The obligations of the merchant and the producer to the consumer are the following:
- a)To respect the conditions of the contract.
- b)To sufficiently inform the consumer, in Spanish and in a clear and truthful manner, about the elements that directly affect their consumption decision. They must inform them of the nature, the composition, the content, the expiration date, the weight, when applicable, of the characteristics of the goods and services, the country of origin, the cash price on the packaging, the container, the wrapping or the label of the product and the gondola or shelf of the commercial establishment, as well as any other determining fact, such as additional substances that have been added to the original product.
In particular, they must inform about ingredients that represent allergens and in particular the presence of gluten.
(Thus added the preceding paragraph to subsection b) by Article 12 of the Law for the Care of People with Celiac Disease, No. 8975 of November 24, 2015) In the case of agricultural products, the country of origin of each product must be indicated in a visible place on the packaging, the container, or the label. In the case of products not packed or wrapped, this information must be set forth in a visible and clearly legible place on the gondola or shelf of the commercial establishment where they are located. In all these cases, national products must be identified with the phrase: "Produced in Costa Rica" or another that allows clearly identifying the origin of the product. The verification of the provisions of the preceding paragraph, regarding information and traceability, must be carried out by the Ministry of Agriculture and Livestock (MAG), the Ministry of Health, and the Ministry of Finance through the Directorate General of Customs, in accordance with what the specific technical regulations applicable to each product provide for this purpose.
(By means of Constitutional Chamber ruling No. 6728 of May 18, 2016, the phrase "as well as the date of production or processing in the country of origin" in the preceding paragraph was annulled, which was introduced by amendment through the sole article of the Law on Identification of the Origin of Agricultural Products Consumed in Costa Rica, No. 9098 of October 30, 2012. Likewise, it was interpreted that the "vagueness" of the term "traceability" used in the rule does not cover all production or processing chains of the agricultural product, except in the case of products that are regulated by special laws)
If they are organic products, this condition must be indicated in a visible place. In addition, the product label must indicate which is the certifying entity.
In accordance with the provisions of the regulation to this law, when the product sold or the service provided is paid on credit, the term, the annual interest rate on balances, the basis, the commissions, and the natural or legal person providing the financing, if it is a third party, must always be indicated in a visible manner.
(Thus amended subsection b) above by the sole article of Law No. 9098 of October 30, 2012, "Identification of the origin of agricultural products consumed in Costa Rica. Amendment of subsection b) of Article 34 of Law No. 7472, Law for the Promotion of Competition and Effective Defense of the Consumer") c) To offer, promote, or advertise goods and services in accordance with the provisions of Article (*)34 of this Law.
(*)(Currently corresponds to 37) d) To provide, to consumers, the instructions for properly using the articles and inform about the risks involved in the intended use or that normally foreseeable for their health, their safety, and the environment.
- e)To inform the consumer if the parts or spare parts used in repairs are used. If there is no warning in this regard, such goods are considered new.
- f)To inform when there are no technical repair services or spare parts in the country for a specific good.
- g)To guarantee every good or service offered to the consumer, in accordance with Article (*)40 of this Law.
(*)(Currently corresponds to 43) h) To refrain from hoarding, speculating, conditioning the sale, and discriminating in consumption.
- i)To resolve the contract under their responsibility, when they have the obligation to repair the good and do not satisfy it within a reasonable time.
- j)To set prudential deadlines for filing claims.
- k)To establish, in installment sales, payment guarantees proportional to the conditions of the transaction.
- l)To comply with Articles (*)35, (*)36, (*)37, (*)38, (*)39, (*)40, (*)41 and (*)41 bis of this law.
(Thus amended the preceding subsection by Article 1, part a) of Law No. 7854 of December 14, 1998) (*)(Currently correspond to Articles 38, 39, 40, 41, 42, 43, 44, and 44 bis) m) To comply with the provisions of quality standards and mandatory technical regulations.
- n)To maintain in good working condition and duly calibrated the scales, measures, registers, weighbridges, and other measuring instruments, used in their businesses.
- ñ)To issue the invoice or proof of purchase, where the identification of the goods or services, as well as the price effectively charged, is clearly stated. In cases of mass sales, the Ministry of Economy, Industry and Commerce is empowered to authorize the establishment of other systems through which the purchase is verified.
- o)To adhere to equity, good commercial practices, and the law, in their dealings with consumers.
All information, advertising, or public offer of goods offered or services to be provided, transmitted by any means or form of communication, binds the producer that transmits, uses, or orders it and forms part of the contract.
Non-compliance with any of the obligations listed in this article empowers the interested party to resort to the National Consumer Commission (Comisión nacional del consumidor) created in this Law, or to the competent jurisdictional bodies, and to assert their rights, under the terms indicated in Article (*)43 of this Law.
(*)(Currently corresponds to 46)
(Thus its numbering corrected by Article 80 of the Fiscal Contingency Law, No. 8343 of December 18, 2002, which transferred it from the former Article 31 to the current 34)