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THE BOUTIQUE THE WEATHER INTERACTIVE CAMPSA GUIDE
Consumer rights at outdoor markets
by Antonio de Lorenzo
A vestige of ancient markets, traveling merchants are in great shape these days in Spain. However, contrary to what many citizens believe, this kind of commerce is in fact bound by rules designed to guarantee consumer rights. Indeed, plying their wares on public streets in broad daylight obliges merchants to abide by the law strictly so as to stay out of trouble.

What is mobile trade?
This refers to commerce that takes place in facilities that can be assembled and disassembled, transported or moved. In other words, it would be enough to leave a store and set up shop in the street for the trade taking place there to be considered mobile.

Some legislation does not apply this tag to mobile trade or flee markets that appear when towns hold yearly festivals in honor of their patron saints, or stands offering handicrafts or similar things offered by the vendor. But this does not mean this trade is not subject to fees and other terms.

Tips for consumers
Consumers can require that prices be shown clearly. There is freedom of price.

On the other hand, guarantees and complaints often end up being settled by buyers and sellers, as has been the case since time immemorial.

With food, consumers should make the products are properly packaged (reject that which is wrapped in newspaper, for instance).

The presence of a label is the best guarantee as to quality, expiration date and the origin of the product.

The obligations of the vendor
The general requirements are the tax permit for the activity being carried out, payment of withholding tax for employees, a permit from the city to occupy the spot from which sales are made, payment of city taxes, having all papers in order, including work and residence permit in the case of foreign-born vendors, food-handling permit (when appropriate), or the permit as a professional traveling vendor, as spelled out in some regions of Spain. Municipal authorities may also require vendors to show invoices, delivery notes or other documents related to their wares.

Legal norms
Spain various regions regulate what rules traveling vendors must obey to operate legally. In general, these rules don't vary much from one region to another. So vendors trend to travel all over the country.

The first rule applies to specifying when and wear such markets can operate. This is the only way town hall can protect consumers' rights and the viability of conventional businesses. In other words, the traveling vendor can only operate in places specifically set aside for this, with the necessary city permits and on the days and at the times established by the authorities beforehand. Those who don't comply are can be prosecuted and fined.�The clearest example of this kind of trade are markets that pop up in the same place, in a periodic fashion and with specific schedules and dates. There are also traveling businesses, which are typical in many Spanish towns, in which many products are sold from the backs of trucks. In this case, it is municipal law which governs the rights and obligations involved in this kind of commerce.

To read up on national legislation in this area, look at Real Decreto 1010/85 of June 5. It regulates certain kinds of trade that take place outside the traditional business arena, or Law 7/96 governing retail trade.�

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