My consumer rights in Spain?
Posted: 09 April 2010 01:50 AM  
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I?ve paid for a pair of glasses from my local optician in Gipuzkoa. Since buying them in Feb this year I have been back 7 times to the shop with issues regarding,

1. The lens…blurred/slight distortion when I look in either direction. The optician has changed the lenses 3 times and still the problem exists.

2. The fitting on my face. He has ajusted them several times but still they are uncomfortable. Initally he suggested I do this at home using a hair dryer…to heat and bend the plastic of the frames!!!

3. The most recent lens were fitted badly. There is space between the frame and the lens and they do not feel secure.

To be honest I have had enough of going to him with these issues. I don?t like his advice nor his workmanship. I would like to have my money back (?450) so I can go to an shop who I feel can do the job properly.

Do I have a right ot my money back? Is there any law I can quote or print and show to him in my defense? I paid part with cash and part credit card.

Many thanks for your help.

Tony

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Posted: 09 April 2010 01:17 PM   [ # 1 ]  
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Your local council will be able to advise you of your rights, consumer protection laws have been improved in the last few yrs.

With all things legal and Spanish its best to visit in person explaining your circumstances.

This may help with an outline of the rules.

http://www.consumo-inc.es/

http://cec.consumo-inc.es/cec/secciones/Ayuda/Derechos/Espana/Derechos_en.asp

I copied this from the site.

When you have bought a product, you only have the right to ask for a reparation, to exchange it or to have the amount you paid returned if it is faulty.

If you want to exchange a product not because it is faulty, but for other reasons, -the colour, the size is not the right one, etc- the establishment is not obliged to make this exchange or to return the money, unless it has verbally informed you, or explained in its advertising that this possibility exists.

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Posted: 09 April 2010 03:15 PM   [ # 2 ]  
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Santi. You are a star. You?ve hit the nail on the head.

I can now arm myself with this and go back to the guy.

Very much appreciated.

Tony

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Posted: 09 April 2010 06:36 PM   [ # 3 ]  
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Glad to help.

Good luck.

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“I am only a child playing on the beach, while vast oceans of truth lie undiscovered before me.”

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Posted: 09 April 2010 08:28 PM   [ # 4 ]  
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Tony, I am sure Santis advice is 100% correct.
Also.. if you get no truck with the optitians/ they will not refund/finish the job to your satisfation (i.e a wearable, useable pair of glasses!) you should ask for the ‘Libro de Reclamaciones’. Every business in Spain (including your local tapas bar) should have one - It is the law! (If they will not produce it, you are entitled to call the local police to assist).
Basically once it reaches this stage (if he will not fulfil the refund/job to your satisfaction), you will be given a copy of your complaint (must be in Sp)... which you take to the local Consumer office (OIC), who then act as abitrator between you and the opticion.

Most will settle once you go down this route. If not - you have fulfilled the legal requirements and if worst comes to worst - you have the paperwork to go down a civil claim in court.
But hoping you don’t have to! (As I say, most will settle rather than do this as it goes on record with the local authorities there was a complaint). 😊

Good luck!

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Posted: 11 April 2010 12:45 AM   [ # 5 ]  
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Good news. My optician gave me a full refund without any hassal.

I stated my issues and mentioned that I had read my rights in Spanish Consumer law and immediately he complied.

He is a nice guy but I just wanted to be sure where I stood if things got messy. Thankfully it went well.

Again thank you for help Santi.

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Posted: 11 April 2010 12:47 AM   [ # 6 ]  
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...and to you too Susanspain.

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Posted: 11 April 2010 12:32 PM   [ # 7 ]  
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Good result.

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“I am only a child playing on the beach, while vast oceans of truth lie undiscovered before me.”

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Posted: 11 April 2010 06:47 PM   [ # 8 ]  
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Great to a happy ending for once! 😉

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Posted: 11 April 2010 10:00 PM   [ # 9 ]  
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Good for you! Too many people assume they have no rights and just whinge.

There is consumer protection is Spain so use it.

Good old (sorry just a turn of phrase) Santi!

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Rob
http://spainreexposed.wordpress.com/

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