Passing the buck on Consumer Rights?

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18 Mar 2008 00:00 by nfm2862 Star rating in Welling, Kent & Al A.... 1461 posts Send private message

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The development of Al Andalus Thalassa in Vera, Costa Almeria is part way through the owners completing their purchases.

As part of the purchase price, the apartments & duplexes come fully furnished, including white goods (Fridge/Freezer, Washing Machine, Dishwasher, Microwave, Cooker) & Air Conditioning.

Many people have raised snagging issues with the white goods, where they are not working or were damaged in the delivery/fitting process. There have been major issues with the Air Con as well, where it has not been connected properly & in some cases has been downright dangerous.

Up until now the developer has taken these issues on snagging lists & has not made any comment. However, they have sent the following email to our keyholder:

I inform you that all the white goods are in guarantee from the moment the owner completes the property, so the procedure is the following, when owners have anything not working properly. They have to contact themselves with the technical service. we don't do properties maintenance. I'm going to provide you the phone numbers like that you can do it for your clients. So don't send us anymore snag like this because we are not ordered to do it.

In the UK, the company selling the goods, would under consumer law have to repair or replace goods that were not "fit for purpose" regardless of any manufacturers guarantee.

I was just wondering, under Spanish Consumer Laws, whether the developers can pass the buck & wash their hands of these issues so easily? Any advice gratefully received.

Thanks

Noreen




This message was last edited by nfm2862 on 3/18/2008.

_______________________

www.alandaluscarhire.com

www.vera-apartment.com

www.verathalassa.es 
 




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18 Mar 2008 19:27 by jane b Star rating in Bedar, Almeria. 222 posts Send private message

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Hi Noreen

I posted on 25 Feb about Consumer Rights regarding faulty merchandise, as the laws have been significantly tightened to be  more like UK.

The link to the Consumer Rights site is : http://www.ceaccu.org/ley_garantias_bienes_consumo.htm    It is in Spanish but I have summarised it in English in my previous post.  Sorry no idea how to link to it (I need More for that!) but if you search my posts you will find it.

I guess it all hinges on whether the developer will be considered to be the retailer in these circumstances or whether it will be the local retailer who supplied the goods who is responsible.  In any event, you should NOT be fobbed off with having to contact any tecnicos or anything - the vendor is responsible for sorting it out, not the manufacturer.

Perhaps Maria can help on whether it is the developer or the actual retailer?

Good luck - I don't imagine it will be easy.



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18 Mar 2008 19:45 by nfm2862 Star rating in Welling, Kent & Al A.... 1461 posts Send private message

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Hi Jane

Thanks for your reply & the link. Unfortunately, my computer has a mind of its own & only lets me look at certain pages that it chooses!!!

One of the glitches is that I cannot search the forums under individual names, it only lets me do so by subject. Do you have any idea which board/thread you put the information on?

As you say, maybe Maria will also be able to help.

Regards

Noreen



_______________________

www.alandaluscarhire.com

www.vera-apartment.com

www.verathalassa.es 
 




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18 Mar 2008 19:57 by jane b Star rating in Bedar, Almeria. 222 posts Send private message

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Hi Noreen

Not sure where it was, so thought the best route was to paste most of it here!

Do you know your real rights in respect of faulty merchandise?  You may not be aware that it is now much more like UK law than most retailers would have you believe. 
 
You can find it all here: http://www.ceaccu.org/ley_garantias_bienes_consumo.htm  It is worth printing a copy to take with you if you have a problem, even if you don’t speak much Spanish, as it is common for the retailer to insist that it is the manufacturer who is responsible and say either ‘we will send it back to the manufacturer for them to look at it’ or 'we will arrange for a tecnico to visit.'
 
Even If you don’t speak enough Spanish to get the gist, it is still worth printing it all off if you are going in to battle, but all you really need to know is that
 
The period of the guarantee is a minimum 2 years
 
During the first six months you have the right to choose between a new item and repair. They will almost certainly try to get you to accept the repair – be firm if you feel that this is not appropriate.  Clearly it would be unreasonable to insist on a repacement for a minor, easily repaired fault, but if an item has a series of faults or just plain doesn't work properly, then a replacement is more appropriate.
 
Responsibility to resolve any problem now lies with the vendor and it is up to him to sort it out with the manufacturer. This should mean that if you opt for a new item, you should get it without prevarication, and if a repair is appropriate, the sorting out is his responsibility and presumably he should do it quickly.
 
If there is a big demand, I will translate it and post it, but PLEASE don’t try using an on-line translating programme (I will be posting about those another day!)
 
If you meet with resistance, then you need to ask for the hojas (or libro) de reclamaciones. That usually does the trick as these are taken very seriously by the authorities, but it is a bit of a pain because the onus is on you to take your copy to the Consumer people at the Ayuntamiento to register it. 
 
Clued-up retailers find this law to be better rather than worse for them – one told me that she is delighted because she has plenty of power with the suppliers and she much prefers to keep her customer happy with an immediate replacement and sort it out with the supplier later.
 
I only found out about this as a result of an internet search after a frustrating 6 week struggle trying to get a new phone out of Vodafone. The one I bought didn't work from day 1 despite being returned no less than 3 times to Samsung. I printed it off with an accompanying letter setting out the whole story and 2 days later, guess what, new phone!
 
Good luck!
Jane


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18 Mar 2008 20:19 by nfm2862 Star rating in Welling, Kent & Al A.... 1461 posts Send private message

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Jane

You are a star!

Thank You

Noreen



_______________________

www.alandaluscarhire.com

www.vera-apartment.com

www.verathalassa.es 
 




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18 Mar 2008 20:23 by Marksfish Star rating in Vera, Almeria. 2572 posts Send private message

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You should find the whole post here Noreen.

Mark





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18 Mar 2008 20:52 by nfm2862 Star rating in Welling, Kent & Al A.... 1461 posts Send private message

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Thanks Mark

You are a star too!!

Noreen



_______________________

www.alandaluscarhire.com

www.vera-apartment.com

www.verathalassa.es 
 




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