Material and Territorial Competence

 

The Azores Consumer Information, Mediation and Arbitration Center (CIMARA) aims to resolve consumer disputes, through conciliation, mediation or arbitration.


Consumer conflicts are considered to be those arising from the acquisition of goods, the provision of services or the transmission of any rights intended for non-professional use, by the consumer, and provided by an individual or legal entity, which professionally carries out economic activity aimed at obtaining benefits.


Paragraph 1 of article 2 of the Consumer Protection Law provides us with a general concept of consumer, defining it as “anyone to whom goods are supplied, services rendered or any rights transmitted, intended for non-professional use, by a person exercising professionally economic activity aimed at obtaining benefits”.

CIMARA is competent for the resolution of consumer disputes arising from contracts concluded within the respective geographic scope — the Autonomous Region of the Azores, including conflicts arising from distance contracting or contracts outside the commercial establishment, in cases in which the consumer resides in their geographic area – whose value does not exceed 30,000.00€ (thirty thousand euros).

So, for example:

 

Did you know…

The professional is obligated to accept arbitration by the arbitration center if the value of the dispute is up to 5000€.

CIMARA is also responsible for resolving cross-border consumer disputes regarding online procurement, in accordance with Regulation (EU) 524/2013, of the European Parliament and of the Council, of May 21, 2013.


Pursuant to article 3, paragraph h) of Law No. 144/2015, of September 8, cross-border dispute is understood to be a dispute on contractual matters resulting from a purchase and sale or service provision contract if the consumer, in at the time you order the goods or services, reside in an EU Member State other than the Member State in which the supplier of goods or service provider is established.

CIMARA, as an RAL entity, reserves the right to refuse to handle a dispute when:

  • The consumer has not previously attempted to contact the supplier of goods or service provider in question to raise their complaint and seek to resolve the matter;
  • The litigation is superfluous or vexatious;
  • The dispute is pending or has already been decided by another RAL entity or a judicial court.