Complaints Book
Product
supplier or service provider
CHAPTER I – Object and Scope of the enforcement
Article 1st - Object
1 – This statute aims at reinforcing
the procedures with a view to protecting the consumers’
and customers’ rights regarding the supply of products
and services.
2 – This statute sets down that all
establishments appearing in annexe I, this latter being
part and parcel of this statute, are compelled to
possess a complaints book.
Article 2nd - Scope
1 – As to observe this statute, the
reference to «product supplier or service provider»
applies to the establishments referred in the previous
article.
2 – The referred annexe may be object
to amendments.
3 – The regulations foreseen in this
statute do not apply to departments and institutions of
the General Government to which article 38th
of the Executive-Law nr. 135/99, of 22nd April, refers
to.
4 – The complaints book can be used by any customer in
the situations and according to the terms foreseen in
this statute.
CHAPTER II – Complaints book and
procedure
Article 3rd – Product supplier and
service provider duties
1 – The product supplier or service provider is
compelled:
a) To possess a complaints book in the premises where
the activity is being run;
b) To put at the customer’s disposal, free of charge,
the complaints book whenever he/she requires it;
c) To display in the premises a visible and legible sign
containing the following information: «This
establishment has a complaints book»;
d) To keep on file, at least for three years, the
complaints book already completed.
2 – The product supplier or service
provider cannot, in any manner, justify the lack of the
complaints book by saying that it can be made available
in other premises, branches or sub-offices.
3 – Without prejudice of the rule
related to the filling in of the complaint, to which
article 4th refers to, the product supplier or service
provider or the employee cannot conditioned the
presentation of the complaints book, namely to the
necessity of identifying the customer.
4 – When the complaints book is not
immediately provided to the customer, this latter can
require the intervention of the police in order to
withdraw such refusal or take due note of such
occurrence, and require the inspection of the sector at
issue by the entity concerned.
Article 4th – How to lodge the
complaint
The complaint is made through the
filling in of the complaint application, in which the
customer must describe, in a concise and accurate way,
the events that gave rise to it, mentioning as well
his/her identification.
Article 5th – Sending the
complaint
1 – After filling in the complaint,
the product supplier or service provider or the employee
has to remove the original copy, which, within five
working days, must be submitted to the competent market
supervisory body or to the regulatory authority of the
sector.
2 – After filling in the complaint,
the product supplier or service provider or the employee
still has the obligation to give the duplicate to the
customer, keeping the triplicate, which is part and
parcel of the complaints book and must not be taken
away.
3 – Without prejudice of the contents
of the previous paragraphs, the customer may also submit
the duplicate of the complaint to the competent market
supervisory body or to the regulatory authority of the
sector as per instructions appearing in it.
4 – As to comply with the aforesaid,
the sign referred in paragraph c) of nr. 1 of article
3rd must also show in a legible way the full
identification and address of the entity where the
customer should submit his/her complaint.
Article 6th - Procedure of the
competent regulatory authority and the competent market
supervisory body
1 – As to comply with this statute,
it falls upon the competent market supervisory body or
upon the regulatory authority, in pursuance of article
11th, the responsibility:
a) To receive the complaint being sent;
b) To set up the adequate procedure if the facts
resulting from such complaint denounces countermanding
offences foreseen in an applicable specific rule.
2 – Except for the cases referred in
paragraph b) of the previous number 1, the competent
market supervisory body or the regulatory authority must
notify the product supplier or service provider, within
10 working days, to submit the suitable allegations.
3 – The competent market supervisory
body or the regulatory authority may take, according to
the contents of the complaint and the allegations
presented by the good supplier or service provider, the
necessary actions in compliance with the law.
CHAPTER III – Edition and sale of the
complaints book
Article 7th – Complaints book
pattern
The complaints book pattern and the
rules related to its edition and sale, as well as the
type of sign referred in paragraph c) of nr. 1 of
article 3rd of the statute herein, are approved by joint
order of the Government members responsible for the
finances areas and the consumer protection, to be issued
within 90 days from the publication date of this statute
onwards.
Article 8th – Purchase of a new
complaints book
1 –The product supplier or service
provider is compelled to purchase a new book, whenever
this latter is completed, lost or mislaid.
