to free themselves from the same without any penalty. The provisions of this sub-paragraph do not affect the terms of adjustment of prices to an index of adjustment of status or the setting of fees for public services subject to economic regulation.

c. The setting, the automatic extension of the contract by fixing a time limit too short for the consumer to express his desire not to extend it.

d. The established economic burdens or cumbersome procedures for making complaints to the provider, as well as those established by cumbersome procedures to proceed with the repair of the product is not suitable, or to pose any prior act or action on the part of the consumer that impedes the due protection of their rights.

e. Allow the provider to delegate the implementation of its provision to a third party when he was elected by his personal qualities.

f. Those established by the provider can be changed unilaterally to the detriment of the consumer, the type of currency that was the contract.

Article 52.- Non-application of the unfair terms

52.1 Abusive clauses ineffective referred to in this Code are inaplicadas by the administrative authority.

52.2 The exercise of this power by the administrative authority is made effective without prejudice to the decisions on the subject can be taken in the area of jurisdiction or arbitration, as it was the case.

Chapter III

Administrative approval

Article 53.- General conditions of contract

The general conditions of contract are governed by the provisions contained in this Code and the provisions of the Civil Code.

Article 54.- Approval of terms and conditions

54.1 In the case of consumer contracts concluded by the public utilities, or not it is subject to economic regulation, the administrative approval of the terms and conditions of the contract is the responsibility of the regulatory agency of competent jurisdiction, according to the law of the matter, and the provisions issued to that effect.

54.2 In the case of consumer contracts concluded by companies subject to the supervision of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds, the administrative approval of the terms and conditions of the contract applicable to such entity, according to the law of the matter.

54.3 The general approval of the general clause of recruitment can only be challenged in the courts. The customer or user directly affected in respect of the practical application of the said clause may be appealed against before the administrative or judicial authority competent to issue a pronouncement in the specific case.

54.4 If, as a result of a research made in the area of its competence, whether in the context of the development of preliminary investigations or procedures to your office, the Indecopi detects a market in which it is relevant to the administrative approval of the terms and conditions of the contract, it reports this fact to the Presidency of the Council of Ministers, which will decide the need to designate an authority responsible for this.

54.5 In the approval of the terms and conditions of the contract, the administrative authority identifies abusive clauses, and issues of general rules that prohibit their inclusion in future contracts.

Article 55.- Dissemination of the terms and conditions of the contract approved by the administrative authority

The authority sector spreads in a prominent place in the institutional portal and, where appropriate, through other means of dissemination, the terms and conditions of the contract approved administratively and the unfair terms identified. Indecopi links in the institutional portal with e-mail addresses of the authorities competent sectorial where to post that information.

TITLE III

BUSINESS METHODS ABUSIVE

Chapter I

Commercial methods of coercive

Article 56.- Commercial methods of coercive

56.1 But not limited to, the right of every consumer to protection against the business methods of coercion implies that providers may not:

to. In all contracts that are ongoing or in succession, to condition the sale of a product or the provision of a service to the acquisition of another, unless that, by their nature or according to commercial usage, whether they are complementary. The offer of products or services that are not complementary must ensure that they can be offered separately.

b. Forcing the consumer to take benefits that it has not agreed or to make payments for products or services that have not been required previously. In no case can be interpreted the silence of the consumer, as the acceptance of such benefits or payments, unless previously authorized by express.

c. Modify, without the express consent of the consumer, the terms and conditions on which bought a product or hired a service, even if the provider considers that the change could be beneficial for the consumer. You can't boast about the consumer's silence as acceptance, unless he has expressly authorized and earlier.

d. To complete forms, formats, securities and other documents issued incomplete by the consumer, in a different manner to that which was expressly agreed at the time of your subscription.

e. Set limitations unjustified or unreasonable to the right of the consumer to terminate a contract when legally or contractually has recognized such a right, or to employ the same mechanisms of form, place, and media used in the celebration of the contracts to opt out of these.

f. Taking undue advantage in the contractual relations of duration, continuous or succession, in those situations in which the change of a provider is significantly expensive for the consumer.

g. Require the consumer to the presentation of documentation necessary for the provision of the service contract or the delivery of the product purchased, and may, in any case, require only the documentation necessary, reasonable and appropriate in accordance with the stage in which the provision of the product or the performance of the service.

56.2 Subject to these limitations all offers of products or services, whether performed within or outside of business establishments, or by using methods of remote contracting, whatever the means of communication used to do so.

Article 57.- Abusive practices

Also are methods abusive all those other practices, taking advantage of the disadvantage of the consumer resulting from the particular circumstances of the relationship of consumption, impose conditions, excessively burdensome, or which are not foreseeable at the time of hire.

Chapter II

Commercial methods of aggressive or misleading

Article 58.- Definition and scope

58.1 The right of every consumer to protect against the commercial methods of aggressive or misleading means that providers are unable to carry out practices that undermine significantly the consumer's freedom of choice through figures such as harassment, coercion, undue influence or fraud.

In this sense, are prohibited those commercial practices which import:

to. To create the impression that the consumer has already won, win or will get, if you perform a particular act win, a prize or other equivalent benefit, when in fact: (i) such benefit does not exist, or (ii) the completion of an action in relation to claiming the prize or other equivalent benefit is subject to a payment, or incur an expense.

b. The change of the information originally provided to the consumer at the time of the conclusion of the contract, without the express and informed consent of the consumer.

c. The change of the condition of the product or service prior to the conclusion of the contract, without the express and informed consent of the consumer.

d. Make in-person visits to the consumer's home or perform unwanted solicitations by telephone, fax, email, or other means, of the persistent and intrusive, or ignoring the consumer's request for an end to this type of activities.

e. Employ call centers (call centers), systems of a phone call, sending a text message to a cell or mass emails to promote products and services, as well as provide service to telemarketing, to all those phone numbers and email addresses of consumers who have not given to the suppliers of those goods and services your prior consent, informed, express and unequivocal, for the use of this commercial practice. This consent can be revoked at any time and in accordance with the laws and regulations governing the protection of personal data.

f. In general, any practice involving fraud, violence, or intimidation that has been a determining factor in the willingness of hire or, in the consent of the consumer.

58.2 This provision includes all types of procurement of products or services, whether made through contracts within or outside the establishment of the provider, phone sales, door to door, by catalog, by means of agents, contracts, distance, and e-commerce or modalities similar.

Article 59.- The right to restitution

The consumer has a right to the immediate restitution of benefits subject matter of the contract of consumption in those cases in which the provider has engaged in any of the practices referred to in article 58, whatever the mode of procurement used.

For this purpose, the consumer has a period of seven (7) calendar days, counted from the day on which occurred the procurement of the product or service, or from the day of your reception or start of its execution, whichever is later, without prejudice to its right to exercise any administrative actions under the provisions of this Code or to request the cancellation of the contract in the courts concerned.

The right to restitution is considered to be validly exercised when the consumer notifies the provider about it and proceed to the return of the products received or request the interruption of the service. Exercised this right, the consumer does not assume any reduction of the amount to be returned in case of you have made a normal use of the product or enjoyment of the service, except that you have generated a manifest deterioration or loss of value.

Corresponds to the consumer to prove the causal bases its right to restitution and the exercise of this right in accordance with the provisions of this article.

Article 60.- Non-waiver of the right to restitution

Is null the early resignation of the right to restitution, as indicated in article 59.

Chapter III

Methods abusive in the collection

Article 61.- Collection procedures

The provider must use the collection procedures provided for in the laws. You are prohibited from using collection methods that affect the reputation of the consumer, which infringe the privacy of your home, affecting your work or your image to a third party.

Article 62.- Methods abusive collection

For the purposes of the application of article 61, the following is prohibited:

to. Send to the debtor or guarantor documents that appear to be notices or pleadings.

b. Conduct site visits or telephone calls between 20.00 hours and 0700 hours or on Saturdays, Sundays, and holidays.

c. Placing or displaying to public view posters or written in the domicile of the debtor or guarantor, or, in different places of these, requiring the payment of their obligations.

d. Locate people with posters alluding to the debt, with dress unusual or similar means, in the vicinity of the home or the work center of the debtor, requiring the payment of an obligation.

e. Spread through the media, payroll, debtors and payment requirements without a court order. The foregoing does not understand the information that is provided to the central private information of risks is regulated by a special law, the information provided to the Central Hazards of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds or the information that the legal standard provided by the State.

f. Send communications or by making calls to third parties alien to the obligation to report on the consumer delinquencies.

f. Send account statements, bill pay, and notifications of collection, whatever the nature of the latter, to the address of a third party unconnected with the relationship of consumption, except in the case of a home contractually agreed or that the debtor has indicated a new valid address.

g. Any other method analogous to the above.

TITLE IV

CONSUMER PROTECTION IN SPECIFIC PRODUCTS OR SERVICES

Chapter I

Regulated utilities

Article 63.- Regulation of public services

The protection to the user of public services regulated by the regulatory bodies referred to in Law no. 27332, the Framework Law on Regulators of Private Investment in the Public Services, is governed by the provisions of this Code on it that is relevant and regulation relevant sector-specific. The sectoral regulation develops in its regulations the protection principles set out in this Code. The entity responsible for ensuring your compliance is the regulatory body concerned.

For the purposes of the fulfilment of the purpose indicated, the regulator must, among others, to effect the permanent control of the measurement of the service, the terms of billing, and develop their powers of sanction, as appropriate.

Article 64.- General principles applicable to the claims procedures in the field of regulated public utilities

64.1 In the handling of the procedures of claims made by users of the public regulated services is governed by the following principles:

to. Principle of speed: The claims of the users must be solved without exceeding the time limit fixed for the same. In the event that the claim is not resolved by the provider within the time limit, applies to the administrative silence, positive and gives the reason to the complainant.

b. The principle of concentration procedure: complaints from the users should be solved by tending to a reduction of the procedural acts, without affecting the right to due process.

c. Principle of simplicity: The procedures of claims of users must be addressed and solved with the formalities minimum always to ensure the adequate protection of the rights of the user.

d. Principle of transparency: The claims of the users should be solved by ensuring the access to the records and the information about the procedure, at any stage of the same, with the restrictions set by the Law.

e. Principle of non-discrimination: In the procedures of claims, there is no discrimination between users of services of nature, equivalent to it.

f. Principle of responsibility: The competent bodies in charge of the processing of claims submitted by the users are responsible for the procedural acts that are running.

g. Principle of gratuitousness: The bringing of a claim of the users of public services is free of charge.

h. Principle of the presumption of veracity: it Is assumed that, in the filing of their claims, the users express the truth about his identity and condition of user of the service, without prejudice to subsequent verifications relevant.

i. Principle of the elimination of demands expensive: does Not require the presentation of documents containing information that the entity requesting possesses or should possess for having been generated in the performance of its functions.

j. Principle of rectification: In the procedures of claims of users, the bodies established to address the same, warn, errors or omissions in the procedure, they should use them in office.

k. Principle of good faith in the procedures: The parties involved in a grievance procedure performed their respective acts procedural guided by mutual respect, cooperation and good faith. No action on the complaint procedure can be done in a way that is applicable to any conduct against the good faith of the proceedings.

64.2 The writings presented in the grievance procedure does not require a signature of an attorney. Also, in such procedures, it is not mandatory that the users of public services to have the advice of an attorney.

Article 65.- Care claims

Users have the right to have their complaints related to the provision of public services to be resolved in the final administrative instance by the regulatory body concerned.

The competent authorities, their powers and the procedures governing their performance are stipulated in the respective regulations issued by regulatory agencies.

Without prejudice to the foregoing, the providers of public services should implement a system in which they must register all claims submitted by the users of public services. This record should be permitted to make a follow-up of these from its inception until the issuance of the corresponding resolution on the part of the company providing the service to the public.

Registered a complaint, the company providing the public service informs the user about the number or registration code for the same.

The company providing the public service must be forwarded to the appropriate regulatory body, periodically, a report of the claims presented, according to their respective sectoral regulation.

Article 66.- Guarantee of protection to the users of regulated public utilities

66.1 The company providing the public service must provide the user claimant, upon request, timely information regarding the status of the grievance procedures handled by this.

66.2 The company providing the public service may not condition the attention of the claims made by the user to the prior payment of the amount claimed.

66.3 The company providing the public service may not discontinue the provision of the service based on the lack of payment of the amounts claimed in this has not been resolved, nor can it perform collection efforts by such amounts as the claim is in process.

