FACUA denounces Eroski for increasing the amount of online purchases by 10% due to the possible increase in the price of products

FACUA denounces Eroski for increasing the amount of online purchases by 10% due to the possible increase in the price of products

FACUA-Consumers in Action has filed a complaint to the well-known supermarket chain Eroski before the Ministry of Social Rights, Consumption and Agenda 2030 to be added during the purchasing process on-line through its web portal an additional 10% to the total amount, justifying said increase by the “possible variability of the amount” of the items added to the basket.

This association that fights for consumer rights has been able to verify that, when purchasing online in this supermarket, in the section at the end of “Summary of my purchase” A message appears informing the customer that they must authorize 10% of the total amount of the products added to the virtual basket.

In this way, it shows a message with red letters where it is indicated that “It is necessary to formalize the order with an additional 10% due to the possible variability of the amount since the law prevents charging above the formalized amount. The total that will be charged on the day of delivery will be the amount corresponding to the actual amount delivered.”.

FACUA understands that this practice carried out by Eroski is abusive towards the consumersince you are charged by default an additional amount of which you are not informed until the moment of making the payment. In this way, the supermarket reserves the right to increase the price of the shopping basket arbitrarily, under the premise of a possible increase in the price of the products purchased before their delivery, without informing during the purchasing process. of that additional 10% until you reach the tab prior to the “Method of payment”.

What does the law say in these cases?

Article 97 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, establishes that before the consumer is bound For any distance contract or contract concluded outside the establishment, the employer will provide it in a clear and understandable manner.

ANDl total price of the goods or services, including taxes and duties, or, if the price cannot be reasonably calculated in advance due to the nature of the goods or services, the manner in which the price is determined, as well as, when applicable, all additional transport, delivery or postal costs and any other costs.

Likewise, the Civil Code includes in article 1,256 that “the validity and compliance of contracts cannot be left to the discretion of one of the contracting parties.” Furthermore, in the article 1,449 This same text makes it clear that “the setting of the price can never be left to the discretion of one of the contracting parties.”

For all these reasons, FACUA asks the General Directorate of Consumer Affairs of the Ministry of Social Rights, Consumption and Agenda 2030 to open an investigation to determine whether Eroski is violating current legislation by applying an additional 10% during the purchase process. on-line through its website.