2 – The product supplier or service
provider is compelled to communicate the loss of the
complaints book to the regulatory authority or, in its
lack, to the market supervisory body where the book was
purchased.
3 – The product supplier or service
provider is still compelled to inform the customer,
during the period of time without the complaints book,
to which body he/she must submit the complaint.
CHAPTER IV – Countermanding offences
Article 9th – Countermanding
Offences
1 – It is considered as a
countermanding offence, punishable with the following
fines:
a) From (euro) 250 to (euro) 3500 and from (euro) 3500
to (euro) 30000, depending if the offender is a natural
person or a corporate body, the violation of the
contents of paragraphs a) and b) of nr. 1 of article 3rd.,
in nrs. 1, 2 and 4 of article 5th and in article 8th;
b) From (euro) 250 to (euro) 2500 and from (euro) 500 to
(euro) 5000, depending if the offender is a natural
person or a corporate body, the violation of the
contents of paragraphs c) and d) of nr. 1 of article 3rd
2 – The attempt and the neglect are
punishable.
3 – In case of violation of the
contents of paragraph b) of nr. 1 of article 3rd, added
with the occurrence of the situation foreseen in nr. 4
of the same article, the total amount of the fine to be
applied cannot be inferior to half of the maximum amount
of the foreseen fine.
4 – The violation of paragraphs a)
and b) of nr. 1 of article 3rd gives rise, apart from
the imposition of the fine, to the advertising of the
condemnation for countermanding offence in a newspaper
of local or national expansion and at the offender’s
cost.
Article 10th – Ancillary Penalties
1 – When the seriousness of the
offence justifies it, the following ancillary penalties
can always be applied, pursuant to the general
regulations of countermanding offences:
a) Temporary close-down of the premises or
establishments;
b) Prohibition against running the activity;
c) Privation of the right of allowance or benefit
granted by a body or public service.
2 – The aforesaid penalties have the
maximum duration of two years from the date of the final
condemnation decision onwards.
Article 11th – Control and
conduction of proceedings against countermanding
offences
1 – The control and conduction of
proceedings against countermanding offences foreseen in
the previous article are incumbent on:
a) The Inspecção-Geral das Actividades Económicas
(Inspectorate-General of Economic Activities), when
carried out in establishments of public sales and
services rendered mentioned in i), ii), iii), iv), v),
vi) and ix) of paragraph a) of annexe I;
b) The Instituto do Desporto de Portugal
(Portuguese Sport Institute), when carried out in the
establishments mentioned in vii) of paragraph a) of
annexe I;
c) The Inspecção-Geral das Actividades Culturais
(Inspectorate-General of Arts), when carried out in the
establishments mentioned in viii) of paragraph a) of
annexe I;
d) The Instituto Nacional da Farmácia e do
Medicamento (National Institute of Pharmacy and
Medicines), when carried out in the establishments
mentioned in x) of paragraph a) of annexe I;
e) The respective regulatory authorities when carried
out in the service provider’s establishments mentioned
in paragraph b) of annexe I;
f) The respective social security district division,
when carried out in the establishments mentioned in
paragraph c) of annexe I;
g) The Instituto de Seguros de Portugal
(Portuguese Insurance Institute), when carried out in
the establishments mentioned in paragraph d) of annexe
I;
h) The Banco de Portugal (National Bank), when
carried out in the establishments foreseen in paragraph
e) of the annexe I;
i) The Ministry of Education, when carried out in the
establishments foreseen in paragraph f) of the annexe I.
2 – The imposition of fines and
ancillary penalties are incumbent on entities that are
responsible for such imposition according to the law.
3 – The proceeds from the fines
revert in 60% on behalf of the State and in 40% on
behalf of the entity that had conducted the proceedings
against countermanding offences.
CHAPTER V – Statistics data,
standardization of the regulations and statute
assessment
Article 12th - Statistics data
The regulatory authorities and the
competent market supervisory bodies must remit to the
Instituto do Consumidor (Consumer Institute), every
six months, statistic data concerning the type and
nature of the complaints being lodged.
Article 13th - Other procedures
The submission of the complaint,
pursuant to the terms foreseen in this statute, do not
exclude the possibility of the consumer lodging a
complaint through any other means and do not restraint
the right legally and constitutionally granted.
