Quick summary: The Ley de Protección al Consumidor y Usuario (Consumer and User Protection Law) is Decreto 06-2003. Its rights are a minimum that cannot be waived (Art. 1). Art. 4 lists 10 rights, and Art. 5 lists three consumer obligations. If a product fails to meet the agreement or has hidden defects attributable to the supplier (Art. 4(e)), you may request free repair, replacement or a refund, after returning it, within 3 months after receiving it and provided it has not deteriorated through your fault (Art. 74). The right of withdrawal has a 5-business-day period, and payments are returned only if you have not used the goods or service (Art. 51). Doubt over an adhesion contract is resolved in the consumer’s favor (Art. 49). DIACO can fine suppliers 15 to 75 UMAS (Art. 70).
This page explains the text of the law: the rights it gives you and their conditions. For filing a complaint and the conciliation process, see our DIACO complaint guide.
Congress issued the law on February 18, 2003, and the Executive sanctioned it on March 10, 2003. Under Art. 1, its provisions establish a minimum of rights and guarantees that cannot be waived, serve the social interest and are matters of public policy. See the law published by MINECO.
The 10 consumer rights (Art. 4)
Art. 4 calls these basic rights and establishes them without prejudice to the provisions of other laws.
| Provision | Right |
|---|---|
| a) | Protection of your life, health and safety when acquiring, consuming and using goods and services |
| b) | Freedom to choose goods or services |
| c) | Freedom to contract |
| d) | Truthful, sufficient, clear and timely information: whether goods are new, used or rebuilt, and their price, characteristics, quality, contents and risks |
| e) | Repair, compensation, a refund or exchange for failure to honor the agreement or hidden defects attributable to the supplier |
| f) | Replacement of the product or, failing that, a credit for its value toward another purchase or return of the excess paid when quality or quantity is lower than stated |
| g) | Honoring the price at which the product is offered, promoted, advertised or marked in the business premises |
| h) | Returning goods sent without your request, without assuming responsibility or paying anything, unless express acceptance of the shipment or delivery, or use or consumption of the goods, is established |
| i) | Education about consumption and proper use of goods and services |
| j) | Use of the libro de quejas (complaint book) or a DIACO-authorized alternative to record dissatisfaction |
Your obligations (Art. 5)
The law also requires consumers and users to:
- Pay for goods or services at the time, in the manner and under the conditions established in the agreement or contract.
- Use goods and services normally and according to the supplier’s specifications, and fulfill the agreed conditions.
- Prevent environmental pollution through responsible consumption.
Art. 74 makes a return conditional on the product not having deteriorated because of an act attributable to you.
Warranties, repairs and refunds
| Situation | What the law says | Article |
|---|---|---|
| The seller advertises a garantía (warranty) | That wording may be used only when the seller states what it covers, who is responsible, and how, when and where it can be enforced | Art. 22 |
| You bought new durable goods | The supplier must issue a warranty certificate; manufacturers, importers and sellers must ensure adequate technical service and supplies of parts and replacements at no additional cost to the consumer or user while the warranty lasts | Art. 23 |
| A service or repair was performed | The provider must state in writing the period for which it guarantees the service or repair; support a claim for defects or damage with the relevant documentation, within the contractual period or, failing that, the period established by law | Art. 33 |
| The product was defective | After returning it to the supplier, you may choose free repair, replacement or a refund of the amount paid | Art. 74 |
| Deadline for making the claim | Within the three months following receipt of the product, provided it has not deteriorated because of an act attributable to you; a longer warranty period takes precedence | Art. 74 |
| Perishable product | The period cannot exceed seven days | Art. 74 |
| Damage occurred | Art. 74 preserves compensation for damage where applicable; Art. 46 requires compensation from anyone failing to meet the product and service safety obligations and, if the facts constitute a crime, a complaint to the Ministerio Público (Public Prosecutor’s Office) | Arts. 46 and 74 |
Art. 74 does not repeat the grounds for the claim. The underlying right appears in Art. 4: provision e) concerns failure to honor the agreement or hidden defects, and provision f) concerns quality or quantity lower than stated.
Derecho de retracto: 5 business days (Art. 51)
The derecho de retracto (right of withdrawal) allows the consumer to withdraw within no more than five business days, counted from signing the contract or from the date it was concluded outside the business premises, particularly by telephone or at the consumer’s or user’s home.
The second paragraph sets the condition for getting your money back: when the right is exercised in time, payments are returned provided you have not used the goods or service.
The article does not specify how to communicate withdrawal or list excluded contracts. As a practical precaution, keep a written record of the date you exercise it. Under Art. 112, article headings have no interpretative validity and cannot be cited to establish the content or scope of the law’s provisions.
Prices, offers and advertising
| Topic | Rule | Article |
|---|---|---|
| Basic information | Characteristics, measurements, composition, weight, quality, price, instructions, risks, payment and warranty conditions, manufacturing and expiration dates; in Spanish or internationally accepted symbols, in national currency | Art. 18 |
| Visible prices | Businesses must make the final prices of all their goods and services available, visible to the public and expressed in quetzales | Art. 19 |
| Misleading advertising | Advertising that misleads through trickery or deception to defraud the consumer is prohibited | Art. 20 |
| Offers without a stated duration | If the advertisement gives no duration, the offer lasts at least one month from publication of the last advertisement | Art. 24 |
| An offer is not honored | You may demand fulfillment, accept other goods of equal or greater price without paying the difference or a similar service, or terminate the contract with immediate return of any payment | Art. 25 |
Credit purchases (Arts. 27 and 28)
Before selling to you on credit, the supplier must provide:
- The cash price and the difference between it and the credit price.