66.4 Users have the right to receive the public service in accordance with the quality parameters and conditions established by the regulations relevant sector-specific. To this end, users should undertake the timely payment of the consideration in question and make use of the service in accordance with the purposes for which it was hired.

66.5 The users of public services are entitled to continuity of service and the providers are liable for such breach in accordance with the relevant regulations.

66.6 Users have the right to the accumulation of the balance of minutes, or seconds are not consumed in packages of minutes or seconds default in the cards or in the refills virtual or similar landline or cell, in accordance with the regulations to this effect issued by the regulatory agency of competent jurisdiction.

66.7 The consumers of the service of national transport in any form can endorse or transfer the ownership of a purchased service in favor of another consumer fully identified or postponing the realization of the service on the same terms agreed upon, and may be considered as part of the payment as agreed, and must communicate this in advance and reliable service provider with the anticipation of not less than twenty-four (24) hours from the date and time scheduled for the provision of the service, assuming the expenses solely related to the issuance of the new ticket, which should not be higher than the cash cost of such issuance. In case of the consumer to purchase round trip tickets or tickets to destinations segments or multiple and did not make use of any one of the segments, you have the right of use of the destinations or sections following, being prohibited providers to leave without effect this law, unless the consumer has with another reservation or ticket for the same route between the dates included in the ticket which section you want to preserve.

66.8 The user of the public services of the internet have the following rights:

     a) The defense of their interests, making sure your right to access the services of electronic communications in appropriate conditions of choice, value and quality, promoting their ability to access, distribute information or run applications and services of their elections, in particular through open access to the internet.

     (b) Have at its disposal the tools of measurement of the speed of the service of internet upload and download broadband. These applications provided by the telecommunication companies are accessible via the web. These records are used in the procedure, and are considered evidence.

     c) Obtain a minimum speed guaranteed service of broadband internet that they hire. This speed cannot be lower than the 70% of the speed of upload and download hired in urban and rural areas.

     (d) that, in the advertising of telecommunications products, is committed to clearly and prominently speed minimum guaranteed internet service, the amount of mb per month purchased and the amount of channels that include cable service offering.

66.9 The user has the right to suspend the court order of service, including up to the time that you run the procedure, if they can prove that the payment of the debt.

66.10. Users of public telecommunications services, natural gas, sanitation, drinking water and electricity can request the suppliers, through all its channels of care, temporary suspension, termination or cancellation of the service. The access to such requests must be found in the start menu or on the respective web pages, applications, official channels and telephone. The request of the user must be attended to in a prompt manner. Therefore, the regulatory agencies of such public services set out, following the principle of simplicity, the terms of such requests. In the case of the services of electricity and natural gas, the application of a temporary suspension, cancellation, or low of the service may only be invoked by the owner of the property, the holder of the supply or the user of the service installed, provided that there has been such conditions, and, in the case of the electric service, provided that the premises for which the application is filed is not inhabited. Also, such users can request to regulators of public services, the information corresponding to the authorized rate receivable according to the type of court, the concepts of pay for reconnection of service, according to the sector regulations, as well as the terms of attention and the cases in which the temporary suspension may result in the cancellation or termination of the service.

Chapter II

Health products or services

Article 67.- Protection of health

67.1 The supplier of goods or services of health is in the obligation to protect the health of the consumer, pursuant to the regulations on the matter.

67.2 The provision of services and marketing of health products to the consumer are governed by the provisions stated in the Law no. 26842, General Health Law, implementing regulations, as amended, or the substitute and that it was not opposed by the provisions of this Code.

67.3 The establishments of health and medical services support have the duty to inform the consumer, their family members or relatives on the characteristics of the service, the economic conditions of the provision and the other terms and conditions, as well as the essential aspects related to the medical act.

67.4 The right to the protection of the health of the consumer is essential. Without prejudice to the full recognition of these rights in accordance with the regulations of the matter, the consumers have, according to this Code, among others, the following rights:

to. To provide accurate, timely and complete information about the characteristics, economic conditions, and other terms and conditions of the product or service provided.

b. To give them, in terms that are understandable and within the considerations of law, the information complete and continuous on its process, diagnosis, prognosis, and treatment alternatives, as well as on the risks, contraindications, precautions and warnings about the goods or services provided.

c. To be told in a manner sufficient, clear, timely, accurate and easily accessible, everything that you need to be able to give their informed consent prior to the delivery of a product or the provision of a service.

67.5 The provisions of the Code does not affect the rules in the field of health grant more favourable conditions to the user.

Article 68.- Liability for the provision of health services

68.1 The establishment of health is responsible for breaches of this Code generated by the exercise of the negligent, reckless or imperito of the activities of professionals, technicians or assistants, who perform in the said establishment, without prejudice to the responsibilities that correspond to these.

68.2 The establishment of health is also responsible for the acts of the professionals who independently develop their activities using the infrastructure or equipment of the first, except that the service has been offered without the use of the image, reputation or brand of the said facility and that independence has been reported previously and expressly to the consumer, without prejudice to the provisions of paragraph (68.1. The responsibility of the health facility in accordance with this standard is based on solidarity.

Article 69.- Health insurance

69.1 The insurance companies are obliged to report clearly and prominently the consumer, the type of policy and coverage of health insurance.

69.2 The provision of services of health insurance and the content of their contracts are subject to the provisions of the special regulation issued by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds.

Article 70.- Plans and programs offered by the providers of health services

The health service providers that offer programs or plans that provide benefits similar to or equivalent to the health insurance, they should include in their contracts the following minimum conditions:

to. Information clearly and prominently on what is the subject of the service. In particular, it should inform the consumer about the restrictions in language, easy to understand for a person not versed in the subject matter.

b. Delivery under the charge of the written document containing the terms of the contract.

c. Delivery under the charge of a summary sheet stating exclusions, coverage and relevant conditions of the policy in terms that are comprehensible.

d. Information on the amount of benefits and the price of the program or health plan. The possibility of any modification of the price must be advertised prominently to the consumer.

e. Information on the consequences of non-payment of the price for access to the services and benefits contracted.

f. Information on the scope, risks or circumstances are excluded from the coverage of the program or health plan, the dates and modalities of payment for the product or service.

g. Information about the establishments in which it may enforce the contracted service and the provider representative in charge of attending to the events.

h. Information about the lifetime of the product or service, and the conditions for the renewal of the contract.

Article 71.- Funding of health programs by a third party

When the price for a plan or program offered by the providers of health services is funded by a third party other than such providers, build a relationship of credit that is independent of the contracted service. In these cases, the provision of benefits is not tied to the condition of the fulfillment of the obligation credit.

When the payment of the funding fee is a condition of continued under the coverage of the plan offered, it must be reported in writing to the consumer prior to the recruitment.

Article 72.- Conditions applicable to health insurance and health plans and programmes

Insurance companies and health care providers may not, by using the variation of unilateral conditions related to pre-existing conditions, eliminate coverage initially agreed. This provision also applies to the renewal of the plans or health insurance.

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Chapter III

Products and / or educational services

Article 73.- Suitability of educational products and services

The education provider must take into consideration the general guidelines of the educational process in the basic education, technical-productive and higher education, ensuring the quality of services within the regulations on the matter.

Article 74.- Essential rights of the consumer in the educational products and services

74.1 According to the specialty of educational products and services, the consumer has a right essentially to the following:

to. Be given written information accurate, timely, complete, objective, and of good faith on the characteristics, economic conditions, benefits, and other terms and conditions of the product or service.

b. Be charged for the payment corresponding to the provision of a service actually provided by the supplier of educational services.

c. Be informed before the start of the recruitment process on the documents, certifications, licenses or authorizations with the provider to develop lawfully activity.

d. To be informed clearly and prominently on the nature and conditions of the certificate that will be awarded at the conclusion of the program and contracted service.

e. That there is no delivery of the document accrediting, certifying, or a record of the development or use of the product or service to different payment of the processing fee, except in the case of the user to record the outstanding debt with the educational institution, in accordance with the legislation on the matter.

f. To take immediate measures of protection when the service affects the learning process of children and adolescents.

g. The educational institution disseminates, and promotes objectively the advantages and qualities to offer to the users.

74.2 The enumeration of the rights set forth in this statement does not exclude the other, that the Political Constitution of Peru or special rules warrant or other of a similar nature or is grounded on the respect for the rights recognized in the present Code.

Article 75.- Duty to inform of the centers, and educational programs

The centers and educational programs before the end of each period of education, and during the registration process you are obliged to provide an accurate, sufficient, appropriate and in writing to the consumer information about the amount, number and timing of payment of contributions or pensions of the next period of education, as well as the possibility of an increase in the amount of the same.

Chapter IV

Products or real estate services

Article 76.- Consumer protection in real estate contracts

76.1 In all advertising written of real estate future of first use, the real estate developers and construction companies of units in real estate must record the information set out in article 77 of this Code.

76.2 The consumer's right to information requires the supplier of products and real estate services to report on the characteristics of the property that you are acquiring, as well as providing all the information attesting to the existence of municipal approvals, the area of the property, the process of certification, accreditation, urban sanitation, materials used in the construction and finishes, registration of the land and declaratory relief from the factory or building, internal regulations, independización and all the relevant documentation.”

Article 77.- Minimum information in the purchase process

77.1 Providers should develop and implement measures to provide, as a minimum, information clear and truthful information about:

to. The identification of the provider of real estate, the legal representative, in the case of legal persons, the full address of the property, the contact numbers and e-mail address, or web page.

b. The description of the property, amount of units in real estate and relevant features such as exclusive areas and common, to be the case, measures perimeter and finishing of the property.

c. The provider's history and its behavior in the product market and real estate services.

d. The condition of earthquake-resistant property, which is offered, with the documentation to prove it, if requested by the consumer.

e. The existence of the Central Information of the real Estate Developers and/or Contractors of Units in real Estate, created by the Law 29203; the record of violations and sanctions for breach of the provisions of this Code by Indecopi, as set out in article 119 of this Code; and, the existence of the portal Look Who will be Shopping, to charge, also, of Indecopi.

f. The channels for the attention of complaints, grievances, or complaints before the competent authorities, whether of the web page, an email or a physical medium, having to display such information, in this latter case, by a notice placed in a conspicuous place, and easily accessible to the public, with the same dimensions established for the notice of the Book of Claims referred to in article 151 of this Code and its regulations.

Providers should take measures to allow the consumer to easily access the information specified in this article.

77.2 Providers must implement and maintain procedures to provide information prior to and free to the signing of a contract considering the following aspects:

to. Starting register in the case of property registered or title in the case of goods not registered, stating that those who signed the contracts of sale and purchase is the owner of the property offered, or of the property matrix which is independizará of the offered product.

b. Situation of the process of enabling urban or licensing of building, as appropriate.

c. Level of the property offered, indicating what aspects have a character reference, of to be the case.

d. Identification and characteristics of the property: environments, area of the building, common areas, finishes, and domiciliary public services with that account, distinguishing between the services of the common services, such as electricity, water and sewer.

e. The sale price of the property offered, including the form of payment term, currency in which payment is made, costs and taxes, promotions and discounts, and payment schedule appropriately disaggregated.

f. Conditions of separation: effect, causes and effects of the resolution (administrative costs, and penalties). In the sale of real estate on planes or future goods, the supplier must return the full amount of the advance payments made by the whole concept at the sole request of the consumer, in the event that the provision did not get to run for reasons attributable to the supplier.

g. Details of the supplier: Starting Registration of the Legal Person, name of the legal representatives with their terms of applicability of power and is duly registered, Single Register of Taxpayers (RUC) or National Identity Document (DNI), to be the case.

h. In the case of future assets, the document confirming the approval of the project of enabling urban or the draft of the architecture, as appropriate.

i. Validity of the offer.

j. In the case of finished properties, a copy of the Summary Sheet (HR), Land-Urban (PU), accreditation of non-payment taxes or the tax status of the property, and the starting register showing the independización of the property, from being the case.

77.3 When the financing of the sales price or a part of this is offered directly by the provider, you must inform pre-and in detail and incorporate a summary sheet with the signature of the supplier and the customer of the following:

to. The interest amount and the interest rates applicable under the provisions of this Code and the provisions of criminal, if any.

b. The amount and detail of any additional charges, if any.

c. The number of installments or payments to be made, their periodicity and the date of payment, in addition, all the benefits agreed upon by the payment in the time and manner of all fees.

d. The total amount to pay for the property, including the cash price, plus interest, and administrative costs.

e. The right to make the advance payment or prepayment of the balances, in whole or in part, with the consequent reduction of the compensatory interest generated on the day of payment and settlement of commissions and expenses arising from the contractual terms agreed between the parties, without which they are applicable, penalties of any kind or collection of nature or similar effect.

f. The scope and obligations spot of the warranties and guarantees, if any.

g. Any other relevant information.

