# Spanish Sale of Goods...



## Yorick (Jul 4, 2017)

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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## Lynn R (Feb 21, 2014)

We have, in the past, returned a few things to local retailers because they were faulty (an iron, an electric razor and a gas cooker). The iron and the razor were replaced immediately with no issue, in the case of the cooker the retailer arranged for a technician to come and repair it, but after it was still not operating properly the retailer replaced it with a different model.


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## xicoalc (Apr 20, 2010)

All electrical goods in spain have a 2 year guarantee. If they are faulty from new then you can return to the retailer. I cant say the exact period though until the retailer washes their hands of it and it becomes a manufacturer issue.

Someone here will know.


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## Jenny Jitterbug (Aug 26, 2020)

In the UK the seller and the manufacturer are both responsible. Years ago it was just the seller. If you are not satisfied fill in the official complaints book ('Libro de reclamaciones') available. This is a form which any customer can complete which puts the details of a complaint on record and each is supposed to be followed up by the authorities.


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## Alcalaina (Aug 6, 2010)

Consumer protection rights throughout the European Union state that retailers must replace, repair or refund any goods that are faulty or not doing what they were advertised to do. Your Electron man was just trying it on! Ask for a Hoja de Reclamación complaint form (they are available in English) and he will almost certainly back down. Failing that, tell him you will report them to the consumer protection office, which I believe is called OMIC.


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## xicoalc (Apr 20, 2010)

Alcalaina said:


> Consumer protection rights throughout the European Union state that retailers must replace, repair or refund any goods that are faulty or not doing what they were advertised to do. Your Electron man was just trying it on! Ask for a Hoja de Reclamación complaint form (they are available in English) and he will almost certainly back down. Failing that, tell him you will report them to the consumer protection office, which I believe is called OMIC.


Every business must have hojas de reclamaciones and cannot refuse to provide (you can call the police if they refuse amd the fines are huge).

But if you complete thr form, you must then present it to the consumer office. It is your job to present it, not the retailer. If you dont present it then nothing will happen. 

I would return and simply state that the item was faulty from new and that you want either a replacement or a refund on the spot. I believe they have the right to send it to repair but not sure. Either way, they must deal with it amd if they don't then complete the reclaim form. 

As Alcalaina said, usually jusy requesting the form will make them shake and resolve the issue because once the consumo are involved, they can dig deep into the practices of the business in all aspects so usually just asking for the libro de reclamaciones will resolve the issue.


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## kaipa (Aug 3, 2013)

Definitely. Just as for El libro. They might pretend that you are talking nonsense but in reality the book will be checked by authorities and they have to present it. You need to write in Spanish though but I doubt they will let it get that far and will either genuinely return the item or refund you.


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## Joppa (Sep 7, 2009)

You can write in English. The form is in triplicate, the white original you send to the local consumer office, the pink copy is for the establishment and green copy is for you to keep.


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## Isobella (Oct 16, 2014)

In Andalucia it is just referred to as la hoja. I went through it with a Garage. The staff were very nasty when I asked for it, not for the faint hearted. I had a very obnoxious phone call too but it worked and they called back and asked me to take my car back.


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## kaipa (Aug 3, 2013)

I agree Isobella it is not an easy task as it basically amounts to telling someone that you are reporting them for suspected malpractice. Obviously many will react strongly however if you feel that it is the only option they give you then you are perfectly in your right to do so but I would take a Spanish speaker with you if you are not very fluent as you need to be quite precise with your language to avoid misunderstandings and to use the correct etiquette


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## Overandout (Nov 10, 2012)

Just to clarify some of the mixed messages in this thread:

If a shop sells a defective item, they must refund you or replace it. However, the warranty (2 years) which was mentioned above is a manufacturer's warranty which covers defects arising through use after purchase.

A retailer will be very wary to refund you or replace the item because they cannot decide or judge if the item was defective when sold (their liability) or if the defect occured when used (manufacturer's liability). This is why they direct you to the manufacturer (or rep).

The first time it happened to me (a DVDR which wouldn't even turn on straight out of the box) I raised hell and was also almost expelled from the shop (Carrefour) but the shop manager came along and explained to me that if I go to the manufacturer they have to deal with it unless they can prove that I willfully or negligently broke it through misuse. 

They were right, and the manufacturer sent me a new one within about a week. Inconvenient I know, but that's the way it is.

If you want to exercise your rights against the reatiler because you think it was broken when they sold it to you then I agree that the Libro de Reclamaciones is the way to go, and you probably will get your money back eventually because the consumer is usually given the benefit of the doubt.
But do you really want to put the retailer in a loss situation (not to mention the hassle of the paperwork for you and him) just to avoid using the manufacturer's warranty that the product will have by law?

Think that the manufacturere can probably afford the loss much more comfortably than the retailer. 

The other alternative is to only buy on Amazon who will always give you your cash back, but then we can't complain when all the shops are closed!


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## Jenny Jitterbug (Aug 26, 2020)

So retailers have no obligation to ever give a refund unless you take the DVDR out of the box and test it in front of the seller before leaving the store.


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## Overandout (Nov 10, 2012)

Jenny Jitterbug said:


> So retailers have no obligation to ever give a refund unless you take the DVDR out of the box and test it in front of the seller before leaving the store.


Maybe you are not replying to my post, or perhaps I have not explained myself well enough.

You CAN force the retailer to refund you under law, in fact even if the defect appears several months after purchase, the law is on the customer's side and will determine that the defect was present at the time of sale (even if not visible).

However as this is unlikely to be an easy process, requiring the lodging of the formal complaint forms and awaiting the resolution as was advocated by many poster prior to mine, my advice was simply to be practical and make use of the manufacturer's warranty which will be less troublesome, ultimately quicker and a "win - win" for you and the retailer (you get your product repaired / replaced, and he doesn't lose the sale and stock).

But you are of course free to choose whatever course of action suits you, and if you feel that legal righteousness is more important than a practical solution, there's certainly some merit in that.


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## Jenny Jitterbug (Aug 26, 2020)

Overandout said:


> Maybe you are not replying to my post, or perhaps I have not explained myself well enough.
> 
> You CAN force the retailer to refund you under law, in fact even if the defect appears several months after purchase, the law is on the customer's side and will determine that the defect was present at the time of sale (even if not visible).
> 
> ...





Overandout said:


> Maybe you are not replying to my post, or perhaps I have not explained myself well enough.
> 
> You CAN force the retailer to refund you under law, in fact even if the defect appears several months after purchase, the law is on the customer's side and will determine that the defect was present at the time of sale (even if not visible).
> 
> ...


Bad news if the manufacturer is in China.


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## Isobella (Oct 16, 2014)

Apologies if this has been linked as not read all the thread.









Your rights when shopping in the EU - Your Europe


Your consumer rights when something goes wrong with goods you bought in the EU (online, mail order/catalogue, from a shop). Faulty or broken goods, missing/late delivery, returns.




europa.eu


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## Overandout (Nov 10, 2012)

Jenny Jitterbug said:


> Bad news if the manufacturer is in China.


No, they are obliged to comply with their statutory warranty obligations in the place of retail. So where they made the product is totally irrelevant.


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