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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Leghal tip 164. Returns and refunds in stores
16 October 2009 @ 11:14

Stores are not legally obliged to make returns of products in good conditions, but most of them accept it as a matter of customer care.  

When do they have to return my money?

If there is a manufacturing defect prior to the sale, money needs to be returned: you can refuse vouchers or cheques. If you paid with a credit/debit card, the return will be made to the card.
 
One important tip: If you have a publicity material of a store which affirms the devolution of a product if the client is not satisfied, or find the same at at cheaper price…. Play it, use it as they are binded. Publicity is not a game or a tale.
 
For instalments buying, you need to verify the inclusion of a clause that enables the cancellation of the purchase contract within three days after delivery of the item.
 
For doorstep and distance selling, there is a seven days period from receipt of the good to return the product.
 
 
 
 Autumn Forest Pathway, El Escorial, Madrid by Lawmoment at Flickr.com


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9 Comments


arne56 said:
18 October 2009 @ 15:51

In two occasions I had to pay for transport of the item left to the shop for guarantee repair. Last time it was within 6 months, so I claimed a new phone. Had to pay €12 for "transport" to get it out from the shop.
Is that right?


arne56 said:
18 October 2009 @ 20:36

In two occasions I had to pay for transport of the item left to the shop for guarantee repair. Last time it was within 6 months, so I claimed a new phone. Had to pay €12 for "transport" to get it out from the shop.
Is that right?


Matt said:
18 October 2009 @ 21:06

Hi there,
I was on vacation in Mallorca 3 months ago and I noticed that there is no VAT refund anymore in accordance with the VAT paid on the item purchased. Instead there is a sliding scale that has been established so that only about 10% max is refundable. Upon leaving the UK, there was an additional administrative charge of 3% on processing my refund which left me with about 7%. In my opinion his tax free shopping is the biggest money making racket in the EU.


Maria said:
20 October 2009 @ 14:23

No, it is not right. Ask for the reimbursement of that and if not honoured, go to the nearest OMIC.
Best wishes,
Maria


arne56 said:
07 January 2010 @ 11:34

Hola Maria
Is Your answer for me (arne56) or Matt? A am still trying to find OMIC in Torrevieja.
Recently we had a engineer trying to find out what was wrong with our dishwasher bought 23 months ago. He could not find the fault (the machine sometimes stop in the middle of the program)
He charge us EUR 22 for "transport".
I went back to the shop and showed "ley de garantias en la venta de Bienes de Consumo" Articulo 6a), but they claim this is only valid first six months and after that they can charge for transport and travel.
Is this a mix up or do they stick to some old law?


arne56 said:
07 January 2010 @ 11:58

Just a comment about the dishwasher.
Installation in our house was included in the price.
I am also confused over the word "especialmente" in Articulo 6 a) I guess it means "including" and "así como" means "also" in this text.


arne56 said:
07 January 2010 @ 12:18

More questions
I found "Real Decreto Legislativo 1/2007" Articulo 8.
Does it change anything regarding Garantia in Ley de garantias en la venta de Bienes de Consumo" Articulo 6a ?


Maria said:
07 January 2010 @ 12:43

According to new Consumers Act, which effectively abolished Ley de garantías en la venta de Bienes de Consumo, you have two years for free reparations ( including transportation).


Maria said:
10 September 2011 @ 14:15

Hello Maria!
I bought a leather jacket at some small shop at the Old City of Marbella. in 3 days I decieded to get it back and refund my money ( I did not wear a jacket and have all it's documents and the pocket as well). As I know all shops provide with the refund during 30 days. Plus I called to the regional police of Andalusia and they confirmed that the refund should be done. But seller refused to make a refund and talked to me in a agressive way, telling me that I made his items dirty while trying them on and plus he spent on me more than 2 hours of his working day. That' s not truth as I made my buying very quickly and I' m regarding all his speach as an offence.
Seller also told me that he has his own policy and never makes refund. But he did not prevented me about this fact when I made a buying and there is no any information concirning this fact in his shop. Plus he has no complain sheets at his shop at all.
How and where can I protect my costomer rights? And how to make the refund?
Thank you very much in advance!


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