77.4 In the event that the financing of the sales price or a part of this is granted by a financial institution, it is this which details the terms of that agreement to the provisions contained in this Code and those issued by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds.

Article 78.- Minimum information of the contract of sale

78.1 Providers must establish, implement and maintain procedures to demonstrate that the contract is accessible and contains at a minimum the following information:

to. Identification of the contracting parties indicating their respective residences legal.

b. Identification of the property subject of the sale.

c. Identification of the starting registration of real estate; in cases of a good future, of the property array.

d. Exclusive area, and common, to be the case, measures, perimeter, finishes of the property and the relevant characteristics of the property.

e. The sale price of the property offered.

f. Form of payment, and term.

g. Time, date, or conditions, express delivery of the property, and penalties for non-compliance would have agreed.

h. Cases in which penalties apply, and the amount of the same.

i. The seller's obligation to execute any and all documents necessary to perfect the transfer of the property.

j. Mechanisms for the settlement of disputes.

78.2 The signing of the contracts of sale must be delivered to the buyer the following information:

I. When it is a question of future assets:

to. Batch:

– Resolution issued by the municipality and map of the approval of the project of enabling urban.

– Flat lotización, in which you detail the location of the lot.

– Plane of the batch with the indication of the area and measures perimeter.

– Characteristics of the enabling urban.

b. Buildings:

– Approval of the draft or project.

– Plane distribution.

– Characteristics of the finishes, domiciliary public services, common areas, and other relevant characteristics.

II. When you try to finished goods -lots or buildings-, copy of the certificate of registration, as well as the plans of the facilities of the services of the property and the planes of common service facilities, in the case of common property, giving the latter to the board of owners concerned.

Article 79.- Obligation of sanitation of the provider

At the time of delivery of the property, the consumer has the right to express in writing their approval with respect to the characteristics, conditions, and general condition of the good that is delivered to you.

In the same way, the consumer can express their disapproval provided that the delivery does not correspond to the characteristics and conditions provided for in the contract, according to the following rules:

1. In the case of sale of land within a process of empowerment of urban, the consumer can express their disapproval about changes in the footage outside of the ranges as agreed, the location of the lot, surrounding urban furniture within the project of enabling urban and in general those that prevent or limit their use.

2. In the case of a sale of future goods, the consumer can express their disapproval about damage, deficiencies or other conditions which may impair the value of the property delivered to him, or that could prevent or limit their use.

3. In the case of the sale of second-hand goods, or are not of premiere, the consumer can express their disapproval if the service provider modifies the characteristics and conditions of the property that is sold subsequent to the contract of sale.

4. Submitted any of these situations, the consumer can enforce through legal mechanisms relevant, repair, reduction of the price or rescission, or rescission of the contract, as appropriate.

Article 80.- After-sales service

Providers should implement and maintain procedures to provide a complete information about the following:

to. The warranty periods, which are established by the supplier in accordance with the following criteria: (i) if they are components or materials, in accordance with what is established by the provider of the services; (ii) if they are structural aspects, such as minimum to ten (10) years from the issuance of the certificate of completion of the work and reception of the work by the municipality.

b. The manual owner, that must contain, as a minimum, the description of the components of the property, the care that must be observed for the proper maintenance and the risks that may arise from the improper use.

c. Availability of trained staff and offer different alternatives of contact for receipt of suggestions, complaints or requests for services.

d. Offer care service: response within the period established by the supplier and report the causes beyond the control of the same that may affect its compliance.

e. Establish a procedure for handling of complaints fast and simple to include registration and tracking of the same.

Chapter V

Financial products or services

Article 81.- Legal framework

The subject matter of consumer protection of financial services provided by the companies supervised by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds are governed by the provisions of this Code, as well as the special rules set out in the Act no. 28587, Complementary Law to the Law of Consumer Protection in Financial Services, and the rules and regulations issued to ensure compliance.

The regulation and supervision of the financial system as well as the products and services is governed under the principle of speciality regulations by Law no. 26702, the General Law of the Financial System and the Insurance System and Organic of the Superintendency of Banking and Insurance.

Article 82.- Transparency in the information, products or financial services

Financial services providers are required to disclose and provide to the consumers or users, in all media employees that have the purpose to offer products or services, including face-to-face, with a clear and prominent of the rate of cost-effective annual (TCEA) and the rate of yield effective annual (TREA), applicable to operations active or passive, respectively. In the event that the consumer or user to request or give information orally, it should be noted the above-mentioned rates.

The TCEA is the rate that allows you to match the current value of all payments and other payments that will be made by the customer with the amount actually received from the loan and the TREA is one fee that allows you to match the amount that has been deposited with the current value of the amount actually received at maturity.

The TCEA and the TREA must understand both the interest rate and all direct and indirect costs, under any denomination, to influence their determination, in accordance with the provisions of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds by standard general.

The TCEA, in the case of operations under the quota system, it corresponds to the cost of the credit; and, in the case of loans made under the revolving, due to its characteristics, pattern to a standardized comparison of costs of the product.

The TREA, in the case of fixed-term deposits, corresponds to the performance of the deposit made; and, in the case of deposits that are different from the previously indicated, pattern to a standardized comparison of the performance of the product.

The TCEA and TREA are presented according to the parameters for that effect set the Superintendence of Banking, Insurance and Administrators of Private Pension Funds.

The Superintendency of Banking, Insurance and Administrators of Private Pension Funds, regulates the information that financial institutions must provide to the consumer or user in any operation that involves the collection of interest, fees and charges and the way in which this information should be presented throughout the contractual relationship.

Article 83.- Advertising in the financial products or services of credit

In the advertising of financial products or services of credit that advertise active interest rates, amount, or fee, the provider must disclose clearly and prominently the rate of cost-effective annual (TCEA) calculated for a year of three hundred sixty (360) days and presented according to the parameters for that effect set the Superintendence of Banking, Insurance and Administrators of Private Pension Funds, in accordance with the provisions of article 82 of this code.

It is not allowed, under any denomination, to make reference to interest rates different to the one indicated in the main body of the ad, which may be included in the explanatory notes, if applicable.

Article 84.- Advertising in the financial products or services liabilities

In the advertising of financial products or services that advertise rates of interest passive, the provider must announce the rate of return effective annual (TREA) calculated for a year of three hundred sixty (360) days.

It is not allowed, under any denomination, to make reference to interest rates different to the one indicated in the main body of the ad, which may be included in the explanatory notes, if applicable.

The companies of the financial system may not be referred to a financial product or service liability as “free” or “no cost”, or present some other term that implies free if under some course it is possible to transfer concepts to consumers as charges for maintenance, activity, or other.

Article 85.- Procurement of financial services and contract amendments

Without prejudice to the enforcement of the rights granted to the consumer in this Code, the entities in the financial system can decide to hire the users of the service in accordance to the particular conditions of risk, the credit behavior, the characteristics of the products that are designed for the markets and the lack of transparency regulated by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds.

When the modification or termination of the contract to have support the implementation of prudential standards issued by the Superintendency of Banking, Insurance and Administrators of Private Pension Funds, companies are not obliged to attend to their clients advance notice required in article 5 of the Law no. 28587, Complementary Law to the Law of Consumer Protection in Financial Services. The prudential standards issued by the said authority are those such as those relating to the management of the risk of over-indebtedness of debtors retailers or by considerations of the customer profile linked to the system of prevention of money laundering or the financing of terrorism.

Article 86.- Right to make advance payments

Consumers have a right, in every operation of credit time limits under the quota system, or similar, to make the advance payment or prepayment of the balances, in whole or in part, with the consequent reduction of the compensatory interest generated on the day of payment and settlement of commissions and expenses arising from the contractual terms agreed between the parties, without which they are applicable, penalties of any kind or collection of nature or similar effect.

Article 87.- Imputation of payments

Consumers have the right to be informed about the terms and conditions applicable to the various obligations which can be undertaken under a credit agreement, detailing to that effect rates of interest, other charges and the timing of payment for each of these obligations, as well as the order of imputation of payments of these.

In the case of credit agreements for approval or accession with the general conditions of recruitment of financial companies subject to the scope of supervision of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds, the order of allocation of payments agreed not to can lead to a worsening disproportionate to the amount owed, unless the company proves conclusively the existence of effective negotiation and report properly to the consumer in a separate document on the consequences and economic implications of the rule of imputation adopted. The burden of proof of the existence of negotiation and reported to the consumer corresponds to the provider.

Of existing credit agreements by adhesion or concluded on the basis of general conditions of contracting with various obligations which has not been agreed, the application of payments, or in case of not being accurate to the agreement or to generate doubts as to its scope, or has not complied with the obligation by the supplier referred to in the preceding paragraph, the payments are applied first to the obligation less guaranteed, and still be guaranteed to the most expensive, and to be equally onerous, to the oldest. You can not, without the consent of the vendor, to apply the payments to the capital before the expense and before that the interests.

Article 88.- Claim of products or services and financial and insurance

88.1 Entities of the financial system and insurance, in all of its offices in the Republic, should resolve the claim within the period specified in the relevant regulations, without prejudice to the right of the consumer to bring an action directly before the Authority of Consumption.

88.2 The complaint must be filed and recorded in the form that determine the rules of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds.

88.3 In the case of identified behaviors that have an impact on the interests of third parties, Indecopi, of its own motion or on a complaint, the proceedings administrative penalties against the responsible supplier.

Article 89.- Technical report of the Superintendent of Banking, Insurance and Administrators of Private Pension Funds

In cases where it is necessary in the interpretation of the Law no. 26702, the General Law of the Financial System and the Insurance System and Organic of the Superintendency of Banking and Insurance, or the rules issued by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds, the Indecopi you must apply to this technical report.

Article 90.- Guarantees of the claim

90.1 On a quarterly basis, the financial entities are required to submit information to the competent authority about the claims that have been processed, the decisions taken and the actions that have been implemented for the facts that affect a consumer, but beyond to others, be corrected without the need for intervention by the regulator.

90.2 In case of identifying behaviors arising from individual actions have an impact on other consumers, the competent authority forwards that information to the Indecopi to start the procedure, administrative penalties against the responsible supplier.

Article 90-A. Free choice of notary services in the procurement of financial services

1. The State guarantees the right of the citizen to contract with the notary of your choice in the conditions of security and infrastructure provided for in this article and in the Legislative Decree 1049, Legislative Decree of Notaries.

2. In the transfer of property or rights funded by entities that form or not the financial system, as well as in the cases of hiring financial, bank or credit, supervised by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds (SBS), which are referred to in articles 81 and 91, the right of free choice of the notary corresponds to the consumer or user.

3. For the compliance of this provision, the company that financed the transfer provides the user with a copy of the documents from the registry in which are recorded the powers of its representative or guardian to subscribe to the public and private documents in your name.

4. The notary must identify the participants, including the representatives and legal representatives of legal persons and are required to have tools and physical infrastructure and technology that enables you to access the information on the registry concerning the property, rights, or mandates and powers.

These tools are the following:

(a) Service of Biometric Verification (SVB) for on-line consultations from the National Registry of Identification and Civil Status (Reniec).

(b) Service of Publicity of the Registry in Line of the National Superintendant of Public Registries (Sunarp).

c) System for the Identification of Foreign nationals.

d) electronic mail Address at corporate.

e) customer care Staff under the leadership of lawyer.

(f) The publication in his office of attorney or on its website of the requirements for the notarial procedures, the estimated time of care and of the prices of your notary services.

5. The companies that fund the transfers should provide the facilities to the notary chosen for its representatives or guardian to subscribe to timely instruments notary.

6. The chamber of notaries are required to maintain the updated list of the notaries who operate in each jurisdiction that comply with the requirements laid down in this article. This relationship should contain the contact information of the notary and the prices of the services of attorney, in order to facilitate the choice made by the user of the financial institution.

The updated list of notaries is to free provision of the companies that fund transfers, who have the obligation to provide its customers or users.

Chapter VI

Credit services provided by companies are not supervised by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds

Article 91.- Scope

The provisions of this chapter are applicable to providers that provide credit to consumers in any way and are not under the supervision of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds.

Article 92.- Obligation to disseminate the intervention of a third party in the funding

Providers that fund to the consumers for the acquisition of their products or services through a company in the financial system, or other provider of credit services, are required to disclose prominently the fact that the company providing the financial service is different from the one that sells the product.

