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Better warranties for consumers in Spain

Kimmy11Posted by Kimmy11 on Wed Jan 5, 2022 10:31am in General discussion
17 replies1338 views6 members subscribed

Hi all,

There's been a change to Spanish law this month that provides better protection for consumers:

"From January 2022 consumer goods sold across Spain and the EU will have a mandatory 3-year warranty instead of 2.

"One of the markets that will be most affected is that of second-hand cars. 

"If you buy a used vehicle in 2022 and it breaks down before a year has passed, it will be the seller who will have to deal with the repair.

Article continues below

"The warranty changes benefit consumers because they will be more protected, but it has its negative aspect: goods will be more expensive as companies have to cover the extra costs of having more spare parts and repair capacity."

Source: The Local

Kind regards,

Kim


Written by

Kimmy11

Kimmy11

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Q

Posted: Sun Jan 9, 2022 4:24pm

Q

Posts: 7

Location: Benijofar

Joined: 9 Nov 2020

Posted: Sun Jan 9, 2022 4:24pm

Hi Kim


thank you for all your useful information you kindly share.

May I ask if there is an official sight we can look at this information as well as show to vendors who dispute this.  

My friends have recently had a issue with the Chinese stores who seem to decide a warranty period they deem appropriate.  I am not personally sure of the whole conflict but the police were involved and eventually the consumer authorities.

Thank you for your help, if it’s possible.  

Kimmy11

Posted: Sun Jan 9, 2022 7:55pm

Kimmy11

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Posted: Sun Jan 9, 2022 7:55pm

Hi Q,

This is a simplified description of the new law - see section C):

chrome-distiller://a2c6e4b4-b85c-407f-8518-831a7ce6488f_17bc307354524577e33122223de8ef6c331b2d5ccbec19eb6c913a5e736415cc/?title=Amendments+to+consumers+regulation+%7C+Ramon+y+Cajal&url=https%3A%2F%2Fwww.ramonycajalabogados.com%2Fen%2Famendments-consumers-regulation

I notice that your location is showing as Benijofar and I wonder whether the Chinese bazaar where your friends have experienced difficulties is the large one on the way to Quesada?  I've had problems in that one - they have hand-made signs behind the tills stating no cash refunds given, but they also refused me an exchange for a faulty item.  I asked for the Hojas de Reclamaciónes (official complaints book), at which point they became very abusive, but I stood my ground and eventually got an exchange, but they'll never have my custom again.

Kind regards, 

Kim

Lukas

Posted: Sun Jan 9, 2022 9:37pm

Lukas

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Posted: Sun Jan 9, 2022 9:37pm

This post is not accurate.

While this change may be valid in Spain, please note that the EU did not mandate a 3 year warranty. The minimum is still 2 years, see: https://europa.eu/youreurope/business/dealing-with-customers/consumer-contracts-guarantees/consumer-guarantees/index_en.htm

I would remove "across EU" from the article.

Cheers!

Kimmy11

Posted: Sun Jan 9, 2022 10:36pm

Kimmy11

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Posted: Sun Jan 9, 2022 10:36pm

Lukas wrote on Sun Jan 9, 2022 9:37pm:

This post is not accurate.

While this change may be valid in Spain, please note that the EU did not mandate a 3 year warranty. The minimum is still 2 years, see: https://europa.eu/youreurope/business/dealing-with-customers/consumer-contracts-guarantees/consumer-guarantees/index_en.htm

I would remove "across EU" from the article.

Cheers!

It´s not my article to "remove" anything.  The change became law in Spain on 1 January 2022; please note that the date on the link you have provided states 26 March 2021.

Cheers!

TP20

Posted: Mon Jan 10, 2022 8:25am

TP20

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Posted: Mon Jan 10, 2022 8:25am

Kimmy11 wrote on Wed Jan 5, 2022 10:31am:

Hi all,

There's been a change to Spanish law this month that provides better protection for consumers:

"From January 2022 consumer goods sold across Spain and the EU will have a mandatory 3-year warranty instead of 2.

"One of the markets that will be most affected is that of second-hand cars. 

"If you buy a used vehicle in 2022 and it breaks down before a year has passed, it will be the seller who will have to deal with the repair.

"The warranty changes benefit consumers because they will be more protected, but it has its negative aspect: goods will be more expensive as companies have to cover the extra costs of having more spare parts and repair capacity."

