If in a store they make a mistake with a price or offer, they must comply with what they say. We tell you what to do if they don’t respect the advertised promotions.
One of the strongest seasons for businesses is approaching: year-end sales. This period begins on November 10 with the Good End and runs until the end of the year. With the increase in transactions, complaints also increase, so it is better to be prepared in case of any eventuality.
We share this guide with you in case you have to file a complaint if the price of a product is not respected on Good End 2021 -or at any time of the year- before the Federal Consumer Prosecutor’s Office (Profeco).
What to do if the price is not respected?
If a promotion is not respected, you can proceed to a complaint or report to Profeco.
Before proceeding with a complaint or complaint to Profeco, it is important that you are clear about when the body is competent and when it is not.
In which cases can Profeco intervene
The “complaint” is a way for the consumer to express to Profeco their disagreement with respect to a consumer relationship, for example: breach of warranty or any clause of a contract, refusal to deliver, etc.
The consumer may request from the supplier, by filing a complaint, compliance with the previously agreed-upon sale or provision of the product or service in question, in addition to other benefits that the same Law may confer, as the case may be.
It is convenient that the complaint is presented by the owner of the good or service that is the reason for the claim, but if for any reason you are unable to do so, you can designate a legal representative by means of a simple power of attorney, which you can buy at any stationery store or write it. yourself, granting someone you trust, who has full knowledge of the problem in question, the powers to represent you throughout the conciliation procedure or in part of it, according to your needs.
On the other hand, Profeco will not be competent in the following cases:
- A relationship or employment contract.
- The provision of professional services that are not of a commercial nature.
- The services provided by credit information companies. The services regulated by the financial laws provided by the institutions and organizations whose supervision or surveillance is in charge of the national banking and securities commissions; insurance and surety; of the retirement savings system or of any regulatory, supervisory or protection and defense body dependent on the Ministry of Finance and Public Credit and with the National Commission for the Protection and Defense of Users of Financial Services (Condusef).
Differences between claim and complaint to Profeco
Did you know that a claim is not the same as a complaint? When
A supplier of goods or services affects your rights as a consumer, there are two ways to take action against them: the complaint and the complaint. Each one has its own particular procedure, which we will explain to you in greater detail.
You can expose to Profeco acts or omissions of a provider or service provider that affects the interests of a portion of society. For example, if an establishment does not have adequate security measures, if it does not have its prices displayed or they do not respect them, if they do not give you kilos by kilo or liters by liter or if a product is advertised using misleading advertising.
In response to the complaint, Profeco will carry out a verification visit to the supplier, and if it is found that it effectively infringes on the rights of consumers, it will be sanctioned so that it does not continue to commit abuses.
In this case, the complainant is not obliged to present proof of the fault nor will they be asked for their personal data. All you have to do is describe the situation briefly and with as much information as possible, in addition to the name of the provider, the product, service, fault detected, address or place and date.
In this case, it is a formal claim when a provider directly harms you by not respecting the terms and conditions in which you contract a service or purchase a good.
The procedure ranges from the filing of your complaint to the agreement between you and the provider, and you will be accompanied throughout the process by a conciliatory lawyer from Profeco. The agreement may result in the restitution or refund of the amount paid for the good or service or, where appropriate, the bonus or compensation for damages caused to the consumer.
How to make a complaint in Profeco?
To file a complaint, you must personally go to the Consumer Defense Office closest to your home, where they will ask you to present the following:
- Your name and address.
- Official identification
- Contract, receipt or proof of purchase.
- Name and address of the provider, if it does not appear on the receipt, indicate the place where it can be located.
- Description of the good or service that is claimed and the description of the facts that gave rise to the complaint.
- Form for receiving a printed complaint.
How to file a complaint with Profeco?
To make any complaints, send an email explaining the situation briefly and with all possible data. Attach the name of the supplier, the product, service, detected lack, address or place and date:
Complaints of commercial establishments: [email protected]
Misleading Advertising Report: [email protected]
You can also call the Consumer Phone 55 5568 8722 or attend one of the Consumer Defense Offices in the country.