# Anyone know much about Spanish consumer law?



## Amy123123 (Aug 9, 2020)

I've just discovered that I've been charged a 2.49 "bad weather surcharge" by Glovo. This isn't mentioned at the time of purchase - it's only in the confirmation email.

According to Glovo it's fine because it's in the terms & conditions (I can't see it, but I'll take their word on it).

Anyone know if this is legal in Spain? I'm sure in the UK you can't charge a consumer one price, and then add on more after the fact - regardless of whether or not it's in the terms and conditions.


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## ksjazzguitar (Dec 22, 2010)

Then what are the T&C for? If you agreed to the T&C then you agreed to the possibility of that charge. You could argue that it would be a better business practice to inform you directly when that is likely, but that is a choice on their part. You also have the choice not to use their service. Or to read T&C more closely. True, most of us don't read T&C with a magnifying glass, but that is a choice that _we_ make. I don't know what the law is here or in the UK, but I'd be very surprised if I found out it was illegal in some way. Unethical? That is a matter of opinion. I half way agree with you there, but that doesn't make it the law.


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## timwip (Feb 27, 2017)

No idea. I have lived in Spain for 3 years and never used Glovo. I always just walked to the restaurant to pick up the food the few times I ordered out instead of sitting on my ass waiting for delivery. I feel the exercise is good and I avoid delivery charges to boot.


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## Amy123123 (Aug 9, 2020)

ksjazzguitar said:


> Then what are the T&C for? If you agreed to the T&C then you agreed to the possibility of that charge. You could argue that it would be a better business practice to inform you directly when that is likely, but that is a choice on their part. You also have the choice not to use their service. Or to read T&C more closely. True, most of us don't read T&C with a magnifying glass, but that is a choice that _we_ make. I don't know what the law is here or in the UK, but I'd be very surprised if I found out it was illegal in some way. Unethical? That is a matter of opinion. I half way agree with you there, but that doesn't make it the law.


I'm no legal expert, obviously, but I very much think you're wrong.

When you buy something online the price at the checkout is the price you are charged. A company cannot then charge more simply "because it's in the terms & conditions". 

Or I certainly believe they can't. Which is what I'm trying to find out.

Would it be okay if you were charged 10 euros for a product at checkout, and then later found out you were charge 200 euros because of [insert reason here] listed in the ts&cs?


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## Amy123123 (Aug 9, 2020)

timwip said:


> No idea. I have lived in Spain for 3 years and never used Glovo. I always just walked to the restaurant to pick up the food the few times I ordered out instead of sitting on my ass waiting for delivery. I feel the exercise is good and I avoid delivery charges to boot.


Good for you, Tim!


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## Amy123123 (Aug 9, 2020)

Seems it is illegal, under EU law: Pricing, payments and price discrimination in the EU


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## xabiaxica (Jun 23, 2009)

Ask for their complaints book.


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## Overandout (Nov 10, 2012)

Amy123123 said:


> Seems it is illegal, under EU law: Pricing, payments and price discrimination in the EU


Central heating without individual controls for each residence is also illegal under EU law, but Spain has an estimated 1.7 million homes with this system.

Good luck with your court case!


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## Amy123123 (Aug 9, 2020)

Overandout said:


> Central heating without individual controls for each residence is also illegal under EU law, but Spain has an estimated 1.7 million homes with this system.


Is that comparable to an international corporation breaking EU law to rip consumers off?



Overandout said:


> Good luck with your court case!


Thanks for the support.

I realise it seems petty, and clearly plenty of people are happy to let corporations rip them off. But it winds me up the wrong way, and I'd like to at least report it.


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## Overandout (Nov 10, 2012)

Amy123123 said:


> Is that comparable to an international corporation breaking EU law to rip consumers off?


No, its an example of how you shouldn't expect all EU directives to have been ratified into national legislation, however binding the EU makes you think they are.


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## Amy123123 (Aug 9, 2020)

Overandout said:


> No, its an example of how you shouldn't expect all EU directives to have been ratified into national legislation, however binding the EU makes you think they are.


Right, I didn't get that. My apologies.

So any idea if it's illegal under Spanish law?


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## xgarb (May 6, 2011)

I saw this in their FAQ:

_If you’re ordering from one of the stores available on the app, you can see the item’s price beforehand. There will be a pre-established delivery cost depending on our agreement with the store in question, which you can see by clicking on the store. So before you confirm the order, you’ll know the total cost of the service.
Occasionally,* the price of the product may differ to what is shown on the app. If the price difference is less than 30%, Glovo will automatically proceed to buy the products for you*. You'll be able to *see the updated price once the courier uploads the receipt of the purchase*. _

Can you imagine any other business where the price 'might' be 30% more than you are shown and you have to buy it anyway? I imagine Glovo has overstretched themselves and don't have a direct connection to the pricing databases of everything they offer so the prices can be wrong but they don't want to pay for a courier to go and find the price is incorrect and have to cancel the order.


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## tardigrade (May 23, 2021)

Especially now with prices rising everyday for food stuff, chemicals, building supplies... DIY shops or smaller building supply shops will not list rebar prices or copper plumbing tubes as prices fluctuate so much.


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## BigFrank (Oct 12, 2016)

> Can you imagine any other business where the price 'might' be 30% more than you are shown and you* have to buy it anyway?*


Whilst not _totally_ analogous, the issue of paying for cabin bags with easyJet & Vueling (not to mention *The* Low Class Carrier too) where prices are quoted only as 'from' is surely broadly similar.


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## paulhe (Jan 2, 2018)

not sure if it is clear from the terms of purchase/provision of service however it would be reasonable for a delivery service to have such a condition, delay re weather, **** conditions for driver etc. If so there is a clear requirement to ensure such a condition is published or, at any rate, notified to the prospective purchaser at point of sale. Assuming that has been done, was the weather inclement? to the satisfactory degree? If so and no refund consult /SNIP/a lawyer., or for the amount concerned set off against experience.
Paul


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