Source: The Local

Kind regards,

Kim

LMHO 🤣 it will never happen here consumers are treated like sh*t in Spain

Richmond

Posted: Mon Jan 10, 2022 12:31pm

Posts: 11

6 helpful points

Location: Oliva

Joined: 26 Jun 2021

Posted: Mon Jan 10, 2022 12:31pm

Kimmy11 wrote on Wed Jan 5, 2022 10:31am:

Hi all,

There's been a change to Spanish law this month that provides better protection for consumers:

"From January 2022 consumer goods sold across Spain and the EU will have a mandatory 3-year warranty instead of 2.

"One of the markets that will be most affected is that of second-hand cars. 

"If you buy a used vehicle in 2022 and it breaks down before a year has passed, it will be the seller who will have to deal with the repair.

"The warranty changes benefit consumers because they will be more protected, but it has its negative aspect: goods will be more expensive as companies have to cover the extra costs of having more spare parts and repair capacity."

Source: The Local

Kind regards,

Kim

Good news with a big BUT. Consumer protection laws have been EU inspired for decades and the UK had a reputation for  introducing them in timely fashion. That was then backed up by a highly efficient Ombudsman service and gov. regulator FSA etc. 

Spain appears to have no efficient or willing(?) enforcer. One reads time and again on social media consumers being treated as third class citizens in Spain with little or no recourse to enforcement agencies.  (I won't even start to talk about care hire....  )   So, the law exists but how best to use it?? 😎

Janetmez

Posted: Mon Jan 10, 2022 1:19pm

Posts: 9

2 helpful points

Location: Villamartin

Joined: 28 Nov 2019

Posted: Mon Jan 10, 2022 1:19pm

I recently transfered £5000 to the wrong Bank in Spain.

Both the client and the bank have now closed.The Bank is Caja Rural Ctr

My bank the Halifax have .tried to get it back without success . I have emailed them without a reply I would like to know what to do next if anyone can  help.

Janet 

Lukas

Posted: Mon Jan 10, 2022 2:35pm

Lukas

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Posts: 129

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Posted: Mon Jan 10, 2022 2:35pm

Janetmez wrote on Mon Jan 10, 2022 1:19pm:

I recently transfered £5000 to the wrong Bank in Spain.

Both the client and the bank have now closed.The Bank is Caja Rural Ctr

My bank the Halifax have .tried to get it back without success . I have emailed them without a reply I would like to know what to do next if anyone can  help.

Janet 

Please take a look here: https://www.ruralcentral.es/en/customer-service

Section Complaints and Claims. There is clear escalation path. When using physical post, make sure it's registered post so you have proof.

Kimmy11

Posted: Mon Jan 10, 2022 3:10pm

Kimmy11

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Posts: 4827

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Posted: Mon Jan 10, 2022 3:10pm

Richmond wrote on Mon Jan 10, 2022 12:31pm:

Good news with a big BUT. Consumer protection laws have been EU inspired for decades and the UK had a reputation for  introducing them in timely fashion. That was then backed up by a highly efficient Ombudsman service and gov. regulator FSA etc. 

Spain appears to have no efficient or willing(?) enforcer. One reads time and again on social media consumers being treated as third class citizens in Spain with little or no recourse to enforcement agencies.  (I won't even start to talk about care hire....  )   So, the law ex...

...ists but how best to use it?? 😎

Hi Richmond, 

At Spanish government level, AECON (the State agency responsible for consumer affairs) co-ordinates 11 different consumer associations, such as banking, retail, food, health and safety, etc. to develop Spanish law and policy in line with EU legislation.  Application of this law is devolved to the regional governments.  OCU is the association with primary responsibility for consumer issues relating to products and services:

https://www.ocu.org/ 

Official complaints made via the "Hojas de Reclamaciones" (complaints book) are submitted to the local OCU office, usually located at Town Halls, although larger districts may have a dedicated office.  Usually, asking for the complaints book achieves the desired result, although I once had to resort to the complaints book in a Chinese bazaar.  I've returned a faulty tablet to Media Markt,  obtained a repair for a faulty fridge-freezer from Tien21, and returned a top to Zara simply because I changed my mind when I got home, and I had no difficulties in doing so.  I always retain receipts, guarantees, register electronic goods and high value items on the manufacturer's website, and know the approach I'm going to take with the retailer before I return there.  Knowing your rights and asserting them quietly and firmly is the best approach - being aggressive and shouting won't help.

I think some of the problems with foreigners in Spain, including Brits, is that they assume their rights are the same as in their home country - even though it's many years since M&S gave cash refunds for returning goods without a receipt! 😄  

Kind regards, 

Kim

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