In the event of a dispute, the consumer may use the arbitration centre hereinafter referred to as
Consumer Disputes Arbitration Center – Porto (CICAP)
Address: Rua Damião de Góis nº 31, Loja 6, 4050-225 Porto
Email:@cicap.pt
Telephone: 225 508 349
www.cicap.pt
Office hours: 10h00 – 18h00
ALTERNATIVE RESOLUTION OF CONSUMER DISPUTES (ADR)
Law No 144/2015 of 8 September transpose Directive 2013/EU of the European Parliament and the Council of 21 May 2013 on alternative resolution of consumer disputes.
This law establishes the legal framework of alternative consumer dispute resolution mechanisms, creating in Portugal the Consumer Arbitration Network.
What are consumer disputes?
These are disputes initiated by a consumer against a supplier of goods or service providers, which comply with contractual obligations arising from contracts for the purchase and sale or provision of services, concluded between a supplier of established goods or service providers and consumers residing in Portugal and the European Union (Article 2(1) of Law No. 144/2015.
What is RAL?
ADR are mechanisms available to consumers and businesses to try to resolve consumer disputes outside the courts more quickly and inexpensively. The ADR covers mediation, conciliation and arbitration. The ADR process begins with an attempt at agreement through mediation or conciliation. However, if such an agreement is not reached, the interveners may still refer the matter to the Arbitral Tribunal by means of a simple and rapid procedure.
What are ADR entities?
They are independent entities, with specialized personnel, who impartially help the consumer and the company to reach a friendly solution. These entities are authorized to mediate, reconcile and arbitate consumer disputes. These entities must be included in the list provided for in Article 17 of Law No. 144/2015.
Who is responsible for managing the list of ADR entities?
The Directorate-General for Consumer is the national authority responsible for organising the registration and dissemination of the list of ADR entities (see ANNEX I).
How many RAL entities are there in Portugal?
In Portugal, there are ten Consumer Disputes Arbitration Centers. Seven of them are of generic competence and regional scope, being located in, Lisbon, Porto, Coimbra, Guimarães, Braga / Viana do Castelo, Algarve and Madeira. There is also the national territorial center (supplementary), the CNIACC – National Center for Information and Arbitration of Consumer Conflicts. There are also two specific competence centres specialising in the automotive sector and the insurance sector.
How does a company know which ADR entity it should refer to its consumers?
The place of conclusion of the contract for the purchase and sale of goods or the provision of services, which usually coincides with the place of establishment, determines the competent arbitration centre.
Exemplifying:
A company that has only one or more commercial establishments in a given municipality should only indicate the RAL entity that has the competence to address conflicts in that municipality.
A company that is active throughout the national territory shall indicate all to the competent authorities.
A vehicle repair shop, an insurance undertaking or a travel agency shall indicate the specialised entities for those sectors.
Who is obliged to inform consumers about ADR entities?
All suppliers of goods and service providers, including those who only sell products or provide services over the Internet, are obliged to inform consumers about the ADR entities available or those that have voluntarily joined or are bound by law. Only providers of Services of General Interest without economic consideration such as, the social services provided by the state or on their behalf, health services and public supplementary or higher education services are excluded.
The obligations under Law No. 144/2015 apply, with appropriate adaptations, to all economic sectors not excluded by that law, including those in which there is already specific legislation that provides for the same obligation.
Is there any imposition of adtome to an ADR entity?
This Law does not require the adr of any ADR entity, establishing only a duty of information on existing entities. But there is the case of arbitration necessary for essential public services, such as for electricity, gas, water and waste, electronic communications and postal services.
How should companies provide this information?
This information must be provided in a clear, understandable and appropriate manner to the type of good and service that is sold or provided (Article 18(2) of Law No. 144/2015). Like this:
On the website of suppliers of goods or service providers, if any.
In contracts for the purchase and sale or provision of services between the supplier of goods or service providers and the consumer, where they take written form or constitute a contract of support.
In the form of writing, the information shall be provided on another durable medium, in particular on a sign affixed to the wall or affixed to the sales counter or invoice delivered to the consumer.
Does the law provide for any standardized model of information to be provided to consumers?
No. However, a proposal for the formulation of a sign (Annex II) is attached.
Who is responsible for monitoring compliance with the reporting obligation to be provided to consumers?
It is for the Food and Economic Safety Authority and sectoral regulators in their respective fields to monitor compliance with these duties, to instruct their counter-ordination proceedings and to order such proceedings, including the imposition of fines and ancillary penalties if necessary.
What is the consequence of non-compliance with the duty of information to be provided to consumers?
Failure to comply with the duty of information of suppliers of goods or service providers constitutes a misordination, punishable by:
Fine between € 500 and € 5000, when committed by a natural person.
Fine between € 5000 and € 25 000, when committed by a legal person.
When does this new regime apply?
Law No. 144/2015 of 8 September entered into force on September 23, 2015, and suppliers of goods or service providers had 6 months, counted from that date, to adapt to this new regime. Thus, since 23 March 2016 companies should have this information available to their consumers.
WARNING: Consumer information about available ADR entities does not exempt suppliers of goods and service providers from providing consumers with the Complaints Book, which is mandatory under Decree-Law No. 156/2005 of 15 September.
List of registered Consumer Disputes Arbitration Centers
as alternative consumer dispute resolution entities
(under Law No. 144/2015 of 8 September)
Online Complaints Book
https://www.livroreclamacoes.pt/inicio or physical in the office.
Competent Consumer Dispute Resolution Bodies
Being this online sales site, the Center for The Arbitration of Consumer Disputes corresponding to the consumer’s domicile is competent.
In the event of a consumer dispute, the consumer may use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or to the following alternative consumer dispute resolution entities:
- CNIACC – National Center for Information and Arbitration of Consumer Disputes
Tel.: (+351) 213 847 484; E-mail: cniacc@unl.pt
- CIMAAL – Algarve Consumer Conflict Information, Mediation and Arbitration Centre
Tel.: (+351) 289 823 135; E-mail: cimaal@mail.telepac.pt
- Center for Arbitration of Consumer Disputes of the District of Coimbra
Tel.: (+351) 239 821 690/289. E-mail: geral@centrodearbitragemdecoimbra.com
- Lisbon Consumer Disputes Arbitration Centre
Tel.: (+351) 218 807 000 / 218807030.
E-mail: juridico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt
- Port Consumption and Arbitration Information Center
Tel.: (+351) 225 508 349 / 225 029 791; E-mail: cicap@mail.telepac.pt
- Ave Valley Consumer Disputes Arbitration Center/Arbitral Tribunal
Tel.: (+351) 253 422 410; E-mail: triave@gmail.com
- Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Tribunal)
Tel.: (+351) 253 617 604; E-mail: geral@ciab.pt
- Center for Arbitration of Consumer Disputes of the Autonomous Region of Madeira
Address: Rua Direita, 27 – 1º Andar, 9050-405 Funchal; E-mail: centroarbitragem.sras@gov-madeira.pt
For more information see the Consumer Portal at www.consumidor.pt