broken glas - consumer law query

[Jdknott]

we bought a Deville Sylvestre (green enamel mazout with glass front) from E Leclerc. With a month of use the glass cracked completely.
E Leclerc have taken since February to finally decline to change the glass free of charge. They keep trying to pass us onto the intermediate supplier/distributors, or the makers Deville. We are resisting this, believing that our contract is with them.
They also produced a brochure from Deville saying that the glass is not covered by guarantee, despite there being nothing about this on the actual guarantee from Deville.

We are now at an impasse, and could benefit from some advice:
1. are we right to be staying with E Leclerc to get a solution?
2. can we tackle a small claims court action without using a French lawyer?
3. what does a small claims action cost here? we are arguing about 51 euros only.
4. might we have any power to return the product as unfit for its purpose?

Our long term concern is tha there might be a design defect in the details of the stove which will break more glass.

Any clues would be much appreciated.

[Jean L Ecossais]

Get a life

[Quillan]

Although Jeans answer is not really informative I may have an idea of where they are coming from. In a way.

I am not sure how long you have been living here (France) and if you have had a consumer problem before but it would appear you are tackling the problem from a English point of view with the possible thought that the consumer law in France is the same as the UK. Unfortunately my personal experience is rather different and I can tell you its not.

As I sit and think about your problem some other things come to mind that we, the English, might not realise.

Firstly it is important in France to get any warranty documents stamped by the store from which you bought it, some do this as a matter of course whilst in others you need to open the box, get it out and ask them to stamp it.

Always check a box that has had the seal broken because you might find bits missing and the French attitude is you should have checked it first.

Always keep your bill, preferably always ask for a Facture. This is mandatory for any warranty or insurance claim.

Never expect to get a refund, they mainly issue credit notes. If you do get a refund they will normally deduct any card fees.

The French stick rigidly to warranty period. I have a professional iron that cost nearly 300, it went bang 4 days after the warranty ran out, tough luck for me, there was no leniency.

I have been told that its often better to buy from a smaller local shop because they can be more helpful especially if you use them a lot. I actually got a refund from a local shop because I told them if I didnt I would never shop there again and I would tell all my friends how I was treated.

The French consumer law in France is way behind that of the UK and in your case the fact that such a document about the glass not being covered by the warranty exists means you will have a big problem getting it fixed FOC. Perhaps they forgot to put a copy of this document in the box or assumed they had and that you had lost it, who knows.

If you deal with a big shop they are never too impressed if you mention the law, especially if you are not French, they often do the French shoulder shrug thing and walk away.

Have you written to the manufacturer? If not you could try that, be flattering, tell them how pleased and over the moon you are with the product then mention the glass and how surprised you were that it failed so quickly. You should also mention that you followed the user guide to the letter. If this doesnt work then I am afraid you will have to pay but then 51 is not a big sum of money although I do understand your other concerns.

Hope this helps. Let us know how you got on (good or bad) as it may help others (including me) in the future.

Chris

http://www.chambresdhote.com