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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6299
Experience:  Spanish Attorney
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Whilst on holiday if Tenerife due to bad weather we took a

Customer Question

Whilst on holiday if Tenerife due to bad weather we took a day trip around the island at a bargain price including lunch. The first stop was an office block where we were given a sales presentaion of a sleep system (we didn't read the small print on the flyer) in the room there were around ten couples from the uk we were paired with a couple who had purchased the product previously and they encourage us saying how good it was and in fact the bought a second set of the mattress and bedding cost £1498. We were impressed by the statements made regard how this revolutionary German system would transform our interrupted sleepless nights . We order a set but did not have to pay until 7 days after delivery. It wa delivered and installed and I was most unhappy with the results no miraculous change same old sleepless nights . I called the sales rep in Tenerife she stated the had never had a cancelled sale and asked me to persist for several more weeks, having now used the system for 7 weeks I called to cancel the sale ( still no monies have been paid) and she stated the only thing I could do is return it to Germay and pay the carriage plus 30% surcharged or send it back to Tenerife at my cost ( £1000 plus) and they would dispose of it. Question what are my rites being the sale was arrange in Tenerife and that no monies have so far not been paid.
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
Hi thereYou have some rights fron european consumer protection sistem to help youThe first right is that you have to get a signed contract wiche says all your rights, includind 20 days colling periodThe problem is taht you could probe you have had the goods for 7 weeks and if you ask for the return previoslyIn all cases, the way to protect your self will be to threat them to go to the spanish consumer office at Gobierno de Baleares to denounce themProbably they give your money back if you do that because their sistems are close to be samers and they do not need the spanish consumer oficce againts themLet they know about your idea to denounce them to the Gobierno the Baleares and if they do not answer go further and let them know that you will contract a local atorney to demand them at courtIn most cases, my experience says that just with threats you will get your money back because their sistems are black and they do not want businesss with spanish consumers protection autoritiesThank you
Expert:  José M. replied 2 years ago.
I am on line if neededPlease ask what you needThank you
Customer: replied 2 years ago.
The thing is I haven't paid any monies, because I was unhappy with the goods they delayed my payment. On signing the order no payment was requested and was to be paid in full 7 days after delivery of the goods. The cheapest cost for me to return the goods back to Tenerife is £725 which they are asking me to pay.
Expert:  José M. replied 2 years ago.
According to spanish law, when a consumer uses his right in colling period to broke the contract, the seller has to pay all expenses
So you have to pay nothing
If you do not pay the only could sue you at spanish court because is the aplicable law, so, at spoanish court you will have to pay nothing
I am sure they never sue you, so, do not pay and ask them to came for the goods to your home
It is what I do if I were you
They are not going to sue you, they do not need problems, they will look for another victim/client
Thank you
Expert:  José M. replied 2 years ago.
Hi there
I see that you reach my answer
Please to rate positively the service, thank you