Cómo y dónde reclamar

Si pretendiendo comprar un producto original, acaban vendiéndote una falsificación, no tienes que conformarte resignadamente. También puedes reclamar tus derechos.

La primera dificultad será acreditar que el producto adquirido es falso o no corresponde con el fabricante, envasador o productor identificado en la etiqueta. En algunos casos es ciertamente difícil y se puede llegar a precisar de pruebas periciales o, según los casos, de la colaboración del titular de la propiedad industrial afectada. En algunos casos la denuncia penal, realizada en cualquier comisaría o puesto de la Guardia Civil, puede ser la única o más efectiva vía de reclamación.

El procedimiento de reclamación es distinto según se trate de compras nacionales, intracomunitarias o extracomunitarias (países no integrados en la Unión Europea).

Compras nacionales

La compra de un producto falsificado a un vendedor nacional puede reclamarse directamente en el establecimiento a través de  las hojas de  reclamaciones.  En el supuesto de compras a distancia (principalmente, a través de internet), la reclamación podrá formularse mediante correo certificado o burofax. En este último caso, no hay que olvidar, además, que como comprador puedes ejercer el derecho de desistimiento  durante los 14 días siguientes a la entrega del producto. Si no recibes respuesta satisfactoria puedes interponer una denuncia ante las autoridades administrativas con competencia en materia de consumo (generalmente, las Comunidades Autónomas) o bien interponer una demanda judicial sucinta.

Directorio de los servicios de consumo de las Comunidades Autónomas:
http://aplicaciones.consumo-inc.es/cidoc/Consultas/dirMapas.aspx?tabla=dirconsum

Información del Consejo General del Poder Judicial sobre instrucciones para poner una demanda judicial sucinta:
http://www.poderjudicial.es/cgpj/es/Servicios/Atencion-Ciudadana/Guias-para-ciudadanos/El-juicio-verbal-para-reclamaciones-que-no-excedan-de-2000-euros

Compras comunitarias

En caso de compras comunitarias, también existe un derecho de desistimiento en los siguientes 14 días a la entrega, sin perjuicio de que también puedas reclamar  ante las autoridades del país del vendedor o, en España, ante el Centro Europeo del Consumidor (más aconsejable por motivos de idioma).

También hay que tener presente que como comprador, según los casos y siempre que proceda, puedes interponer la demanda judicial en tu propio país.

Centro Europeo del Consumidor:
http://www.cec.consumo-inc.es

Procedimiento para poner demanda judicial en mi país:
https://e-justice.europa.eu/content_small_claims-42-es.do

Compras internacionales

Finalmente, en caso de operaciones internacionales o compras extracomunitarias, debido al carácter transnacional de la transacción y al importe en juego, es muy difícil hacer efectiva la reclamación contra el vendedor. Además, el comprador, fácilmente identificable en España por las autoridades aduaneras, probablemente sea requerido para hacerse cargo de los daños derivados de la infracción a la propiedad intelectual, generalmente asumiendo y sufriendo la destrucción del producto comprado.

Desde CECU desaconsejamos  las compras en páginas web ubicadas en el extranjero, o bien en todo caso, recomendamos asesorarse de forma previa a la formalización de la operación para ser consciente de los riesgos que se asumen.

ACUDE A TU ASOCIACIÓN DE CONSUMIDORES PARA ASESORARTE

Y recuerda: Si optaste, por cualquier razón, por la compra a sabiendas de un producto falsificado a través de algunos de los canales de compra más habituales para ello, ten presente que no podrás reclamar.

SÉ CONSECUENTE. NO COMPRES FALSIFICACIONES

 

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