teuchterpete

I bought an MP4 player from Carrerfour ( Puente Genil) in Feb this year. It stopped working so took it back. They said that they would need to send it back to the manufacturer. It took about a month to come back, and they had replaced the screen. It has packed in again so took it back again to Carrefour. I was told that they would need to send it off for repair again as it had a 2 year guarantee. (this was inherent in the product, and not taken as additional) I tried to argue that as the merchant they were responsible and I wanted either a replacement or refund, but they would not move on this. In the end I agreed reluctantly to it been sent back for repair again. I assumed that under EU law the merchant is always liable for the first year, or does this only apply in the UK
Pete

Fred James

The two year EU warranty comes in two parts. In the first six months any fault is assumed to have been present at the time of purchase (misuse excepted) and the vendor has to replace it or refund the cost. For the next 18 months you have to prove that the fault existed at the time of purchase. This invariably means that the vendor denies this and sends it to the manufacturer for a decision. In most cases the manufacturer repairs or replaces it.

The same law applies in the UK, but the UK sale of goods act offers much greater protection up to six years so the EU warranty is usually ignored.

EllisG

you would not be entitled to a refund or replacement even in the UK. You are sold the goods with the benefit of the manufacturers warranty and if, as I imagine there is, a RTM (return to manufacturer) clause in the warranty then this is what will happen, as many times as they need to fix it right. However saying that, if you make enough noise in the right places within Carrefour they may replace it or refund you out of goodwill but only for that reason, not out of a legal obligation to do so.

EllisG

I think you believe you have more rights than you actually do, just because a component may have failed does not prove a breach under the sale of goods act

Carrefour would argue that the goods are as described of satisfactory quality and fit for purpose, the OP would be hard pushed to prove that the goods had an inherent defect when he purchased the item and he has waived his right to refuse the goods and a refund by accepting the initial repair.

teuchterpete

Points taken. However, under the sale of goods (implied terms act) the goods should "do what it says on the box" and this does not. I accept that this is British law, so would probably not have an equivalent here in Spain. But I just did not want to lose out especially, if there are others wiser than me on this topic.
Pete

Fred James

What has the sale of goods act got to do with it?

The law in Spain is entirely different.

EU – Shopping guarantees: repairs, replacements, refunds - Your Europe

EllisG

you were the one who brought up the sale of goods act

my point still applies even with the wording of the European law, since the goods did exactly as they were advertised to ( I presume it played mp-4's up until the time it broke down). The retailer is arranging a repair which is acceptable, just because the first repair failed does not mean the machine is beyond repair and therefore they are not legally obliged to offer a refund.

The OP does have the right to challenge this in a court of law if he has a bit of legal skill, time on his hands and a smart way of proving the goods are not fit for purpose, you will be surprised at what you can prove, I got taken to court over an oven I sold once which warned that the plastic controls would overheat if the grill guard was not used...the customer argued that the manual did not warn him the plastic would melt when it overheated and won (I was amazed he won but not that concerned.as the manufacturer covered my costs)....I would guess the cost of the MP4 player would not justify this sort of action and since the retailer is within it's rights to offer a repair there is very little more he can do except make himself a thorn in the retailer's side and hope it spurs them into offering a refund just to get him off their backs (best way to go about this is aim your complaints higher up the chain to some sort of head office/ French parent company/Track down customer service management via linked in etc etc not that I would condone such action....much )

bobd22

I have twice taken electrical items back to Eroski and both times without any issue they have simply replaced the item.

Fred James

Eroski are pretty good on consumer rights. The same cannot be said for Carrefour and even worse still, Worten.

One of the best is Lidl, especially on their large, own brand items which have a really good three year warranty.

billgates

Fred you are the font of all knowledge and wisdom. How do you do it?
[respect ]

Fred James

Thanks for that. The answer is lots and lots of research!

Everything you will ever need to know is now easily available - you just need to know where to look and have the time and inclination to find it, and remember it, or more likely to bookmark it!