SERNAC has stepped up enforcement against e-commerce operators across Chile, focusing on four recurring areas of non-compliance: delivery deadline failures, restrictive return policies, inadequate post-sale support, and misleading advertising. If your company sells products or services online — directly or through marketplaces — these are the compliance points that matter most right now.
What changed
SERNAC's enforcement activity in the e-commerce space has accelerated in recent months. The agency has issued a series of official letters, collective mediations, and sanctioning proceedings targeting both large platforms and smaller online retailers. The focus areas are not new, but the enforcement intensity is.
The key obligations under Law 19,496 (Consumer Protection Law) that SERNAC is actively monitoring include:
- Delivery deadlines: Companies must comply with the delivery date committed at the time of purchase. If no specific date was promised, delivery must occur within the timeframe that is reasonable for the type of product. Systematic delays without timely notice to the consumer are a primary ground for complaints.
- Right of withdrawal (retracto): For distance purchases (online, telephone, catalog), the consumer has 10 business days from receipt of the product to exercise the right of withdrawal, without needing to state a reason. The product must be returned in the same condition. Companies that impose additional conditions, charge restocking fees, or refuse returns within this period are in violation.
- Post-sale support and warranty: The legal warranty (garantía legal) of 3 months from delivery applies to all products sold online. Companies must offer the consumer the choice between repair, replacement, or refund. Requiring the consumer to deal directly with the manufacturer instead of the seller is not compliant.
- Advertising accuracy: Prices, promotions, stock availability, and product characteristics shown on the website or app must be accurate at the time of purchase. The practice of showing a promotional price that is not honored at checkout, or advertising products that are out of stock, constitutes misleading advertising under Law 19,496.
What this could mean for your company
If your company operates an e-commerce channel, the compliance bar is not theoretical — it is being actively enforced. SERNAC's collective mediation proceedings can result in compensation agreements affecting thousands of consumers, and sanctioning proceedings can lead to fines of up to 300 UTM per infraction.
The most common pitfalls are operational, not legal: logistics systems that commit to delivery windows the company cannot consistently meet, customer service teams that are not trained on the right of withdrawal rules, and website content that is not updated in real time to reflect actual stock and pricing.
For companies selling through third-party marketplaces, there is an additional layer: the seller remains responsible for compliance with consumer protection obligations even when the marketplace handles logistics and customer interface. The marketplace's terms of service do not override the seller's statutory obligations.
What you can do
- Audit your delivery commitments. Review whether the delivery dates shown to consumers at checkout are consistently met. If your logistics cannot guarantee the committed window, adjust the displayed timeframe or build in buffer days.
- Review your return and withdrawal policy. Ensure it complies with the 10-business-day right of withdrawal for distance purchases, without additional conditions or fees. Train customer service teams on the statutory rules.
- Verify advertising accuracy. Implement real-time stock and pricing synchronization on your e-commerce platform. Ensure that promotions are honored at checkout and that out-of-stock products are promptly removed or flagged.
- Document your warranty process. Ensure consumers can exercise the 3-month legal warranty directly with your company, with the choice of repair, replacement, or refund. Do not redirect consumers to manufacturers.
If you need to review your e-commerce compliance framework or prepare for a SERNAC proceeding, schedule a consultation with Cubillos Lama
This content is for informational purposes only and does not constitute legal advice for any specific case.