French consumer laws????

[MikeandSue]

I bought a 'débroussailleuse' during April 2005 at a well known supermarket in Marsac, Perigeuex.  The weather was so wet for the following three weeks, that we were unable to use it.  When we did, it started, ran for ten minutes and then failed to start again.  I returned it to the shop, asked for my money back, which was refused, then a replacement, again refused.  Since then it has broken down on two further occasions after first time of use.  It has been in the apres vente since September 2005, and also because I complained that the plastic casing got so hot it burnt my arm (the casing also melted around the exhaust), it has since been sent away for tests.  I have told them since I have had it in my possession for only two of the fourteen months, that I should be given my money back.  I have travelled in excess of 600kms to this supermarket to try and resolve this problem, I have written numerous emails, letters, faxes, but seem to be unable to get to anyone in the company to respond.  It is apparently in Bordeaux and the person dealing with it now refuses to acknowledge my emails.  Has anyone got any ideas please,as to how I can get them to respond to the EU consumer laws?

Mike Cope

www.courdufleuve.com

[Nick Trollope]

As I understand it, they are not breaking any EU consumer laws - you are only entitled to a refund in rare circumstances and a replacement in equally rare ones.

French law is the same as UK law on this matter. However, UK suppliers tend to be more generous when it comes to consumer rights...

That said, there is a French equivalent of the Consumers Association, although I've lost the link. Someone will have it.

FWIW, I never buy this sort of stuff from a supermarket, or a brico, for just this reason, preferring to use my local "green" shop - after sales service is sooooooo much better!

[Sunday Driver]

Here is a paper entitled[url=http://www.consulegis.com/html/articles/Sale_consumer_goods.pdf] Implementation under French Law of the European Directive 199/44/EC of 25 May 1999[/url]outlining the EU directive on consumer rights.  It is the same EU law that is reflected in the UK Sale of Goods Act and all suppliers of goods and services (French or English) are bound by the same regulations.

In this particular case, the consumer may require the seller either to repair the goods or replace them.  Any repair or replacement has to be completed within a reasonable time and without any significant convenience to the consumer taking into account the nature of the goods and the purpose for which they were required.

The consumer may also require an appropriate reduction in the price or rescind the contract if the seller has not completed the remendy within a reasonable time or without significant inconvenience to the consumer.

Also, a link to a Consumer Protection [url=http://www.clcv.org/index.php?v=pres_anglais] website [/url]

[Wendy]

Did you pay by cash or credit card? If by card I would contact your card provider as the item was obviously sold 'not fit for purpose' and they should be able to go after the company and get you your refund. We had an incident at IKEA Toulouse with a very rude and nasty cashier.  We stood our ground, refused to leave the store until the 'top man' appeared and sorted it out. He did and we got our cash back on the spot. We too had travelled miles to go there. We wont be shopping there again.

[fermette]

We had a problem last month with a petrol mower on which the clutch burned out after only 1 week.  We were brushed off by the manager of the Brico who said that our contract was with the manufacturer and it would have to be sent away.  Overnight I searched on Google and found the equivalent of WHICH (www.quechoisir.org).  I found a law relating to "produits defectueux" which basically stated that any item which goes wrong within six months of purchase is assumed to have been faulty at the date of purchase.  You are entitled to a repair or replacement and the supplier is not allowed to offer you a third solution.  I printed off the law as summarised on the quechoisir website, quoted the exact words at the customer service desk and showed them the print out and it worked like a charm.  Immediately they said they could take the clutch off the only remaining new mower of that type and put it on our machine within the hour.  Job done!  Incidentally I think this is a European wide law and although they looked surprised at the brico when I quoted it, I can't believe that they didn't already know it. I am not sure when it was enacted so that might affect your purchase last year.

[Wendy]

Fermettee, we have found that the French are very, very bad at knowing, let alone following, EU Law. They tend to apply French law first and try to get away with that. We have found that you need to stand your ground, firmly!. Also, printing out EU directives and handing it to them tends to work. We have found that in almost every area of our lives here.  They dont like it. But, who were the founding members of this State in the first place?.

