Damaged Goods from EU

born_again

MattMattMattUK said:

NeverTooLate said:

Legal action in a Spanish court, if you actually have the right under Spanish law and the terms and conditions, which means unless the replacement glass was very expensive it probably is not worth the bother. 

Would my credit card company be able to get a refund for me?

Only if you are legally entitled to one under Spanish law. They will likely want you to demonstrate a breach of the relevant law or contract to process a chargeback and will be very reluctant to process a S75 claim as that costs them money.

In the OP's case a chargeback could be done on the grounds of faulty goods. But the OP would be expected to return to the retailer.

A chargeback is over & above any consumer rights. Is based on card regulations. Only S75 has any relevance to breach of the relevant law.
The fact that the company are in Spain would makes no difference in either case.

powerful_Rogue

NeverTooLate said:

MattMattMattUK said:

NeverTooLate said:

macman said:

Why do so many people order stuff and then not open it to check it for days or weeks afterwards? It happened with a TV set on here recently. 
Anything with glass in it is going to be vulnerable in transit.

Not sure how it would have made any difference if we'd opened it sooner, we're still within the 14 days cooling off period for online goods.

I am not sure you are covered by this. The EU/Spanish laws that related to the cooling off period apply to residents of EU states, you are not a resident of an EU state. UK law does not apply because your transaction was conducted in Spain, under the jurisdiction of Spanish law. The Spanish laws, relating to online sales, shipping goods outside of the EU will be more complicated, something which you need to investigate and verify, rather than just assume apply.

I have tried to investigate, but can't find a definitive answer - Brexit has certainly muddied the waters, hence posting here to see if anyone with better knowledge of Spain's consumer law could help.

The company's website states that they have a cooling off period.

Brexit has not muddied the waters - Even before you would have to of gone by the Spanish rules.

You're not using the cooling off period though, you are claiming for faulty goods.

the_lunatic_is_in_my_head

MattMattMattUK said:

NeverTooLate said:

macman said:

Why do so many people order stuff and then not open it to check it for days or weeks afterwards? It happened with a TV set on here recently. 
Anything with glass in it is going to be vulnerable in transit.

Not sure how it would have made any difference if we'd opened it sooner, we're still within the 14 days cooling off period for online goods.

I am not sure you are covered by this. The EU/Spanish laws that related to the cooling off period apply to residents of EU states, you are not a resident of an EU state. UK law does not apply because your transaction was conducted in Spain, under the jurisdiction of Spanish law. The Spanish laws, relating to online sales, shipping goods outside of the EU will be more complicated, something which you need to investigate and verify, rather than just assume apply.

The UK regs don't appear to imply that consumers are excluded based on their location, obviously there is the difficulty of enforcement but if the card provider were jointly liable that would be an avenue.


Whether Spanish Law follows ours I don't know but everything should be drafted from the EU directive which is here:


https://eur-lex.europa.eu/eli/dir/2011/83/oj


Under Chapter III for withdrawal of the contract. Rather long to read through for my liking though. 


@unholyangel does the CCRs apply to all consumers regardless of location? 


On the OP's issue Chapter IV covers passing of risk:

In contracts where the trader dispatches the goods to the consumer, the risk of loss of or damage to the goods shall pass to the consumer when he or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods and that choice was not offered by the trader, without prejudice to the rights of the consumer against the carrier.

Implying to my limited understanding that damage occurred whilst the goods were at the trader's risk and thus the trader is obligated to resolve the matter. 

NeverTooLate

Thanks for all the useful advice, I will need to read all the links and see where I stand.

Probably not worth pursuing for the cost of the broken glass, but would like to make sure that I give the company the opportunity to put it all right before I give them a bad review to warn others.

mattyprice4004

NeverTooLate said:

macman said:

Why do so many people order stuff and then not open it to check it for days or weeks afterwards? It happened with a TV set on here recently. 
Anything with glass in it is going to be vulnerable in transit.

Not sure how it would have made any difference if we'd opened it sooner, we're still within the 14 days cooling off period for online goods.

I'm not sure if that's sarcasm, but you said yourself that if you'd reported it quicker the company would have been able to help.