Minuta legal respecto de las Circulares interpretativas dictadas por el Servicio Nacional del Consumidor acerca de los deberes de los proveedores en el contexto de la pandemia provocada por el Covid-19
Author | Eduardo Escalona/María José Marchant |
Position | Socio de PPU a cargo de Energía y TMT (Tecnología, Medios y Telecomunicaciones)/Miembro del grupo de Resolución de conflictos |
La presente minuta tiene por objeto describir las medidas que, a criterio del Servicio Nacional del Consumidor (en adelante, “Sernac”, “Servicio”), deben ser implementadas por los proveedores de bienes y servicios.
Para efectos de lo anterior, con fecha 6 de abril de 2020 el Servicio publicó, mediante resolución exenta N° 0326, la Circular Interpretativa sobre contratación a distancia durante la pandemia provocada por el Covid-19. Asimismo, el día 9 del mismo mes y año, publicó, por resolución exenta N° 0340, la Circular Interpretativa sobre suspensión de plazos de las garantías legales, voluntarias y de satisfacción durante la crisis sanitaria derivada de Covid-19 (ambas, indistintamente, ya sea de manera individual o conjunta, la “Circular” o “circulares”).
En particular, ambas circulares explicitan las obligaciones establecidas en la Ley sobre Protección de los Derechos de los Consumidores N° 19.496 (en lo sucesivo, “LPC”) y, a la vez, interpretan dicha normativa[1] a fin de fijar los deberes de los proveedores durante la pandemia provocada por el Covid-19.
[1] No todas las exigencias del Sernac se encuentran contenidas en la LPC, si bien es recomendable implementarlas, a fin de dar cumplimiento a los requerimientos del Servicio.
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