- The interest and late-payment rates, or the procedures for establishing them. A variable rate’s adjustment rule cannot depend on the supplier’s unilateral decisions.
- Any additional payment, options for the number, amount and frequency of payments, and how collection costs will be calculated.
- The total amount payable, which cannot exceed the cash price plus interest, where applicable, and administrative expenses.
- Your right to pay all or part of the balance early, with a proportionate reduction in interest.
Art. 28 adds that interest applies to outstanding balances and payments cannot be demanded in advance unless otherwise agreed.
Contratos de adhesión and Article 49
A contrato de adhesión (adhesion contract, or standard-form contract) is one whose conditions are set unilaterally by one party, without the other being able to discuss or modify its contents when contracting (Art. 47). The same article says clauses have no effect if they:
- Allow a party to cancel or modify the contract at its sole discretion, except where that power is granted to the consumer in mail-order, home, catalog or similar sales, subject to statutory exceptions.
- Increase the price for accessories, financing or unforeseen surcharges, except for additional services you can accept or reject and which are listed separately or specifically.
- Make you responsible for deficiencies, omissions or errors not attributable to you.
- Limit the supplier’s liability so as to deprive you of compensation for deficiencies affecting the essential utility or purpose of the goods or service.
- Include blank spaces that have not been filled in or crossed out before signing.
- Waive or limit rights recognized by this law.
Art. 49 sets the interpretation rule: clauses are interpreted according to their literal content and, in case of doubt, in the way most favorable to the consumer or user. Clauses infringing the law are void by operation of law. Suppliers must register adhesion contracts with DIACO: failure to do so is an infringement under Art. 70(p). For the business-side procedure, see our guide to adhesion contract approval.
The libro de quejas (Art. 17)
Every supplier must visibly provide a complaint book or another means authorized by the Dirección de Atención y Asistencia al Consumidor (DIACO, the consumer assistance authority), with unrestricted public access. It must have spaces for at least the affected consumer’s name, the type of complaint and the date it was resolved. A business with branches must have a complaint book in each one. For the business-side procedure, see our complaint book authorization and replacement guide.
Sanctions against suppliers
| Sanction | Rule | Article |
|---|---|---|
| Scale | DIACO may progressively impose a written warning, a public warning, a fine and publication of investigation results at the infringer’s expense | Art. 69 |
| Fine unit | Each Unidad de Multa Ajustable (UMA, adjustable fine unit) equals the current monthly minimum wage for non-agricultural activities, provided it does not exceed one hundred percent of the value of the goods or service | Art. 69(c) |
| Amount | A fine of 15 to 75 UMAS for infringements in provisions a) through p), including prohibited conduct, failure to fulfill obligations, omission of basic information, failure to display prices or disclose credit conditions, failure to honor warranties, failure to provide the complaint book (m), excessive interest charges and failure to register adhesion contracts (p) | Art. 70 |
| Criteria | Type of infringement, risk or damage, the infringer’s financial circumstances, harm caused, intent, repeat offending, impact on the population and the value of the goods or service | Art. 69 |
| Limitation period | Liability for infringements and sanctions expires after 3 years from the infringement or, for an imposed sanction, notification of the decision. The period is interrupted by the grounds listed in the article, including notification to the infringer of the order initiating proceedings and express or tacit acknowledgment of the infringement | Art. 104 |
For the current non-agricultural minimum wage, see our Guatemala minimum wage guide.
What the law does not cover (Art. 2)
The law applies to transactions between suppliers and consumers within Guatemala. It excludes personal services provided through an employment relationship and professional or technical services requiring a university qualification to practice. Special laws and public services governed by specific legislation and overseen by the bodies it establishes follow those rules, with this law applying on a supplementary basis.
DIACO contact details
| Office | Telephone | Address |
|---|---|---|
| Oficinas Centrales (central offices) | (502) 2501-9898 | 7a Avenida 7-61 Zona 4, 3er Nivel Edificio del Registro Mercantil |
| Centro de Atención de Quejas (complaint service center) | (502) 2501-9600 | Centro Comercial Plaza Zona 4, 3er nivel área de restaurantes. |
| Unidad de Protección de Servicios Financieros (financial services protection unit) | (502) 2501-9600 | 12 calle 7-38 zona 9, Edificio Etisa, Apto. 7A, Oficina 7, 6o. Nivel, Ala Sur Guatemala, Ciudad. |
Contact details are from DIACO’s consumer rights page.
Related procedures
- DIACO complaint: filing a complaint and conciliation
- Adhesion contract approval (MINECO)
- Complaint book authorization and replacement
- Buying concert tickets safely in Guatemala
- Lawyer costs, if the claim goes to court
Sources
- MINECO: Ley de Protección al Consumidor y Usuario, Decreto 06-2003 (2003)
- DIACO: Derechos de los Consumidores
General guidance, not legal advice. Legal text: Decreto 06-2003 in the PDF published by the Ministry of Economy. That PDF reproduces the text as issued in 2003 and does not annotate amendments; any later amendments would not appear in that copy.