Article 93.- Additional application of the regulation of the supervised companies

Providers must provide to users all the information they request prior to the conclusion of any contract, such as referring to the conditions that apply to the lending relationship.

At the time of the contract, the supplier must deliver a copy of the contracts signed, adicionándoles the summary sheet and the schedule of payments in the case of credit under the quota system. For such purposes, providers must abide by the provisions set forth in this Code.

The modifications to the contractual provisions, interest, commissions, and expenses that have been agreed in the respective contract must observe the provisions of Law no. 28587, Complementary Law to the Law of Consumer Protection in Financial Services, with regard to the mechanisms and timeframes for change, ensuring that the sending of communication is through suitable means which enables the consumer an understanding of the prior communication.

Article 94.- Determination of interest rates

Providers, in accordance with the provisions of article 1243 of the Civil Code, should determine the rate of interest conventional compensatory or moratorium in attention to the limits set by the Central Reserve Bank of Peru.

Providers must submit the rate of cost-effective annual (TCEA), in accordance with the parameters for that effect set the Superintendence of Banking, Insurance and Administrators of Private Pension Funds, in accordance with the provisions of article 82 of this code.

If providers use rates that depend on a factor variable, you must specify a precise and unambiguous manner the way in which is determined at each time point, including their frequency of change, if applicable.

The collection of fees and expenses must involve the provision of an effective service, duly justified, and based on a real expense and demonstrable to the provider of the service.

In the case of providers to differentiate the price of the product or service, or established promotions or discounts depending on the means of payment or the form of funding granted by a company to be supervised or not, the TCEA should be calculated exclusively on the cash price, in cash or any other similar definition, product or service offered.

Article 95.- Advertising services on credit

The advertising that made the service providers credit not supervised by the Superintendence of Banking, Insurance and Administrators of Private Pension Funds must conform to the provisions of article 83 of this Code.

Article 96.- Information provided to users prior to the conclusion of contracts and documents to deliver mandatory

In any commercial transaction in which the grant of credit to the consumer, including the offer, the supplier is obliged to inform pre-and in detail about the conditions of the credit and the Rate of Cost-Effective Annual (TCEA). In addition, such information should be incorporated in a clear, brief and easy understanding in a summary sheet with the signature of the supplier and the consumer, and shall include the following:

to. The spot price of the product or service, which is the one on which we made the calculations for the credit, notwithstanding that the vendor will give another type of denomination.

b. The amount of the initial payment and subsequent payments.

c. The total amount of interest and the annual effective interest rate, whether fixed or variable, in which case you must specify the criteria for amendment, the interest for the delayed payment and compensatory, its scope of application and the provisions of criminal, if any.

d. The rate of cost-effective annual, which includes all fees for the amount of the principal and interest, all charges, commissions, expenses incurred for services provided by third parties, or any other expense incurred by the vendor, which, according to the agreement, are transferred to the consumer, including insurance, where applicable. Not included in this calculation, those payments for services provided by third parties who are directly paid by the consumer, which must be included in the contract.

e. The amount and detail of the fees and charges that are transferred to the client, if any. In the case of insurance must report the amount of the premium, the name of the insurance company issuing the policy and the policy number, if appropriate.

f. The total amount to pay for the product or service, that is composed by the cash price, plus interest, fees and commissions, of to be the case.

g. The right to make an advance payment of fees.

h. The right to make the advance payment or prepayment of the balances, in whole or in part, with the consequent reduction of the compensatory interest generated on the day of payment and settlement of commissions and expenses arising from the contractual terms agreed between the parties, without which they are applicable, penalties of any kind or collection of nature or similar effect.

i. The scope and obligations spot of the warranties and guarantees, if any.

j. The schedule of payments, which includes the number of installments or payments to be made, their periodicity and date of payment, broken down the concepts that make up the quota, such as the amortization of principal, interest, premium insurance, if any, among others; as well as all the benefits agreed upon by the on-time payment; all of which should be subject to the terms and conditions expressly agreed upon between the parties.

k. Any other relevant information.

In the case of credit agreements, sale and purchase term or provision of services with deferred payment, interest is calculated on the cash price less the initial premium paid. The interest is calculated on balances unpaid loan and your payment cannot be demanded in advance, but for periods expired.

In the case of loans that are the subject of a refinancing, the supplier is obliged to inform the consumer about all the scope and consequences of the operation, for which you must submit a new timeline and summary sheet.

TITLE V

LIABILITY AND SANCTIONS

Chapter I

Provider's responsibility and consumer rights

Article 97.- Rights of consumers

Consumers have the right to the repair or replacement of the product, a new implementation of the service, or the return of the consideration paid in the following cases:

to. When the that hold a certification of quality, do not comply with the corresponding specifications.

b. When the materials, elements, substances or ingredients that constitute or integrate the products do not correspond to the specifications that they held.

c. When the product, by its shortcomings manufacturing, processing, structure, quality or health conditions or latent, in your case, is not suitable for the use for which it is intended.

d. When the delivery of the product or the provision of the service is not made in due time, and its execution will not be useful to the consumer.

e. When the law of the metals of the jewelry items or jewelry to be lower than the indicated.

f. When the product or service does not conform reasonably to the terms of the offer, promotion or advertising.

g. When made effective legal warranty persisting defects in the product or do not enable it to fulfil its purpose.

In the case of a purchase of a product with a voluntary guarantee is subject to the terms of this without prejudice to the statutory rights of the consumer.

To be returned to the amount paid, should be taken as a basis the value of the product or service at the time of the return. If the value of the product or service is lower at the time of the refund, you must return the price or compensation originally paid. In both cases, interest is paid legal or conventional, if any.

The provisions of the present article is without prejudice to compensation for damages that could take place.

Article 97-A. - Rights of consumers in emergency situation

In emergency situation, provided for in article 137 of the Constitution prohibited the hoarding and speculation of a good or service to be officially declared as essential. This prohibition applies in the time and geographical space designated in the rule set by the declaration of the state of exception.

Hoarding is the action by which the producer, manufacturer, supplier, trader or subtracted from the market good or service officially deemed essential in emergency situation, in order to alter the price, shortages or gain profit abuse, putting at risk the life or health of people.

Speculation is the act by which the producer, manufacturer, supplier or merchant sells a product or service officially deemed essential to higher price than the usual, and there is no economic justification for it.

Hoarding and speculation are illegal actions, which alter the economic order and put at risk the life or health of consumers, and are sanctioned by articles 233 and 234 of the Criminal Code, approved by Legislative Decree 635.

Article 98.- Rights of the consumer against defects in the amount

Consumers are entitled to the replacement of the product or the refund of the amount paid in excess, in the following cases:

to. When, considered the tolerances allowed, the net content of a product is lower than it should be or less than the indicated on the packaging or packaging.

b. When the consumer to notice that an instrument used for the measurement operates or has been used to its detriment, outside of the tolerance limits set by the competent authority for this type of instruments.

The claim of the right set forth in subparagraphs a and b should be submitted to the supplier within ten (10) business days following the date on which notice of the deficiency of the measurement or of the instrument used to it.

The supplier is in default if it does not satisfy the complaint within a period of fifteen (15) business days.

Article 99.- Payments in excess

Payments made in excess of the stipulated price are recoverable by the consumer and other interest-bearing until his return the maximum of the compensatory interest and arrears that have been agreed upon, and in default the legal interest. The action to request a refund of these payments prescribed to the two (2) years from the date in which took place the payment. In the case of improper payments, the limitation period is five (5) years.

Chapter II

Civil liability

Article 100.- Civil liability

The provider that causes damage and harm to the consumer is obliged to compensate you in accordance with the provisions of the Civil Code, in the courts without prejudice to the criminal liability, as well as of the administrative sanctions and remedial measures remedial and supplementary that may be imposed in application of the provisions of this Code and other complementary standards of consumer protection.

Article 101.- Liability for defective products

The provider is responsible for the damages caused to the physical integrity of the consumer or to his property for the defects of your products.

The liability for defective products is objective, in accordance with the provisions of article 1970 the Civil Code. The responsibility for the various suppliers of a product in accordance with this article is based on solidarity. Without prejudice to the foregoing, each provider has the right to repeat against the one who supplied you with the defective product or originated the default.

Article 102.- Definition of defective product

It is a defective product which does not offer the safety that people have the right, taking into consideration the relevant circumstances, such as:

to. The design of the product.

b. The way in which the product has been put on the market, including its appearance, the use of any trademark, publicity relating to the same, and the use of instructions or warnings.

c. The use predictable product.

d. The materials, the content and the condition of the product.

Article 103.- Compensable damages

Compensation is comprised of all the consequences caused by the defect, including consequential, lost profits, damage to person and moral damages.

Chapter III

Administrative responsibility

Subchapter I

General provisions

Article 104.- Administrative responsibility of the provider

The vendor is administratively responsible for the lack of suitability or quality, the risk is unwarranted or the omission or default of any information, or any other breach of the provisions of this Code and other complementary standards of consumer protection, on a particular product or service.

The provider is exempt from administrative liability if he manages to prove the existence of an objective cause, justified and do not foreseeable that configure breaking the causal link due to a fortuitous event or force majeure, in fact determinant of a third party or of the carelessness of the consumer affected.

In the provision of services, the administrative authority considers, to analyze the suitability of the service, if the delivery is assumed by the supplier is of the means or outcome, in accordance with article 18.

Article 105.- Competent authority

The National Institute for Defense of Competition and Protection of Intellectual Property (Indecopi) is the authority with primary competence of national scope to meet the alleged breaches of the provisions contained in this Code, as well as to impose sanctions and corrective measures laid down in this chapter, pursuant to the Legislative Decree No. 1033, Law on the Organization and Functions of the Indecopi. Such competence can only be denied when she has been assigned or to be assigned to another agency by express provision having the force of law.

For coverage at the national level Indecopi, with the agreement of its Board of Directors, can be the decision-making bodies of processes sumarísimos consumer protection or dispersing the competence of the Commission of Consumer Protection in the commissions of the regional offices that constitute for this purpose; to create additional commissions or disabled pursuant to justify the increase or decrease of the load procedure, or the needs of management required for the better handling of the procedures at your expense; or enter into agreements with public or private institutions duly recognized for, according to their abilities, delegate powers or the technical secretariat. The delegation is subject to the management skills required to do this, the co-participation in the development of the same, the feasibility of the improvement in care and other relevant criteria on the particular set by a directive issued by the Board of Directors of the Indecopi.

In addition, the Board of Directors issued the provisions for the more efficient management of the procedures in charge of the Indecopi.

Article 106.- Procedures in charge of the Indecopi

Indecopi is responsible for the following procedures:

106.1 Disciplinary proceedings:

to. Procedure for violation of the rules of consumer protection.

b. Procedure for breach of settlement agreement, or any other agreement that is indisputable record of the manifestation of the express will of the parties to submit the dispute or arbitration award.

c. Procedure for providing false information or conceal, destroy or alter information, or any book, record or document that has been requested during the processing of a procedure.

d. Procedure for unjustified refusal to comply with a request for information made.

e. Procedure for complaint to be malicious.

f. Procedures in the way of enforcement:

(i) For breach of corrective measures.

(ii) For non-payment of court fees and costs.

(iii) For breach of mandate interim.

In the disciplinary proceedings of consumer protection is not required the intervention of a lawyer, as indicated in the article 42 of Legislative Decree No. 807.

106.2 Settlement procedure of court fees and costs.

So extra, in all matters not provided for in this Code and in the special provisions applicable to administrative proceedings described above, the Law No. 27444, the Law on General Administrative Procedure. The self-regulation of Civil Procedural Law is applicable only as long as it is compatible with the administrative regime.

Subchapter II

Sanction proceedings in the field of consumer protection

Article 107.- Application process

The administrative procedures to meet the alleged breaches of the provisions contained in this Code are initiated ex officio, by the authority's own initiative, by complaint to the affected consumer or that potentially could be affected, or by an association of consumers on behalf of its partners or poderdantes or in defence of collective or diffuse consumers. In this latter case, the consumers ' association acts as a legitimate third party without having the power to dispose rights of consumers affected, except that of their partners or the people have given power to that effect. Both the consumer was formed as part as the legitimate third party may participate in the proceeding and to file the appeal against the resolution denying the start of the procedure, and against any other resolution, challenged them to produce tort. The administrative procedure in the field of consumer protection starts with the notification of the allocation of charges to the potential infringer.

Article 107-A. - Forms of early termination of the procedure ex officio promoted by a complaint.

