ADHERENCE TO THE NATIONAL CONSUMER ARBITRATION SYSTEM
Global Exchange adheres to the Consumer Arbitration System throughout the national territory as represented by the National Consumer Arbitration Board and the Autonomous Consumer Arbitration Boards, under number 876, by virtue of the provisions of Royal Decree 231/2008, of 15 February, which regulates the Consumer Arbitration System, for the resolution of possible conflicts with its customers, in matters that are the responsibility of the trading company.
1. What is the Consumer Arbitration System?
The Consumer Arbitration System is an extrajudicial system for the resolution of conflicts that may arise in relations between consumers and companies.
By means of the Consumer Arbitration System, the parties voluntarily entrust an arbitration body, which acts with impartiality, independence and confidentiality, to decide on any conflicts that arise between them.
This decision is binding on both parties and has the same effectiveness as a Judgement.
The advantages of the Consumer Arbitration System for both parties are:
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• It is fast: The maximum term to issue the corresponding ruling is six months from the start of the arbitration procedure.
- • It is effective and extrajudicial: The conflict is resolved by means of a compulsory execution ruling, as if it were a sentence, without having to resort to ordinary judicial means. Nor is there a minimum or maximum limit for the amount claimed.
- • It is simple: Consumers or users can assert their rights without the difficulties of going to court.
- • It is free: It is a free procedure for the parties that only have to pay, in certain cases, for expert opinions.
- • It is voluntary: The parties (consumer and company) are free to submit or not to the arbitration system.
2. What claims can be resolved through the Consumer Arbitration System?
All conflicts that affect the legally or contractually recognised rights of consumers and users can be submitted to arbitration, regardless of their amount.
The following may not be subject to consumer arbitration:
- • Issues on which there is a final judicial resolution.
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• Those in which the parties do not have power of attorney.
- • Neither will Consumer Arbitration be possible in matters in which, according to current legislation, the Public Prosecutor's Office must intervene.
- • When there is intoxication, injury, death or there are rational indications of crime.
- • Civil liability for damages directly derived from intoxication, injury, death or events in which there are reasonable indications of a criminal offence.
3. How is the arbitration procedure processed?
In the event that the way to formulate complaints or claims with the Customer Service department has been exhausted, the consumer may contact the Consumer Arbitration Board of their Autonomous Community [link to government website listing arbitration boards] to process their claim in this manner.
The procedure begins with the formalisation of a Request for Arbitration, which can be submitted to the corresponding Autonomous Consumer Arbitration Board directly or through a Consumer Association.
The request must include:
- The identifying data of the parties in conflict.
- A clear and detailed explanation of the facts
- A clear indication of the claim: what you want to achieve and its economic quantification.
- Photocopies of the documents related to the consumer conflict that make its analysis possible and have a signature.
Once the request is received, it is checked to verify it meets legal requirements and that the claim can be resolved through the Consumer Arbitration System.
• Mediation:
As a prior step to arbitration, the Consumer Arbitration Board will attempt mediation between the parties, that is, an agreement is reached without the need for the intervention of the arbitrators.
You have all the information of interest at the following links:
- https://www.mscbs.gob.es/consumo/resolucionConflictos/home.htm
- https://www.mscbs.gob.es/consumo/resolucionConflictos/home.htm
© EURODIVISAS, S.A.; Diciembre, 2021.