Price Regulation in the Electric Commerce in Spain
In Spain, the General Law in Defense of Consumers and Users provides that the consumer must receive notice of the final price of the goods, (including all taxes and fees) before the execution of a contract.
Furthermore, the Law of Services of the Information Society states that when referencing a price, the business must be clear on the price of the product/service and whether it includes applicable taxes and delivery costs. Consumers must receive clear information about the delivery costs or whether the delivery costs are unknown. Consumers must receive information about the calculation of these costs if unknown and how they will factor in before the execution of the contract.
In the case of Germany, Switzerland and France, where the price of a product is mentioned in an online shop, it must state whether it includes delivery costs. If it does not, then there must be a link provided with information about the cost of delivery. If the delivery cost is unknown, there must be an indication about how the delivery costs will be calculated. The electronic shopping basket must include the final delivery costs. Polish businesses also have an obligation to inform the consumer of the delivery costs, but there are no specific requirements in Poland as there are in other countries.
Austrian legislation provides that consumers must receive the relevant information about delivery costs in the course of giving the final price. These delivery costs must then be included in the final price in the electronic shopping basket.
According to Spanish Law, unit prices (i.e. the price per statistical unit, for example, €/gram) must be used in the sale of pre-packaged goods. The same applies to Switzerland and France. In Germany and Austria, the seller must use unit prices when selling pre-packaged goods, goods in open packs, or goods sold as a unit without wrapping for weight, volume, length, or expanse. In England, unit prices must be used where quantity is a relevant consideration when making the purchase. Polish Law provides that unit price must be used when it differs from the total price of the product.
In Spain, the currency of the price is an essential element of the price, and therefore it must be clearly displayed to the consumer before the execution of the contract. This applies in all of the listed countries. Generally, the currency must be that of the market that the business is targeting (i.e. if the business targets a Spanish market, the price must be in Euros).
In the case of special offers or price reductions in Spain, the business must be clearly identifiable as should be the terms and conditions of any offers. These terms and conditions must be clearly expressed to the consumer.
Mariscal Abogados, Spanish lawyers in Madrid, Spain
Member of Eurojuris España, international network of law firms