In any state, and instance of the ex officio procedure promoted by a complaint, the body of resolving declare its termination in the following cases:

1. When the complainant made withdrawal of the procedure or of the claim before the notification of the decision that exhausted the administrative remedies.

2. When the parties reach an agreement through conciliation, mediation, transaction or other arrangement that, indubitable, let the record show that it has resolved the dispute subject matter of a complaint before the notification of the decision that puts an end to it.

Any of the parties will be able to accredit before the body of resolving the solution of the dispute, the authority to declare the anticipated conclusion of the procedure. The procedure will continue with respect to those reported or claims not included in the early termination.

The authority will be able to continue its proceedings if the analysis of the facts considered that could be affecting the interests of third parties, or the action sparked by the initiation of the procedure involving general interest.

Article 108.- Administrative offences.

It is a violation of administrative conduct of the supplier that violates the provisions of this Code, so if it means violating the rights recognized by the consumers as a breach of the obligations that these rules impose providers. Are also cases of administrative offences, breach of settlement agreements or any other agreement that is indisputable record of the manifestation of the express will of the parties to submit the dispute to arbitration awards, and those provided for in the Legislative Decree No. 807, the Law concerning the Powers, Rules and Organization of the Indecopi, and the rules which complement or substitute.

Without this limitation, will put an end to the administrative procedure for the resolution of the administrative authority, which declares the inadmissibility of the complaint in the following cases:

(a) If the complainant does not hold the quality of the final consumer, in accordance with the present Code.

(b) If the defendant does not qualify as a supplier, in accordance with the present Code.

c) If not there is a relationship of consumption, in accordance with the present Code.

d) If you've prescribed the faculty of administrative authority to determine the existence of administrative offence.

(e) If there is a lack of legitimacy or interest to work.

f) If the supplier to remedy or correct the conduct constitutive of administrative offence complained of prior to the notification of the allocation of charges. The above not apply in the cases that have been put at risk the life, health or safety of persons or cases of discrimination.

Article 109.- Precautionary measures.

At any stage of the proceedings, of its own motion or at the request of a party, the organ operative may, within the scope of their respective competence, issue one or more of the following precautionary measures aimed at ensuring the enforcement of the final decision:

to. The cessation of the acts subject of the complaint.

b. The confiscation, the deposit or immobilization of the products, labels, packages and any other property which is subject matter of a complaint.

c. The adoption of the necessary measures to ensure that the customs authorities to prevent the entry of the country of the products subject of the complaint.

d. The temporary closure of the establishment of the denounced.

e. Any other action necessary and appropriate in order to safeguard the effectiveness of the final decision of the competent authority, taking into consideration for such purposes, the danger that could lead to the continuation of the conduct complained of or prolongation of their effects.

The organ operative may, if considered relevant, to order a preliminary injunction different to the one requested by the interested party. In case of any hazard present or imminent if it is not taken precautionary measures, the technical secretary may impose them, with charge to account immediately to the commission. The commission ratifies, or lift the injunction imposed. The Organ of Resolving Procedures Sumarísimos in the field of consumer protection has the power to order interim measures.

Article 110.- Administrative sanctions.

The organ of resolving it may sanction administrative offences referred to in article 108 with reprimand and fines of up to four hundred fifty (450) Units Tax Taxation (ITU), which are scored in the following way:

to. Minor infringements, with a reprimand or a fine of up to fifty (50) ITU.

b. Serious violations, with a penalty of up to one hundred and fifty (150) ITU.

c. Very serious violations, with a penalty of up to four hundred fifty (450) ITU.

In the case of micro-enterprises, the fine may not exceed ten percent (10%) of sales or gross income received by the offender, for all its economic activities, for the year immediately preceding the issuance of the resolution of first instance, provided that it has been established that such income is not in a situation of recidivism and the case does not look on the life, health or integrity of the consumers. For the case of small businesses, the fine may not exceed twenty percent (20%) of sales or gross income received by the offender in accordance with the requirements identified above. The amount of the fines for the violations provided for in the Legislative Decree No. 807, the Law concerning the Powers, Rules and Organization of the Indecopi, is governed by the provisions of this rule, except different layout of this Code.

In the event that the supplier fails to comply with a settlement agreement or any other agreement that is indisputable record of the manifestation of the express will of the parties to submit the dispute, or an arbitral award, the court resolving may be sanctioned with a fine of between one (1) Unit Tax Tax and two hundred (200) Units Tax Tax. For graduation observed the criteria established in this Code and in their absence, the criteria established by Law No. 27444, the Law on General Administrative Procedure or rule that replace or supplement.

The administrative sanctions are imposed without prejudice to the corrective measures ordered by the organ operative and the civil or criminal liability as appropriate.

Article 111.- The responsibility of the administrators

Exceptionally, and in view of the severity and nature of the offence, the persons engaged in the management, administration or representation of the provider are jointly and severally liable as involved with dolo or culpa inexcusable in the planning, implementation or execution of the administrative offence.

In the cases referred to in the first paragraph, in addition to the penalty, at the discretion of the Indecopi, corresponds to impose on violators, they can impose a fine of up to five (5) Units Tax Taxation (ITU) to each of their legal representatives or the people who comprise the management or administrative organ as determine your liability in such violations.

Article 112.- Graduation criteria of the administrative sanctions

The graduate the punishment, the Indecopi may take into consideration the following criteria:

1. The illegal benefit expected or obtained by the realization of the infringement.

2. The probability of detection of the violation.

3. The damage resulting from the violation.

4. The effects that the infringing conduct may be generated in the market.

5. The nature of the harm caused or degree of impairment of life, health, integrity or property of the consumer.

6. Other criteria, depending on the particular case, it's appropriate to adopt.

Are considered aggravating circumstances special to, the following:

1. The recidivism or repeated failure to comply, as the case may be.

2. The conduct of the offender during the procedure which violates the principle of conduct procedural.

3. When the offending conduct has put you at risk or damage to health, life or safety of the consumer.

4. If the supplier, having knowledge of the infringing conduct, fail to adopt the necessary measures to avoid or mitigate its consequences.

5. When the offending conduct has affected the collective interest or diffuse consumers.

6. Other circumstances of features or effects equivalent to those listed above, depending on each particular case.

It is considered to be extenuating circumstances for special, the following:

1. The cure voluntary on the part of the provider of the act or omission imputed as alleged infringement administrative, prior to the notification of the allocation of charges.

2. The presentation by the provider of a proposed compromise that matches the corrective measure ordered by Indecopi.

3. When the provider proves to have concluded with the illegal conduct as soon as he had knowledge of the same and to have initiated the necessary actions to remedy the adverse effects of the same.

4. When the supplier confirming that he has an effective program for the enforcement of the regulation contained in the present Code, which takes into account the following:

to. The involvement and support of part of the principal officers of the company to such a program.

b. The program has a policy and procedures for the compliance of the provisions contained in the Code.

c. There are internal mechanisms for the education and training of its staff in the performance of the Code.

d. The program has mechanisms for monitoring, auditing and reporting of any breaches.

e. That has mechanisms to discipline internally any breaches of the Code.

f. Any breaches are isolated and do not follow a repetitive conduct.

5. Other circumstances of features or effects equivalent to those mentioned above, depending on each particular case.

Article 112.- Graduation criteria for administrative penalties.

The graduate the punishment, the organ of solution you can take into consideration the following criteria:

1. The illegal benefit expected or obtained by the realization of the infringement.

2. The probability of detection of the violation.

3. The damage resulting from the violation.

4. The effects that the infringing conduct may be generated in the market.

5. The nature of the harm caused or degree of impairment of life, health, integrity or property of the consumer.

6. Other criteria, depending on the particular case, it's appropriate to adopt.

Are considered aggravating circumstances special to, the following:

1. The recidivism or repeated failure to comply, as the case may be.

2. The conduct of the offender during the procedure which violates the principle of conduct procedural.

3. When the offending conduct has put you at risk or damage to health, life or safety of the consumer.

4. If the supplier, having knowledge of the infringing conduct, fail to adopt the necessary measures to avoid or mitigate its consequences.

5. When the offending conduct has affected the collective interest or diffuse consumers.

6. Other circumstances of features or effects equivalent to those listed above, depending on each particular case.

It is considered to be extenuating circumstances for special, the following:

1. The presentation by the provider of a proposed settlement conference within the administrative procedure that matches the corrective measure ordered by the court resolving.

2. When the provider proves to have concluded with the illegal conduct as soon as he had knowledge of the same and to have initiated the necessary actions to remedy the adverse effects of the same.

3. In office procedures instituted by a complaint, when the supplier acknowledges that the imputations or comply to the demands of the consumer to be notified with the resolution to start the procedure, is given by the procedure is completed with the determination of the supplier's liability and the imposition of corrective action is appropriate. May be imposed as a sanction a warning if the provider performs a search, or recognition with the presentation of the above disclaimers; otherwise, the sanction will be pecuniary. In those cases in which the search warrant or recognition be seen on disputes relating to acts of discrimination, acts contrary to the life and health and hazardous substances, is considered as a mitigating factor, but the sanction will be pecuniary. In all cases of breaking and entering, and recognition are formulated with the presentation of the above disclaimers, exonerated the respondent the payment of the costs of the proceedings, but not on the coast.

4. When the supplier confirming that he has an effective program for the enforcement of the regulation contained in the present Code, which takes into account the following:

to. The involvement and support of part of the principal officers of the company to such a program.

b. The program has a policy and procedures for the compliance of the provisions contained in the Code.

c. There are internal mechanisms for the education and training of its staff in the performance of the Code.

d. The program has mechanisms for monitoring, auditing and reporting of any breaches.

e. That has mechanisms to discipline internally any breaches of the Code.

f. Any breaches are isolated and do not follow a repetitive conduct.

5. Other circumstances of features or effects equivalent to those mentioned above, depending on each particular case.

Article 113.- Calculation and reduction of the amount of the fine

To calculate the amount of the fines to be applied, it uses the value of the Taxing Unit for Tax (ITU) in effect on the date of actual payment, or on the date becomes effective the enforced collection. The fines are in their integrity, own resources of the Indecopi, without prejudice to the provisions of article 156.

The applicable fine is lowered in a twenty-five percent (25%) when the offender cancel the amount of the same prior to the completion of the term for appeal against this decision put an end to the instance and not get any recourse against such resolution.

Article 114.- Corrective action

Without prejudice to the administrative penalty that corresponds to the provider by a violation of this Code, the Indecopi may dictate, in quality of mandates, corrective action, remedial and complementary.

Corrective action repair may be issued at the request of a party or ex officio, if and when they are explicitly informed about this possibility in the notice of charge to the supplier by the authority in charge of the process.

The corrective measures are complementary can be issued ex officio or at the request of a party.

Article 115.- Corrective action repair.

115.1 The remedial measures remedial have the object is to compensate the property consequences of direct and immediate caused to the consumer by the administrative offence to its previous state. In case the organ of resolving issued by one or more corrective measures, should be considered agreed to by the parties during the relationship of consumption. Corrective action repair may be in order the offending supplier the following:

to. Repair products.

b. Change products for others of the same or similar characteristics, when repair is not possible or not is reasonable under the circumstances.

c. Deliver a product of identical characteristics or, where this is not possible, of similar characteristics, in the event of loss or damage attributable to the supplier and provided that there is consumer interest.

d. Comply with run the provision or obligation assumed; and if this is not possible or not reasonable, another of equivalent effect, including benefits in cash.

e. Meet run other benefits or legal obligations or contractual charge.

f. Return the consideration paid by the consumer, plus statutory interest relevant, when the repair, replacement, or enforcement of the provision or obligation, as the case may be, it is not possible or not reasonable under the circumstances.

g. In the cases of improper payments to or in excess, the return of these amounts, plus interest.

h. To pay the expenses incurred by the consumer in order to mitigate the consequences of the administrative offence.

i. Other remedial measures, similar effects are equivalent to the above.

115.2 The remedial measures remedial cannot be applied cumulatively joint, and may require alternative, or a subsidiary, with the exception of the corrective action indicated in the literal h) that can be claimed in conjunction with any other corrective measure. When the competent bodies of the Indecopi are pronounced in respect of a remedy, restorative, apply the principle of congruence procedure.

115.3 Corrective action repair can be requested at any time prior to the notice of charge to the supplier, without prejudice to the ability of the technical secretariat of the commission to require the consumer that require corrective action field of application. The consumer can vary your request for corrective action prior to the decision of the first instance, in which case it confers transfer to the supplier to provide its disclaimer.