Article 14th - Assessment of the
statute’s compliance
At the end of the 3rd year from the
date of the statute enforcement onwards, the
Instituto do Consumidor draws up an assessment
report concerning its enforcement and compliance, having
to deliver it to the Government member that protects the
consumer.
Article 15th –
Standardization of the
regulations and revocation
1 – The regulations foreseen in this
statute also apply to the product supplier, service
provider and establishments appearing in annexe II of
this statute, being part and parcel of it, and any other
rules that contradicts this executive-law shall be
revoked.
2 – The control, the conduction of
proceedings and the imposition of fines and ancillary
penalties, foreseen in this statute, to the product
suppliers, service providers and establishments
appearing in annexe II, are the responsibility of the
entities that - pursuant to the existing specific
legislation that sets down the compulsory nature of the
complaints book - are competent to meet the necessary
requirements.
3 –The contents of this article do
not harm the possession of the complaints book, whose
pattern is being used until the date of the enforcement
of this statute.
CHAPTER VI -
Enforcement
Article 16th - Enforcement
This statute comes into force on
1st January 2006
.
ANNEXE I
The entities which, pursuant to nr. 2
of article 1st, are compelled to possess a complaints
book are:
a) Establishments of public sales and services rendered:
i) Retail shops and shopping centres to which Law nr.
12/2004, of 30th March, refers to;
ii) Petrol stations;
iii) Laundries, dry cleaning and ironing establishments;
iv) Hairdressing salons, beauty institutes or similar
bodies, regardless of the designation adopted;
v) Tattoo and piercing establishments;
vi) New and second hand cars dealers and repair shops;
vii) Physical fitness establishments, regardless of the
designation adopted;
viii) Artistic performance venues;
ix) Underground and surface car parks;
x) Pharmacies;
b) Establishments, which provide the following services:
i) Essential public service providers, to which Law nr.
23/96, of 26th July, refers to;
ii) Service Provider of transport services: road,
maritime and river-based, as well as railway, air
transport, electronic and postal communications;
c) Establishments of private institutions of the social
security in which cooperation agreement have been made
with the district divisions of the social security.
i) Kindergardens;
ii) Nursery schools;
iii) Leisure activity centres;
iv) Children’s and young people’s homes;
v) Residential homes for the elderly;
vi) Day care centres;
vii) Home help;
viii) Homes for disabled people;
ix) Occupational activity centres for disabled persons;
x) Community centres;
xi) Social canteens;
xii) Shelter houses;
d) Branches of insurance undertakings, as well as
insurance brokers and agents that serve the general
public;
e) Credit institutions;
f) Primary, secondary and higher educational
establishments, private and cooperative educational
establishments.
ANNEXE II
Entities that are already liable to
possess a complaints book, according to the existing
legislation at the enforcement date of the statute
herein, to which nr 1 of article 15th refers to:
a) Public sales and services rendered establishments:
i) MOT testing centres;
ii) Driving schools;
iii) Driving examination centres;
iv) Real Estate brokerage companies;
v) Undertakers;
vi) Consular offices;
b) Establishments of tourism services:
i) Tourist resorts;
ii) Restaurant and bar establishments;
iii) Countryside tourism;
iv) Travel agencies and tourism;
v) Bingo halls;
vi) Nature tourism;
vii) Tourist entertainment Companies;
viii) Water fun parks;
ix) Holiday camps;
x) Hydropathic establishments;
xi) Marina of Ponta Delgada;
c) Social security private institutions establishments:
i) Private welfare institutions;
ii) Social welfare establishments;
iii) Home help services;
d) Service providers’ establishments related to health:
i) Private health units with in-patients or recovery
rooms;
ii) Private health units with specific activity, in
particular laboratories; units meant to diagnosis,
therapy, ionising radiation, ultrasonic treatment or
magnetic fields; private dialysis units; dental clinics
and surgeries; physical medicine and rehabilitation
units
iii) Private healthcare units in the area of drug
addiction;
iv) Other operators subject to the regulatory activity
of the Regulatory Entity of Health.
Decree-Law nr. 156/2005, of 15th
September
.
This note is
only for information and does not hold its divulgers
responsible. For thorough information you must consult
the Law.