[Anton Redman]

First stage talk to the general manager rather than the oik/oarc on the returns desk. Make it clear you are not going away or bothered about time. If that fails it depends how thick your skins are but suggest standing outside with placades saying in French and English do not buy from here with explanations why. French News have their offices in Perigeaux and could probably be persuaded to cover the protest. In my experience the French would much rather put damaged goods back on the shelf than register a complaint with their supplier

[MikeandSue]

Thanks for all the responses.  I have now got onto French News at Perigeuex.  There was no surprise when the store in question, Auchun, was mentioned.  It seems that their after care service leaves much to be desired.  Be warned, we won't be shopping there again

 

Sue and Mike

[Sunday Driver]

Firstly, to clarify the legal position. 

Despite what has been previously declared, the French are not very, very bad at knowing, let alone following, EU Law.  This is because EU directives (such as this one concerning consumer rights) are not laws as such, but an agreed framework and timescale within which a national law must be implemented in each member state.  This means that the French are bound by their subsequent national law, and in this situation, it's the French Code de Consommation.  So that's the law you need to quote.

Here is the [url=http://www.legifrance.gouv.fr/WAspad/VisuArticleCode?commun=&code=&h0=CCONSOML.rcv&h1=2&h3=4]French law on defective goods[/url].

Article L211-7 deals with defects which occur within six months and Article L211-10 states that if the goods cannot be replaced or repaired within one month, then the buyer has the right to return them and get his money back.

That is the French law that the shop staff have been trained to understand and comply with.

I suggest you do as Fermette did and print this off and show it to the store manager.  This will demonstrate that you are fully aware of your consumer rights. Decide whether you want a replacement or your money back and make this clear to him. 

Frankly, I'm amazed that you're having such problems with a major national company like Auchun.  This should have been a no brainer, to be honest....

[MikeandSue]

Having made yet another trip to Auchan, I have now, after another hour and a half of waiting, got my money back.  I think it being'no brainer', rather inappropriate if you have the knowledge.  The problem was getting passed the vendeurs, who continually fobbed me off and pretended not to understand, isn't that what they can do so well when they want to?.  When I found a vendeur in another department, who was prepared to get a manager, then I made progress.  I made demands to see a manager on several occasions, but I was continually stone walled.

I'd like to thank everybody for the suggestions.  I have downloaded a copy of  the Consumer Code

http://www.afas-siamois.com/textes_code_consom_l_211-4a14.htm

0r English version

  http://translate.google.com/translate?hl=en&sl=fr&u=http://www.afas-siamois.com/textes_code_consom_l_211-4a14.htm&sa=X&oi=translate&resnum=1&ct=result&prev=/search%3Fq%3DCode%2Bde%2BConsommation%2B%252BL211-7%2B%26hl%3Den%26lr%3D%26sa%3DG

from a website, which gives me rather more confidence now, and I am keeping a copy in the car

 

[Sunday Driver]

Mike&Sue - my comment about it being a "no brainer" wasn't directed at you - it was directed at the store who should have sorted the matter out in about five minutes in the first place.

Glad to see you've got satisfaction in the end.

[Jc]

You certainly need to stand your ground;my wife and I were shortchanged at a small supermarket.They denied we had been and said we would need to come back at the close of business so they could balance the till against receipts;we stood there and blocked the gangway and within minutes the manageress came and gave us our money.

[Dog]

[quote user="MikeandSue"]

Having made yet another trip to Auchan, I have now, after another hour and a half of waiting, got my money back. I think it being'no brainer', rather inappropriate if you have the knowledge. The problem was getting passed the vendeurs, who continually fobbed me off and pretended not to understand, isn't that what they can do so well when they want to?. When I found a vendeur in another department, who was prepared to get a manager, then I made progress. I made demands to see a manager on several occasions, but I was continually stone walled.

I'd like to thank everybody for the suggestions. I have downloaded a copy of the Consumer Code

http://www.afas-siamois.com/textes_code_consom_l_211-4a14.htm

0r English version

http://translate.google.com/translate?hl=en&sl=fr&u=http://www.afas-siamois.com/textes_code_consom_l_211-4a14.htm&sa=X&oi=translate&resnum=1&ct=result&prev=/search%3Fq%3DCode%2Bde%2BConsommation%2B%252BL211-7%2B%26hl%3Den%26lr%3D%26sa%3DG

from a website, which gives me rather more confidence now, and I am keeping a copy in the car

[/quote]

If you have problems at Auchan in Marsac I would suggest going to see a gentleman in the white goods section on a quiet day - he speaks excellent English and is very helpful.