115.4 Corresponds to the consumer asks for the dictation of corrective action restorative prove the property consequences of direct and immediate caused by the commission of the administrative offence.

115.5 Property or amounts subject to corrective measures and restorative are delivered by the supplier directly to the consumer that the claims, unless mandate different content based on the resolution. Those goods or amounts that are the subject of a remedy, restorative, who for some reason are in the possession of the Indecopi and must be delivered to the consumers benefit, are placed at the disposal of these.

115.6 The end of the final resolution that enjoins the enforcement of a remedy, restorative to the consumer's favour is enforceable in accordance with the provisions of article 688 of the Code of Civil Procedure, once they are consenting or cause state in the administrative. The legitimacy to act in the civil processes of execution corresponds to the consumers benefit from the corrective measure restorative.

115.7 Corrective measures-repair as a command addressed to compensate the property consequences of direct and immediate result from the violation seek to correct the offending conduct and not in the nature by way of compensation; they are issued without prejudice to compensation for the damages that the consumer can request in the courts or arbitration corresponding. However withheld from the compensation heritage that satisfaction heritage deductible that the consumer has received as a result of the issuance of a corrective action restorative administrative headquarters.

Article 116.- Corrective measures complementary

The corrective measures are complementary with the purpose of reversing the effects of the offending conduct, or to prevent this from occurring again in the future and can be, among others, the following:

to. That the supplier complies with addressing the application of information required by the consumer, provided that such a requirement is related to the purchased product or service contracted for.

b. Declare unenforceable clauses that have been identified as abusive in the procedure.

c. The seizure and destruction of goods, containers, wrappers, or labels.

d. In case of very serious offences and recidivism or reiterancia:

(i) Apply to the authority for the temporary closure of the establishment for industrial, commercial or service for a maximum period of six (6) months.

(ii) Request the competent authority of the injunction, temporarily or permanently, the service provider depending on the scope of the offense penalized.

e. Publication of notices rectificatorios or informative in the manner determined by the Indecopi, taking into consideration the ways that are appropriate to reverse the effects of the act subject to penalty has been incurred.

f. Any other corrective measure that has the aim of reversing the effects of the offending conduct, or to prevent this from occurring again in the future.

Indecopi is entitled to apply to the local authority and police support respective for the implementation of the corrective measures complementary to corresponding.

Article 117.- Coercive fines for non-compliance mandates

If the person required to comply with a mandate of Indecopi respect to a corrective measure or a preliminary injunction does not, it is imposed a pecuniary penalty of not less than one (1) Unit Tax Tax, in the case of a micro-enterprise; in all other cases it shall be imposed a fine of not less than three (3) Units Tax Taxation (ITU).

In the event of continued non-compliance of any of the mandates referred to in the first paragraph, the body of resolving may impose a fine new, doubling up on the amount of the latest fine imposed up to the limit of two hundred (200) Units Tax Taxation (ITU). The fine applicable is to be paid within a period of five (5) business days, after which was ordered to be enforced collection.

There is No impeachment of the periodic penalty payments provided for in this article.

Article 118.- Coercive fines for non-payment of court fees and costs

If the person required to comply with the order of payment of costs and the costs to do so imposes a fine of not less than one (1) Unit Tax Taxation (ITU).

In the event of continued non-compliance with what is ordered, the body of resolving may impose a fine new, doubling up on the amount of the latest fine imposed up to the limit of fifty (50) Units Tax Taxation (ITU). The fine applicable is to be paid within a period of five (5) business days, expired, which was ordered to be enforced collection.

There is No impeachment of the periodic penalty payments provided for in this article.

Article 119.- Record of violations and penalties

Indecopi keeps a record of violations and sanctions to the provisions of this Code with the purpose of contributing to the transparency of transactions between suppliers and consumers and guide them in their decision making of consumer. Providers that are sanctioned by firm resolution in administrative headquarters are automatically registered for the period of four (4) years from the date of such resolution.

The log information is accessible to the public and free of charge.

Article 120.- Confiscation of goods and the destination of the same

In the case of an order for the confiscation of products, whether temporarily or permanently, and these are deposited in the place that, to that effect, point to the Indecopi, account, cost, and risk of the offender, and should be designated to the custodian in the act of diligence. The depositary, upon accepting the position, is instructed in their duties and responsibilities. The expenses incurred by the party bringing the case to the confiscation of products are considered costs of the procedure.

Consensual resolution of first or second instance, or confirmed by the Judiciary, the products comisados are awarded by the Board of Directors of the Indecopi to state entities that develop tasks or programs of social support, the Ministry of Women and Social Development, its units executing, the National Council for the Integration of the Person with a Disability or institutions, private non-profit or charitable activities, which should ensure that such products are not marketed. In case of violating the health or the public order, the products must be destroyed.

Article 121.- Period of prescription of the administrative offence

Violations of this Code may expire after two (2) years counted from the day on which the infringement was committed, or from which it stopped, if it was a continuing violation.

For the computation of the period of limitation or suspension is applied to the provisions of article 233 of the Law no. 27444, the Law on General Administrative Procedure.

Article 122.- Prescription of the penalty

The action that the administrative authority may require the enforcement of sanctions imposed for violations of this Code prescribes three (3) years counted from the day following that on which the resolution imposing the sanction is firm.

Interrupts the prescription of the penalty, the initiation, with the knowledge of the person concerned, the procedure of execution enforced. The computation of the period will start again if the enforcement procedure enforced remains paralyzed for more than thirty (30) days for reasons not attributable to the offender.

The limitation is suspended when the order was issued as a precautionary measure or attend any other equivalent position that prevents the start or suspend the enforcement procedure enforced.

Article 123.- Collection of information by the authority

The technical secretary and the Commission of Consumer Protection of the Indecopi are empowered to gather information related to the characteristics and conditions of the products or services that you can buy in the market, with the object of informing the consumer to enable you to make an appropriate decision of consumption.

The procedures followed to Indecopi have a public character. To that extent, the technical secretary and the Commission of Consumer Protection of the Indecopi are authorized to provide for the dissemination of information related to the same, provided that they deem relevant in attention to the interests of the consumers, and does not constitute a violation of trade secrets or industrial.

Subchapter III

Procedure summary in the field of consumer protection

Article 124.- Decision-making bodies of procedures sumarísimos of consumer protection

For the purposes of establishing a special procedure of consumer protection of nature célere or agile for the cases where it is required by the amount or the subject matter discussed, the Board of Directors of the Indecopi creates decision-making bodies of procedures sumarísimos of consumer protection, which are attached to the headquarters of the institution at the national level or regional offices where there is a Commission Consumer Protection or a commission with powers desconcentradas in this matter.

Article 125.- The competence of the decision-making bodies of procedures sumarísimos of consumer protection

Each organ of resolving procedures sumarísimos of Consumer protection is competent to hear and determine at first instance administrative complaints for which the amount is determined by the value of the product or service the subject of controversy, not to exceed three (3) Units Tax Taxation (ITU); as well as to those allegations based solely on violations of settlements, lack of attention to claims and information requirements, methods, abusive debt collection, delay and non-delivery of the product, regardless of its amount.

It is also competent to know the procedures for breach of corrective action, breach of injunction and breach and settlement of payment of court fees and costs. Can't understand complaints involving claims for products or hazardous substances, acts of discrimination or differential treatment, medical services, acts that affect collective interests or diffuse, and dealing with products or services whose estimated wealth exceeds three (3) Units Tax Taxation (ITU) or are invaluable in money.

The Commission of Consumer Protection of the Indecopi or the commission with powers desconcentradas in this matter, as applicable, is the second-instance administrative procedure in this procedure summary, which is dealt with under the rules established by this subchapter and for the directive to this effect must approve and publish the Board of Directors of the Indecopi.

The resolution issued by the appropriate Commission exhausted the administrative remedies and may be questioned by the contentious-administrative process.”

Article 126.- Rules for the handling of the summary of consumer protection

The procedure using summary proceedings under this subchapter develops its processing in accordance with the following rules:

to. Must be processed and resolved within a maximum period of thirty (30) days for instance in enforcement of the rules set out in this Code, including those that provide for offences and enabled the imposition of penalties, fines and corrective measures to be of supplementary application of the provisions of the Single Procedure provided for in Title V of Legislative Decree No. 807, the Law concerning the Powers, Rules and Organization of the Indecopi in everything that does not contradict his nature, and speed.

b. We offer only evidence documentaries with the filing of the complaint, the notice of disclaimers, the appeal or in his acquittal, as appropriate, without prejudice to the right of the authority to require, ex officio, the performance of any evidence of a different nature.”

Article 127.- Designation of the head of the decision-making bodies of procedures sumarísimos of consumer protection

The Organ of Resolving Procedures Sumarísimos Protection the Consumer is in charge of a chief, with technical autonomy and functional, which is appointed by the Board of Directors of the Indecopi and that resolves in the first instance administrative procedures sumarísimos initiated at the request of a party, in accordance with the present provision. For appointment and removal are the rules of the Legislative Decree no. 1033, which regulate the appointment and vacancy of the commissioners.

Other procedural provisions that are necessary are approved by the Board of Directors of the Indecopi, becoming its president the power to take administrative actions, and personnel required for the implementation and functioning of the decision-making bodies of procedures sumarísimos of consumer protection, at national level.

TITLE VI

COLLECTIVE DEFENCE OF THE CONSUMER

Article 128.- Collective defence of the consumer

The exercise of the actions in defence of the rights of the consumer can be done individually or in the interest of the collective or diffuse consumers. For these purposes, it is understood:

to. Collective interest of consumers.- They are actions that are promoted in defence of common rights to a particular set or determinable consumers who are linked with a provider and that can be grouped within the same group or class.

b. Diffuse interest of consumers.- They are actions that are promoted in defense of a set indeterminate to affected consumers.

Article 129.- Administrative procedures in the collective defense of consumers

Consumer associations duly recognized by Indecopi are entitled to lodge complaints before the Commission on Consumer Protection and to the other functional organs competent Indecopi, in defence of collective or diffuse the consumer or are potentially affected.

The functional organ competent Indecopi qualifies the complaint and other elements, and decides on the commencement of the administrative proceeding in collective defence of the consumer. In the same way, on his own initiative, you can start this type of procedure, or to continue in office any other when you consider that you may be feeling the collective interest of consumers.

Consumer associations duly recognized are also entitled to lodge a complaint in defense of diffuse interests or collective before the regulators of public services.

Article 130.- Judicial proceedings for the defense of diffuse interests of consumers

Indecopi is entitled to promote ex officio judicial proceedings related to the matters within its competence, in defense of the diffuse interests of consumers, in accordance with article 82 of the Code of Civil Procedure. Consumer associations duly recognized can promote such processes, subject to the provisions of article 82 of the Code of Civil Procedure.

Article 131.- Judicial proceedings for the defence of collective interests of consumers

131.1 Indecopi is empowered to promote processes in defence of collective interests of consumers, which are dealt with in the way sumarísima, will be applied, as applicable, the provisions of article 82 of the Code of Civil Procedure. Also, the Indecopi may delegate the power referred to in this paragraph, the consumer associations duly recognized, as long as they have adequate representation and proven track record.

In both cases, there are application deadlines, rules, regulations, conditions or restrictions established by a Regulation approved by Supreme Decree.

131.2 In these processes can accumulate the claims of compensation for damage, repair or replacement of product, reimbursement of amounts unduly paid and, in general, any other pretense necessary to protect the interest and rights of consumers affected, keep connecting with those.

131.3 The judge conferred by transfer of the claim the same day that you made the publications which are referred to in article 82 of the Code of Civil Procedure. Indecopi represents all consumers affected by the facts on which is based the request if those do not indicate, expressly and in writing of your desire not to enforce its right or do it separately, within a period of thirty (30) days of made such postings.

131.4 Once consented, or when final judgment that orders the fulfilment of the obligation sued, it is charged by Indecopi, which then prorated amount or a candle by its execution among consumers who apersonen before this body, proving to be the owners of the rights discussed in the process.

131.5 After a period of one (1) year from the date on which the Indecopi cobra effectively the compensation, the balance is not claimed to be allocated to a special fund for the financing and the dissemination of the rights of the consumer, of information that is relevant to them and the system of sponsorship on consumer interests.

131.6 By supreme decree establishing the scope and mechanisms to perform the appropriate use of the fund referred to in paragraph (131.5 and for the promotion of the sponsorship of interests of the consumers. It also regulates the procedures of distribution of the amount obtained or the execution of the obligations in favour of the affected consumers.

