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list of contributors - GALA

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According to this regulation Advertising Services are “all the activities<br />

tending to create, to design, to devise, to interpret, to publish or to divulge<br />

ads, notices, commercials or radio spots, in order to disclose to consumers or<br />

the public through the different mass media, such as radio, press, magazines,<br />

television or other like media movies, fences or posters. Also the sale or rent<br />

<strong>of</strong> spaces for advertising messages.<br />

Likewise, services rendered by Advertising Agencies are considered<br />

publicity, such as:<br />

Creation <strong>of</strong> messages, campaigns and advertising pieces, market survey <strong>of</strong><br />

the product or service, direction <strong>of</strong> programs and librettists for a commercial<br />

or message, analysis and advising in the advertising strategies, development<br />

<strong>of</strong> media plan, etc.<br />

Advertising service is subject to V.A.T. in the cases explicitly indicated in the<br />

law. Rates are variable depending on sales amounts.<br />

Comments: It is very important to be clear on when a publication can be considered<br />

advertising since the situation regarding the V.A.T. is completely different.<br />

The publications are exempt or free <strong>of</strong> V.A.T. if they have cultural or artistic<br />

purposes. On the contrary, advertising is subject to this tax.<br />

5. Legislation Resolution<br />

Topic: Deceptive Advertising<br />

Who: Superintendency <strong>of</strong> Industry and Commerce<br />

When: November, 2004<br />

What Happened: Superintendency <strong>of</strong> Industry and Commerce determined that five <strong>of</strong> the<br />

biggest supermarkets induced into error the consumers <strong>of</strong>fering promotions<br />

that were not as they showed.<br />

In one <strong>of</strong> the supermarkets one consumer bought a promotion <strong>of</strong> beers “pay<br />

5 take 6”. The consumer divided the price paid into the number <strong>of</strong> beers and<br />

realized that he paid for all <strong>of</strong> them and none was free.<br />

A consumer informed the Superintendency that other supermarkets did not<br />

respect a promotion <strong>of</strong> 15% <strong>of</strong>f in famous trademark soap.<br />

Another consumer did not receive a free recipient for buying a cake that was<br />

<strong>of</strong>fered.<br />

Besides the Superintendency found three additional cases <strong>of</strong> products that<br />

had a price stamped and in the till the supermarket changed to other price.<br />

In consequence the Superintendency ordered the supermarkets to pay high<br />

fines and to adopt measures in order to sort the situations out.<br />

Comments: These measures taken by the Superintendency are very important because it<br />

is very common for the supermarkets to abuse consumers and to deceive the<br />

consumers because they do not put enough attention to promotions or prices.<br />

6. Legislation Doctrine<br />

Topic: Difference between advertising and simple information<br />

Who: Superintendency <strong>of</strong> Industry and Commerce<br />

When: February, 2005<br />

What Happened: The law <strong>of</strong> Consumers Protection does not establish a difference between

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