14 Nov 2011 9:49 AM:

Thanks Johnsx

It wsa interesing the  fact about the tax when you declare, i hadnt thought of that problem,  no it was not declared.

you are correct Sales of goods act is seller to purchaser.

if you look google either BERR Sales of goods Act  or BIS Sales of goods Act ( Goverment sites) question 7 on both and Answer

you do not have to provide a receipt.

Example if you return somethinh with St Micheal on it ,it's Prima Facie that the item originated from Marks & Spencer

Example if you buy electrical goods ( something with a serial no and the  CEsymbol it is tracable from seller to manufacturer.

this is EU mandatory on both the manufacture & the distributor. , so you would not have to provide a reciept,

Also there is case law.... if you bought something from Currys is Birmingham, it is deem that it would be pointless you taking it back to Comet in Wolverhampton.

They, Olympus say that the terms of their warranty is you have to have a receipt,

They through the CE code will know the date it wasmade, the date it was shipped from the far east, the day it was shipped to the distributor, who should be able to track when they shipped it to theseller.

There stance in the UK would be untenable through the small claims procedure, because they could be sued for attemted to mitigate their responsiblity, a breach of the unfair term in consumer contacts Act of 1999

If it had been purchased in the UK i would have already issued court proceedings

I'm keen to absorb simular laws in Spain.

The fall down is what you have point out .... sumgled goods ... no dudty paid.... to get sympathy from a court is an uphill battle..

I am verry grateful of you advice.

You and your family have a nice day

Barryjohnwebb

 

 

Thread: COnsumer Law in Spain

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13 Nov 2011 12:00 AM:

Can anyone Help me on Consumer Law in Spain

Not for me, I am helping a friends son who purchased an Olympus Uitough 6020 camera in Gibraltar December 2010 goes to 5m waterproof, unfortunately he paid cash for it  and he can't find receipt

They live in Spain his dad is president of our community , he used it in May in a swimming pool, depth 2.6m, he was taken pictures and then it stopped working,  it switches on but everything stays Black, no data saved it hasn’t worked since

Olympus say wont repair without a receipt.

in UK you do not have to provide a receipt under the terms of the Sales of Goods Act 1979.  The Item would be described as Not fit for purpose.and I would sue through the small claims court system because its easy.

I have spoken to the small claims court in Gibraltar, they said because he is a resident of Spain pursue Olympus through the Spanish court system

I am looking for their version of Sales of Goods Act,   Any help or advise gratefully accepted

Barry

Thread: COnsumer Law in Spain

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