131.7 Without prejudice to what is established in the previous paragraphs, the Indecopi may represent the individual interests of consumers before any public authority or any other person or private entity, it being sufficient for the existence of a simple letter of authorization signed by the affected consumer. Such power enables the Indecopi to enforce and execute any right of the consumer in question.

131.8 The associations of consumers empowered by Indecopi that promote these processes need to be carried out using the same procedure, what they are applicable and in accordance with the supreme decree that regulates the legal processes for the collective interests of consumers and the fund referred to in paragraph (131.5.

TITLE VII

INTEGRATED NATIONAL SYSTEM OF CONSUMER PROTECTION

Chapter I

Integrated National system of Consumer Protection

Article 132.- Creation of the Integrated National System of Consumer Protection

The Integrated National System of Consumer Protection as the set of principles, standards, procedures, techniques and instruments intended to align public policies with the aim of optimizing the performances of the State administration to ensure compliance with the rules for the protection and defense of the consumer in all over the country, in the framework of the powers and autonomy of each of its members.

Article 133.- National council of Consumer Protection

The National Council of Consumer Protection is a coordinating body in the field of the Presidency of the Council of Ministers and is chaired by the National Institute for Defense of Competition and Protection of Intellectual Property (Indecopi), in its quality of National Authority for Consumer Protection and governing entity of the system. Is integrated in addition to for:

to. One (1) representative of the Ministry of Production.

b. One (1) representative of the Ministry of Health.

c. One (1) representative of the Ministry of Transport and Communications.

d. One (1) representative of the Ministry of Education.

e. One (1) representative of the Ministry of Housing, Construction and Sanitation.

f. One (1) representative of the Ministry of Economy and Finance.

g. One (1) representative of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds.

h. One (1) representative of the regional governments.

i. One (1) representative of local governments.

k. One (1) representative of the regulators of public services.

l. Three (3) representatives of consumer associations.

m. One (1) representative of the trade unions.

n. One (1) representative of the Ombudsman's office, which acts as an observer.

For the application of what is stated in the present article, will dictate the regulatory measures by which it establishes the mechanisms for the proposal and appointment of the representatives of the organizations and guilds.

Participation in the National Council of Consumer Protection is ad honórem, it does not generate any payment, or diet, fee or remuneration by the State on behalf of its members.

Article 134.- Functions of the National Council of Consumer Protection

Are functions of the National Council of Consumer Protection executed in coordination with the National Authority for Consumer Protection the following:

to. To propose and to harmonize the national policy of protection and defense of the consumer, as well as the National Plan for the Protection of Consumers, which must be approved by the Presidency of the Council of Ministers.

b. Make recommendations on the prioritization of actions in specific sectors of consumption and the generation of rules on the protection of consumers.

c. Opinion on projects and programs in the field of consumer protection, which is submitted to it for consideration.

d. Promote the creation of a system of information and guidance to consumers, with a national scope, in coordination with other public and private sectors.

e. To promote the creation of the system of information on legislation, case law and other decisions and actions relevant in the field of consumer relations.

f. Promote the system of alert and action timely against products and services that are hazardous are detected in the market.

g. To evaluate the effectiveness of the mechanisms for conflict prevention and resolution in consumer relations, with the increasing involvement of local and regional governments that have been accredited by the National Authority for Consumer Protection for such a function.

h. Channel the communication between the public and private sector in order to promote a culture of protection of the rights of consumers and to achieve a joint vision on the actions necessary to do so.

i. Promote and support citizen participation, through associations of consumers, who can manage before the other organs of the State and bodies of co-funding for their activities and performance.

Article 135.- National authority for Consumer Protection

The National Institute for Defense of Competition and Protection of Intellectual Property (Indecopi), as the National Authority for Consumer Protection, exercises the powers and functions conferred upon the laws to ensure compliance of the provisions contained in this Code, without prejudice to the powers and autonomy of the other members of the system.

Article 136.- Functions of the National Authority for Consumer Protection

Without prejudice to the powers and functions set out in the legal system in force, the functions of the Indecopi, as the National Authority for Consumer Protection, the following:

to. Run the national policy of consumer protection and the National Plan for the Protection of Consumers.

b. Propose the regulations in the area of consumption, with the opinion of the sectors of production and consumption.

c. Formulate and execute the actions necessary to strengthen the protection of the consumer and the mechanisms for the defence of their rights.

d. Implement the mechanisms for the prevention and settlement of conflicts in the relations of consumption, in accordance with the scope of their competence.

e. To implement the system of information and guidance to consumers on a national scope.

f. Coordinate the implementation of the system of information on legislation, case law and other decisions and actions relevant in the field of consumer relations.

g. Coordinate the implementation of the alert system and performance timely against products and services that are hazardous are detected in the market.

h. Prepare and submit the annual report of the state-of-the protection of consumers in the country as well as their indicators.

i. Coordinate and preside over the functioning of the Integrated National System of Consumer Protection.

In his capacity as the principal entity of the system, issue directives for the operation of the same, respecting the autonomy technical-normative, functional, administrative, economic and constitutional, as appropriate, of the members of the Integrated National System of Consumer Protection.

Chapter II

Justice of consumption

Subchapter I

System of Arbitration of Consumer

Article 137.- Creation of the System of Arbitration of Consumer

The System of Arbitration of Consumer with the aim of solving a simple, free, fast and with a binding nature, the conflict between consumers and providers.

Article 138.- The arbitration boards

The National Authority for Consumer Protection is the arbitration boards in each town, in coordination with regional and local governments, to enable them to organize the system and encourage it among the market players and consumers.

Article 139.- Organs arbitration

The bodies arbitration are responsible for resolving consumer disputes. Are integrated by the arbitrators nominated by the representatives of the business sector stakeholders, and consumer organizations and users, and the administration.

Article 140.- Voluntary

The submission of the parties to the Consumer Arbitration System is voluntary and must be in writing or in any other reliable means.

Article 141.- Distinctive System of Arbitration of Consumer

The suppliers that adhere to the System of Arbitration of Consumer you are hereby licensed to use in your advertising, display cabinets, letterhead and other media are a distinctive specially created, so that the public can identify them as part of the system of conflict resolution.

Article 142.- General guidelines for the harmonization of criteria

The National Authority for Consumer Protection is responsible for setting the general guidelines of interpretation of the rules for establishing an information system in a timely and efficient order to align legal criteria in all the consumer arbitration boards at the national level.

Article 143.- Collective interests

The submission of a dispute to arbitration, conciliation or mediation does not preclude the competent authority based on the same facts as evidence of a violation to the rules of this Code and to start investigations and proceedings ex officio by his own initiative aimed at the protection of the collective interest of consumers.

The existence of an arbitration procedure, in which we discuss the possible involvement of the particular interest of a consumer, in the facts similar to those which are the subject of a procedure for the assignment of collective interests, not prevent or hinder the passage of this last.

In any case, and even when in the mediation or conciliation the parties to arrive at an agreement, the competent authority may initiate on its own initiative or continue its proceedings, if the analysis of the facts considered that may be affected collective interests.

Article 144.- Enforceability of arbitral awards and agreements

The award rendered by the arbitration firm and the minutes signed by the parties containing a settlement agreement entered into between the consumer and provider, in accordance with the mechanisms outlined in this chapter, constitute title to executive, pursuant to the provisions of article 688 of the Code of Civil Procedure.

The breach of a settlement agreement or award a contract between consumer and provider constitutes a violation of this Code. In these cases, if the person required to comply with an agreement or award does not, it is imposed automatically a penalty of up to the maximum penalty allowed, for whose graduation is to take into account the criteria set out in article 112 of this Code. This fine must be paid within a period of five (5) days of the notification, the expiry of which was ordered to be enforced collection. If the required persists in the breach, the Indecopi may impose a fine new doubling successive and unlimited liability the amount of the latest fine imposed to comply with what was agreed. The fines don't stop the Indecopi impose a fine or penalty other than at the end of a procedure, to be the case. Also, Indecopi is competent to order the remedial measures set forth in this Code. This article applies to all the settlements valid concluded between the consumer and provider, including those obtained with institutions without agreement with the Indecopi.

Subchapter II

Alternative mechanisms of conflict resolution

Article 145.- Arbitration

The willing submission of the consumer to the consumer arbitration rules out the possibility of it to start an administrative proceeding for infringement of the rules of this Code or which purports to benefit from a remedial measure issued by the authority of consumption in the procedures that it can be followed for the protection of the public interest of the consumers.

Article 146.- Arbitral award

The arbitral award is issued in a consumer arbitration is not binding for the administrative authority to initiate or continue an ex-officio administrative proceeding and in defense of the public interest of the consumers.

Article 147.- Conciliation

Consumers can reconcile the controversy originated with the provider prior to and even during the pendency of the administrative proceedings for infringement of the provisions of the consumer protection referred to in this Code.

The representatives of the authority of consumption authorized to that effect, it can promote the conclusion of the administrative procedure by conciliation.

In conciliation, the official in charge of conducting the hearing, the preliminary analysis of the case, you can try to bring closer the positions of the parties to seek a settlement between them or, alternatively, he proposed a formula of conciliation in accordance with the facts that are the subject of controversy in the procedure, which is evaluated by the parties in this act to state your position or alternatives in this regard. The proposed compromise does not generate the responsibility of the person in charge of due diligence or of the administrative authority, and must record it in the minutes as well as the proposed formula.

Article 147-A. Consequences of the failure to attend the conciliation hearing

147-A. 1 The supplier who, having been duly notified, does not justify their failure to attend within twenty-four hours of the scheduled date for the hearing is liable to a fine equivalent to thirty percent (30%) of a unit tax taxation (ITU).

147-A. 2 At the request of a party, and within 48 hours after the first invitation to the audience, pointing to a new day and time to the second invitation to the conciliation hearing, the same that is set within five business days following the first invitation notified with the budgets set out in article 147 of the Code of Civil Procedure.

147-A. 3 The unjustified absence of the provider to the second invitation terminating the conciliation and generate in the future administrative procedure, a special aggravating circumstance, in accordance with the provisions of paragraph 6 of article 112 of the Code.

147-A. 4 The justification of absence of any of the parties only appropriate if it is credited disease, act of god or force majeure.

147-A. 5 In the event that the consumer claimant is the one who does not attend for the second time at the conciliation hearing, or he would not have fully justified the reason for your absence, you are deemed to have given up his claim.

147-A. 6 For the purposes of this article, the Law 26872, Reconciliation Act, is of supplementary application.

Article 148.- Mediation

Consumers can submit to mediation, the controversy which had arisen with the provider prior to the handling of an administrative proceeding for infringement of the provisions of this Code.

Article 149.- Act of mediation

The proposal that could arise from the defendant does not constitute recognition of the facts, unless it be stated expressly.

Subchapter III

The book claims

Article 150.- Complaints book

Commercial establishments must have a complaints book, in the form of physical or virtual. The regulation lays down the conditions, assumptions and other specifications for the fulfillment of the obligation referred to in this article.

Article 151.- Exhibition of the book of claims

For the purposes of article 150, commercial establishments must display, in a visible and easily accessible to the public, a notice indicating the existence of the book of claims, and the right of consumers to request this when they deem it appropriate.

Article 152.- Delivery of the book of claims

Consumers can demand the delivery of the book claims to formulate your complaint or claim in respect of the products or services offered. Commercial establishments have the obligation to respond to claims and complaints within the time limit set in article 24.1 of this code and send to the Indecopi the documentation corresponding to the Book of Claims when this is required. In the disciplinary proceedings, the provider reported must submit the copy of the complaint or claim in respect thereof together with their releases.

Chapter III

Consumer associations

Article 153.- Role of consumer associations

153.1 Consumer associations are organizations that are in accordance with the rules laid down for that purpose in the Civil Code. Its purpose is to protect, defend, inform and represent consumers and users.

153.2 Consumer associations recognized by Indecopi are entitled to file claims and complaints to the Committee on Consumer Protection and other functional organs competent Indecopi on behalf of its members and of the people who have been given power to that effect, as well as in the defence of collective interests or diffuse consumers.

153.3 In the judicial branch can promote processes in defense of the interests diffuse or collective consumer, subject to the provisions of sections 130 and 131.

153.4 The legitimacy of the consumer associations also extends to act on behalf of its members and of the people who have been given power to the regulators of public services in the processes in the field of consumer protection, as well as in defense of the diffuse interests or groups of consumers.

153.5 By resolution of the Board of Trustees of the Indecopi sets out the functional organs competent to that referred to in paragraph (153.2.

