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View Full Version : Returning faulty goods to a shop - advice needed



cainaries
20-11-2011, 19:17
This is just a question about the legal situation (not about plumbing or bathroom shops ....)

We bought a whole bathroom suite plus tiles etc. The last thing our plumber fitted was the shower and it was faulty. We took it back and the man tried to tell us we had to get it repaired ourselves. Fortunately we bumped into the delivery driver who said he would try to get it fixed in their workshop. We collected it the next day and plumber installed it and it started leaking this morning so I am running around with sopping towels etc.

We think the shop should replace it without question (as they would have to do in the UK) but we don't know if we are entitled to ask for this here. Also, if they refuse, can we ask for an oja de reclamacion?

Many thanks for advice!

warbey
20-11-2011, 19:49
What does Your plumber say?
He trades with these People presumably, can He be of any help.
Worth asking I think.?

cainaries
20-11-2011, 20:05
What does Your plumber say?
He trades with these People presumably, can He be of any help.
Worth asking I think.?

The plumber is a nice guy but, no, he doesn't trade with that particular shop. All he has said is that he knows their reputation and that if he gets involved they will say that he broke it when he installed it (anything to avoid responsibility in other words). From the reaction we got when we took it back we're sure they knew it was faulty and that we weren't the first people to have returned it because it didn't come packaged in a box like all the rest of the stuff. We should have smelt a rat at that point but we didn't. If we had only bought the shower column we wouldn't mind quite so much but we have spent a LOT of money in that shop this month and we think they should replace it with a new one.

9PLUS
20-11-2011, 20:42
What is the exact fault?

cainaries
20-11-2011, 21:06
Sorry - ALL I want to know IS - do they have to replace something sold at full price if it arrives at our house faulty (i e it leaks (as mentioned)). Is there a Spanish law about the sale of faulty goods, that's what I want to know, please.

andyb
20-11-2011, 21:18
Sorry - ALL I want to know IS - do they have to replace something sold at full price if it arrives at our house faulty (i e it leaks (as mentioned)). Is there a Spanish law about the sale of faulty goods, that's what I want to know, please.

not an expert but, the 'sale of goods act 1974' was borne out of europe. that is what applies in the uk, and i believe applies throughout any european country/province. basically, within 6 months of purchase, it is down to the vendor to prove the goods were saleable at the outset. keep all reciepts, exchange notes etc, and get proper advice. not just because of the shower, but associated costs you will have accrued. don't let the cowboy win, it happened to me and i know how you feel. keep pushing!!

9PLUS
20-11-2011, 21:19
1st year in shop

2nd year with the manufacturer

It should say on your receipt that returns are for X amount of days


Alarm bells rang when your Plumber said if he gets involved they'll say he broke it.

Persistence you will need i should get onto the offical rep and explain to them your situation

timmylish
20-11-2011, 23:27
We have always worked on the basis of a 15 day period from the date of purchase allows to cancel for any reason, return the item and get either a cash refund or c/c devoluccion. Now, hopefully, if you used a c/c or a card with Visa on it that Bank/Company may be of help in any argument. Not wishing to offend but the laws here are not the same as in the UK!
Know its Sunday but keep us posted 'cause we have never had any problem in obtaining a refund when it has been required (very rarely I have to say)

cainaries
21-11-2011, 11:40
Thanks everyone! The plumber arrived first thing this morning as he is a conscientious worker and has found a faulty washer in the unit. This is not exactly expensive to replace so we are currently letting him replace it and waiting to see if it solves the problem which will be less traumatic than dismantling the whole unit again and going back again and having to get the plumber back again. And we are telling everyone we meet not to go to that shop. And just about everyone we spoke to has a horror story about them. So now we know! Since I'm not on Tenerife probably not worth mentioning their name but, funnily enough, it rhymes with Crapper!

PS - we took the receipts back to the shop with us the first time but they were waved away dismissively. A rule here seems to be that goods should be returned in their original packaging. We have a garage full of boxes as it is. This is why we should have noticed that the unit didn't arrive in its original packaging!

9PLUS
21-11-2011, 11:57
Blimey thats why i asked you first What is the exact fault?


Cause a leak in a shower unit is normally something simple and easily fixed

Malteser Monkey
21-11-2011, 12:29
Blimey thats why i asked you first What is the exact fault?


Cause a leak in a shower unit is normally something simple and easily fixed


I normally use the toilet :devil:

timmylish
21-11-2011, 12:49
Whilst I agree on the general priciple on packaging certain things are not possible. You need to rip off the outer cellophane and then dismantle all the innards to get at the thig. Again, generally, I would argue the toss on that one!
Anyway, hopefully the plumber done the job!

cainaries
21-11-2011, 15:52
Whilst I agree on the general priciple on packaging certain things are not possible. You need to rip off the outer cellophane and then dismantle all the innards to get at the thig. Again, generally, I would argue the toss on that one!
Anyway, hopefully the plumber done the job!

Thanks, let's hope so. There is no doubt here that any goods returned to the shop have to be in the original packaging. We just bought something else (from another shop!) and the guy said 'you must keep the box'. Goodness knows what people do if they don't have a garage. Presumably once the item is 2 years old you can throw out the box because the guarantee has run out.

The point of my thread was to try to establish the law in Spain like the one andyb referred to 'Sale of Goods Act' and to see if there is one. And I'm still not sure. Actually fixing the shower was a different issue.

warbey
22-11-2011, 21:32
I normally use the toilet :devil:


You have established this too.! lol :devil: