COnsumer Law in Spain

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

Barry

Barry even in the UK one must be able to prove where and when the item was purchased. If you can’t I cannot imagine how you can claim. 

(Not that it has any relevance to this problem, but the UK Sale of Goods Act,  I am pretty certain,  relates to the seller not the manufacture).

Another complication, depending on the cost of the camera, the duty free allowance from Gig , not including cigarettes etc is to the value of £145.  Thus if the camera cost more than that it should have been declared upon entry to Spain and the duty paid on the TOTAL COST, not just anything over the allowance.

 Also several people travelling together cannot add their allowances together, i.e. a couple still only have the £145 EACH, so an item costing over £145 must be declared and duty paid.

If it was declared then you should have the customs payment record, that would tend to prove when it was purchased.

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

Barry

I can't see how you could try and get a resolution to this matter in Spain if you purchased the camera in Gib.

Have you tried taking it back to the shop in Gib?  You never know, they may be willing to help.

However, I think without a receipt you will struggle to get this sorted anywhere.

Justin

I once bought a computer in the US, there was a problem with it in the UK and the maufacturer tried to repair it, couldn't do it so they replaced with an updated model, no quibbles about it although the whole process did take about a month. Some warranties are international but I imagine they would want some proof of purchase to ensure it is still within it's guarantee period.

 On my last trip to Spain I bought  a hairdryer, it spluttered and died as soon as I switched it on. I can't find the receipt so haven't even tried to return it. A word of warning though I bought it from Carrefour who apparantly often put faulty goods back on the shelves for re-sale, some friends of mine saw an iron they'd returend back on the shelf, they recognised it by the scorch marks on the base. 

Carrefour are really bad at that. You must NEVER buy anything from there where the box has previously been opened...even if it is the last one and you really want it!  It's always guaranteed to have something missing or not working. 

They are very naughty putting used stuff back on the shelves.  I've been caught out by it enough times that I never buy anything there any more.

Justin

Justin,  that is the time to ask for the complaints form.  That will ensure thaye stop doing it.