Article 154.- Prohibitions for consumer associations

For the purposes of the independence and transparency of the associations of consumers, these may not:

to. Include as associated entities with for-profit.

b. Perceiving funding of the suppliers that sell products and services.

c. Engage in activities other than its intended or incompatible with it.

d. Allocate public funds delivered by way of fines for a purpose other than the one assigned.

e. Act with overt recklessness presenting complaints malicious duly sanctioned in the administrative or judicial.

f. Breach of the provisions established by this Code or of the resolutions issued by the Board of Directors of the Indecopi on the matter.

g. The breach of any of these provisions is punishable by Indecopi by violation to the rules of consumer protection, in accordance with article 106, with the suspension or cancellation of registration special for a period of two (2) years, prior to proceeding, taking into account the severity or repeated breach of the provisions laid down for these purposes.

Article 155.- Recognition and registration of associations of consumers

For the recognition of associations of consumers, they must be registered in the special register by Indecopi, and meet the following requirements:

to. Be recorded in the public records.

b. Have the purposes set out in article 153, either of a general nature, either in relation to particular goods or services.

c. Any obligation other than that set the Indecopi on the particular or in coordination with the regulators of public services.

Indecopi set by resolution of the Board of Trustees of the mechanisms for the registration of associations of consumers in the special register.

Article 156.- Conventions of institutional cooperation

156.1 Indecopi and the regulators of public services may enter into agreements for institutional cooperation with consumer associations recognized and duly registered in the special register. The signing of the agreement of cooperation institutional grants the possibility that the Indecopi and the regulators of public services to provide that a percentage of the administrative fines imposed on the processes promoted by these associations, consumers will be delivered. In each case, the percentage may not exceed fifty percent (50%) of the fine imposed and is public funds.

156.2 The percentages deliverables to the consumer associations should be used to implement specific actions for the promotion and defense of the interests of consumers and to an amount not greater than five percent (5%) of the percentage that is given can be used for its operation for the purposes of the development of your purpose, under the conditions laid down in the regulation.

156.3 Corresponds to the office of the Comptroller General to monitor consumer associations to devote the resources raised by the concept of fine for the purposes identified in paragraph (156.2. The breach of this order leads to resolve the Convention of Institutional Cooperation and to initiate administrative actions and criminal proceedings.

156.4 The requirements for the conclusion of agreements and the delivery of funds to comply with the purpose assigned are set by Indecopi and the regulators, respectively, by resolution of the Board of Directors.

Article 157.- Criteria for graduation from the percentage deliverable of the fine imposed

At the time of determining the percentage of the administrative fines to be delivered to the consumer associations in the proceedings that have been instituted by them, the competent authority must assess, as a minimum, the following criteria:

to. Research work developed by the association of consumers prior to the filing of the complaint.

b. Participation of the association of consumers during the procedure started.

c. Transcendence in the market of the alleged offending conduct complained of, economic impact and damage caused prior to, or that may be caused to potential consumers in relation to the same.

d. Others who are determined on the specific analysis of each procedure.

Article 158.- Responsibility of the association and their legal representatives

In the event of damage to the supplier by complaint malicious, are jointly and severally liable for the harm caused both the association as the legal representatives of this that participated with intent in the planning or execution of the complaint.

In the event of damage to the consumer by the evil actions of the association, are responsible for both the association and the representatives who participated with wilful misconduct or negligence in it, in accordance with the rules of the Civil Code.

Article 159.- Supplementary application for the public services

The rules contained in this chapter shall apply suppletorily to the provisions of the regulators of public services.

Chapter IV

Quality and standardization in the production of goods and services

Article 160.- Promotion of technical standards peruvian

The State promotes the quality of the products and services by encouraging standardization across the Technical Standards in Peru.

ADDITIONAL PROVISIONS TO THE END

FIRST.- Implementation and execution of the Integrated National System of Consumer Protection and of the System of Arbitration of Consumer

The implementation and execution of the Integrated National System of Consumer Protection and of the System of Arbitration of Consumer are subject to the institutional budget of the entities involved without demanding additional resources to the Public Treasury.

SECOND.- Competition in services management of pension funds

According with the provisions of the act and the regulations issued on the particular, the Superintendency of Banking, Insurance and Administrators of Private Pension Funds resolved exclusively disputes of consumers affiliated to an administrator at a private pension fund or insurance company in products or markets related to the Private Pension System and are linked to the topics detailed in titles IV, V and VII of the Compendium of Rules of Superintendence Regulatory System of Private Pension Funds Management and additional rules, which may constitute a violation of the provisions of this Code or to the complementary norms in the field of consumer protection.

To these effects, the Superintendency of Banking, Insurance and Administrators of Private Pension Funds may impose precautionary measures and provide for the implementation of the corrective measures remedial and supplementary detailed in this Code.

Indecopi is competent to hear the case of other disputes of consumers affiliated to an administrator at a private pension fund or insurance company in products or markets related to the Private Pension System that may constitute violations of the provisions of this Code or to the complementary norms in the field of consumer protection, in accordance with the provisions of chapter III of title V. For these purposes, in administrative disciplinary started to Indecopi, for the resolution of which is required to interpret the scope of the rules governing the Private Pension System or to speak about subjects that are related to the operation of the Private Pension System, the functional organ competent Indecopi in charge of the procedure in the first instance, must have the written opinion of the Superintendency of Banking, Insurance and Administrators of Private Pension Funds before issuing its final decision.

THIRD.- Subsequent regulation

In the period of one hundred eighty (180) calendar days from the date of entry into force of the present Law, the Executive branch issued the regulatory provisions of article 37; of the System of Arbitration of Consumer-created in articles 137 to 144; the Record of Violations and Penalties set out in article 119; of the fund for the funding and dissemination of the rights of consumers to that referred to in paragraphs 131.5 and 131.6 article 131; the regulation of the legal procedures for collective interests of consumers referred to in paragraph (131.8 of the article; the article 150 on the book of claims; and the conditions of the destination of the amount for the operation of the consumer associations referred to in paragraph (156.2 of article 156.

FOURTH.- Validity of the Code

This Code goes into effect thirty (30) calendar days counted from the day following that of its publication in the Official Journal El Peruano, with the exception of what is stated in the following paragraphs.

Articles 36 and 37 shall be effective one hundred eighty (180) calendar days from the date of entry into force of the present Code.

Subchapter III of chapter III of title V of the procedure summary in the field of consumer protection act goes into effect sixty (60) calendar days from the date of entry into force of the present Code, and is applicable to the proceedings of that date.

FIFTH.- Actions necessary to ensure the protection of the rights of the consumer to the national level

To adapt the organizational structure of the Indecopi to execute the actions required to strengthen the protection of the consumer, at the national level, in compliance with regulations set forth by this Code, facúltase the Indecopi to execute the actions of personnel and contracting for goods and services that are necessary, but it exempted from the rules on austerity measures, rationality, and discipline in the public expenditure contained in Law no. 29465, Act of Public Sector budgets for Fiscal Year 2010, as well as of the limitations set forth in Law no. 28411, Ley General of the National Budget.

To the same effect, facúltase the Indecopi to run the procurement of goods and services needed, as well as to make any investments, in order to enable the appropriateness provided for in the previous paragraph, being exempted from the limitations provided for in the Emergency Decree no. 037-2010, which establishes measures in the financial and economic fields in the specifications of the National Government for the fulfillment of the goals of fiscal year (fy) 2010.

The actions taken under this provision do not, in any case, changes to the Public Treasury, and shall be financed from resources directly raised. Indecopi is required to report quarterly to the Commission Budget and the General Account of the Republic of the Congress of the Republic and the office of the Comptroller General of the Republic about the actions performed in the framework of this provision.

This provision comes into effect on the day following the publication of this Code in the Official Journal El Peruano.

SUPPLEMENTARY PROVISIONS AS AMENDED

FIRST.- Amendment of article 38 of Legislative Decree no. 807

Modifícase article 38 of Legislative Decree no. 807, the Law concerning the Powers, Rules and Organization of the Indecopi, with the following text:

“Article 38.- The only resource impugnativo that may be filed during the pendency of the procedure is the appeal, that comes only against the resolution, which puts an end to the instance, against the resolution that imposes fines and against the resolution that dictates a precautionary measure. The time limit for lodging such an appeal is five (5) business days. The appeal of decisions that put an end to the instance is granted suspensive effect. The appeal of fines is granted suspensive effect, but it is processed in a separate notebook. The appeal of precautionary measures granted without suspensive effect, still under discussion also at separate notebook.”

SECOND.- Addition of paragraph 19.4 of article 19 of the Law on the Organization and Functions of the National Institute for Defense of Competition and Protection of Intellectual Property (Indecopi)

Adiciónase paragraph 19.4 of article 19 of the Law on the Organization and Functions of the National Institute for Defense of Competition and Protection of Intellectual Property (Indecopi), approved by Legislative Decree no. 1033, with the following text:

“19.4 In those cases that are subject to review by the competent court the legality and compliance with the rules laid down for the onset and process of execution procedure enforced by way of a petition for judicial review, the execution enforced only be suspended if the fulfillment of the obligation is guaranteed by letter, a bond, which must meet the same requirements to those listed in article 35 of the Regulations of Organization and Functions of the Indecopi, approved by Supreme Decree no. 009-2009-PCM.”

THIRD.- Amendment to article 7 of Legislative Decree no. 807

Modifícase article 7 of the Legislative Decree no. 807, the Law concerning the Powers, Rules and Organization of the Indecopi, with the following text:

“Article 7.- In any litigation followed before the Indecopi, the commission or competent leadership, in addition to imposing the penalty, may order the offender to assume the payment of the costs and process costs incurred by the complainant or the Indecopi. In case of breach of the order for payment of costs and the costs of the process, any commission or address of the Indecopi may apply penalties according to the criteria provided for in article 118 of the Code of Protection and Defence of the Consumer. Who knowing the falsehood of the charge or the absence of reasonable grounds to report to any natural or legal person, attributing to it a punishable offence for any functional organ of Indecopi, shall be punished with a fine of up to fifty (50) Units Tax Taxation (ITU) through a resolution duly motivated. The administrative penalty will be applied without prejudice to the criminal penalty or compensation for damages and losses as appropriate”.

COMPLEMENTARY TRANSIENT

ONLY.- Procedures pending

Violations and administrative procedures initiated before the entry into force of the present Code, are governed by the legislation prior to its conclusion.

SUPPLEMENTARY PROVISIONS REPEAL

FIRST.- Repeal express

Are repealed expressly from the entry into force of this Law the following rules:

– Legislative decree no. 716, On Consumer Protection.

– Law no. 27311, Law of Strengthening the System of Consumer Protection.

– Eighth Additional Provision End of the Legislative Decree no. 1044, Law on the Repression of Unfair Competition.

– Legislative decree no. 1045, Complementary Law of the System of Consumer Protection.

– Supreme decree no. 039-2000-ITINCI, Orderly Unique Text of the Law on Consumer Protection.

– Supreme decree no. 006-2009-PCM, Orderly Unique Text of the Law on the System of Consumer Protection.

– Law no. 27917, Law that Amends and clarifies the Scope of Article 42 of the Orderly Unique Text of the Consumer Protection Act, approved by Supreme Decree no. 039-2000-ITINCI.

– Law no. 28300, Law Amending Article 7-A of the Orderly Unique Text of Legislative Decree no. 716, Law of Consumer Protection.

– Law no. 27846, Law that Precise Scope of article 40 of the Supreme Decree no. 039-2000-ITINCI, Orderly Unique Text of the Law on Consumer Protection.

– Supreme decree no. 077-2010-PCM, which provides for the requirement to have a complaints book in establishments open to the public that provide goods and services to end consumers.

Any reference to Legislative Decree no. 716, or the Supreme Decree no. 006-2009-PCM shall be understood as made to this Code after its entry into force.

SECOND.- Repeal generic

Deróganse all the legislative or administrative provisions, of equal or lower rank, who oppose or contradict the provisions of this Code.

Contact the President of the Republic for promulgation.

In Lima, on the fourteenth day of the month of August, two thousand and ten.

CÉSAR ZUMAETA FLORES
President of the Congress of the Republic

ALDA TIE RIVERS OF HORNUNG
Second Vice president of the Congresode the Republic

THE LORD CONSTITUTIONAL PRESIDENT OF THE REPUBLIC

THEREFORE:

Command post and stick to it.

Given in the House of Government, in Lima, on the first day of the month of September in the year two thousand and ten.

ALAN GARCÍA PÉREZ
Constitutional president of the Republic

JAVIER VELASQUEZ QUESQUÉN
President of the Council of Ministers