Law 2439 of 2024

The purpose of this Law is to partially modify the Consumer Statute in Colombia, creating protection measures in favor of the e-commerce consumer. The most representative modifications to be considered are as follows:

1.    Money refund process at the time the right of withdrawal is exercised:

Colombian legislation recognizes the consumer's right to withdraw from a purchase of goods or services made through financing systems provided by the supplier, timeshare purchases, or purchases made through non-traditional or distance methods. The effect of this withdrawal is the termination of the contract and the subsequent reimbursement of the money to the consumer by the supplier of the product or service.

Law 2439 of 2024 has established that the reimbursement to the consumer cannot exceed 15 calendar days, counted from the moment the consumer exercises their right of withdrawal, if they have complied with the following obligations:

1. The consumer must provide the correct and complete information requested by the supplier to carry out the process.
2. The consumer must return the product in accordance with the terms established in Article 47 of Law 1480 of 2011. 

Regarding the reimbursement of the money, the supplier must inform the consumer in a clear, detailed and specific manner of the options available for making the transfer, as the reimbursement will be applied directly to the payment method used for the transaction or through the method agreed upon by both parties

2.    Modification of Supplier Responsibilities.

Law 2439 of 2024 has also modified the regime of obligations for suppliers and vendors located within Colombian territory who offer products through digital means, adjusting certain provisions of Law 1480 of 2011, as summarized below:

• Provide truthful, sufficient, clear and updated information regarding the products and services offered, including the essential characteristics of the same, such as: size, weight, origin, image, components, restrictions and other information that is relevant and necessary for the consumer. Please note that this information must allow the consumer to obtain an accurate representation of the product.
• Provide on the e-commerce website or application an easily accessible support channel that ensures guidance and assistance to consumers in case they have complaints, claims, or suggestions. This system must provide a record of the consumer's interaction, through the implementation of a tracking number that allows the essential details to be viewed, such as: the date, time, and the request or complaint made, along with a mechanism for subsequent follow-up.
• Deliver the order within the period agreed with the consumer prior to the end of the provision of the service. In the event that the delivery term is not specified, this must be done in a Maximum of 30 calendar days, from the day following the communication or request for the service by the consumer.
• Inform the consumer of the unavailability of the product or service immediately, in this case, a second delivery date could be agreed upon at the consumer's request. If the agreed-upon timeframe is not met and the supplier is unable to provide the product, the consumer may cancel or terminate the service, and in the case of termination, the consumer is entitled to a refund without any retention or discount

It is important to note that the previously mentioned obligations will come into effect starting on April 19, 2025.

3. Addition of a new definition within the framework of electronic commerce.

As part of the update and strengthening of Electronic Commerce regulations, the following concept has been incorporated to improve consumer protection and ensure greater transparency regarding products, services, and transactions.

“Contact Portal:  Any electronic platform provided by individuals or legal entities that connects suppliers or producers with consumers, through which the consumer and the producer or supplier can establish the consumer relationship directly. “

4. Special provision – Credit operations.

In accordance with Article 68 of Law 45 of 1990, it is established that when credit operations are carried out through financing systems developed via electronic means, all charges arising from technology will be considered as interest.  

Therefore, the obligation to inform the consumer in a clear and detailed manner of the charges related to the credit acquired is established. Thus, items that are charged independently of the credit, such as insurance, guarantees, taxes, electronic signature, will not be considered as interest.

5. New Powers of the Superintendence of Industry and Commerce (SIC)

As a last modification, the Law grants new power to the SIC, authorizing it to order the necessary measures to prevent harm and damage to consumers, in the event of a breach of consumer protection regulations, including those of electronic commerce as outlined in Chapter VI of Law 1480 of 2011.

In accordance with the above, it is important for companies that provide services or sell their products through e-commerce channels to take these new guidelines into account and adjust their policies and procedures to avoid regulatory non-compliance.