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Spanish Sale of Goods ??

Spanish Sale of Goods ??

Old Jan 9th 2021, 8:50 am
  #1  
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Default Spanish Sale of Goods ??

In the UK it's simple. If you buy something from Argos, you have a contract with them, not the manufacturers.

But it seems different over here. I bought the missus a simple coffee maker from Electron for Xmas. But the coffee sliding tray jammed, so we took it back.

"Oh no, it's not our problem, you have to take it the the manufacturers representative a few miles away."

It was an obvious problem, but he said that he needs telling what the problem is. He almost threw us out of the shop.

We plan to buy a new telly soon, and would like to know is this is the normal way

Thanks
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Old Jan 9th 2021, 9:08 am
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Default Re: Spanish Sale of Goods ??

This is from a couple of years ago. But consumer protection is EU wide, but this is from Spain.
Your rights as a consumer are with the supplier of the goods not the manufacturer.
​​​​Guarantees of products are regulated by articles 114 onward of Law 1/2007. The legislation covers all products and also contracts for the supply of products which have not yet been made or built.

A claim based on a guarantee must be made to the business premises where you bought the products. You can only claim something against the manufacturer if it is not possible to present a claim against the seller: for example, when the business premises have closed down or the business has been declared bankrupt
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Old Jan 9th 2021, 9:36 am
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Default Re: Spanish Sale of Goods ??

EU law gives you a two year warranty which the store must accept. However it's not as simple as that. The legal warranty covers two distinct periods with very different conditions. For the first six months it is assumed that the fault existed at the time of purchase (damage or misuse excepted) and it is the retailers responsibility to sort it out, either by repairing it, replacing it or refunding the purchase cost ( a credit note is not acceptable).

After the first six months it becomes the buyers responsibility to prove that the fault existed at the time of purchase. This might involve sending it back to the manufacturer for confirmation of this, but clearly, if the retailer is not helpful, you are now in a difficult position.

What it comes down to is that the much vaunted 2 year EU warranty is essentially only a six month warranty unless you have a lot of time on your hands to see it through.

This used to apply in the UK before Brexit but the UK Sale of Goods act trumps the EU warranty conditions so generally you get a better deal which can actually apply for up to six years.

If you don't get satisfaction if you have a warranty issue, especially within the first six months, then ask for the complaints form. The store cannot ignore that as you send a copy to the relevant local consumer protection office and they will take it up with the retailer. If the store refuses to give you the form you can call the police - that should elicit a quick response from the retailer!
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Old Jan 9th 2021, 11:19 am
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Default Re: Spanish Sale of Goods ??

and this comment is in jest >>>

If you don't get satisfaction if you have a warranty issue, especially within the first six months, then ask for the complaints form. The store
suddenly cannot understand English :-) and his brother is Police Local Chief

Last edited by missile; Jan 9th 2021 at 12:22 pm.
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Old Jan 9th 2021, 11:51 am
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Default Re: Spanish Sale of Goods ??

I would have asked for the Libro de Reclamaciones and said you were also reporting them to OCU

https://www.ocu.org/

I know this may not be popular with some but IMO this is where Amazon is excellent - any problem, return (for free) and get a refund.
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Old Jan 9th 2021, 1:49 pm
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Default Re: Spanish Sale of Goods ??

Thanks all
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