Quillan Posted March 27, 2009 Share Posted March 27, 2009 Some 6 weeks ago a friend of mine bought an American type fridge from a well known large French supermarket. The Fridge was duly delivered minus its packaging and when opened had broken shelves and missing parts plus a dent on the side, they refused to sign for it.A representative phoned them to ask why they didn't sign and they said that firstly it came unpacked, the response was that the reason for this is they check the item prior to delivery, yeah right, how comes the broken and missing bits not to mention the dent in the side then. The rep said they would send new shelves and plastic pieces within 7 days. The fridge side then malfunctioned and became more of a freezer than than fridge destroying quite a bit of food that could not be frozen. They called the supermarket help desk who after running them around a bit put them through to a manager who organised a repair man from the the manufacturer to visit. The up shot of the engineers visit (minus the broken and missing bits) was that the fridge was very broken and could not be repaired.So my friends asked for a replacement but the supermarket said they had the last one (so I guess it was the display model but nobody told them) and they would see what they could do. Weeks rolled by so finally my friends drove over 100km to visit the supermarket to sort it out. Ready to do battle they were quite amazed when they immediately said to bring it back and they would get a refund plus some compensation for loss of food and usage. The key to this is 'bring it back' because there is no way they could do this, its massive which is why it was delivered. The manager was quite adamant that it was for them to bring it back and said they could hire a van from the supermarket.The outcome of this was they were basically forced in to buying another fridge (different make and more expensive by the way) from the supermarket who would then deliver it and take the old one away providing it was complete! They explained it was not complete and they had written a letter and attached photo's of the missing and broken bits and that the manager had order new parts. Well of course they couldn't find my friends letter, the manager or the order for new parts. My friend then showed them his half of the registered letter slip (thank god he listened to me) and they were told to come back after lunch while they look for it. Six hours later they finally found the letter and agreed the bits were broken but the broken bits must be put back in the fridge.Well they turned up with the new fridge last Tuesday after 6 weeks. The delivery chap checked the old fridge with a copy of their letter and loaded it on the lorry. He then turned round and asked where the local dump was and did they take fridges because he was told to dump it!I have heard of a many bizzar stories about this sort of thing in France and experience one myself. You just have to be a bit clever with them. We bought a new washing machine, when it arrived i asked to inspect it in the lorry prior to them unloading it. If anything was wrong I would have told them not to bother unloading and to come back with a new one. Fortunately everything was OK.After 8 years now of living in France it is how it is, you can't compare it to the UK, they are different and you just have to accept it for what it is and use a bit of common sense and logic when you deal with these things. If you buy something from a shop that's in a box then check the seal, I know you shouldn't have to but you must. If the seal is broken or does not have one then open it at the checkout and check the contents and ensure its complete (no missing screws etc). They hate it when you do it but it saves a load of potential grief at the end of the day. Link to comment Share on other sites More sharing options...
Sunday Driver Posted March 27, 2009 Share Posted March 27, 2009 Customer service is alive and well here in Deux Sevres....[:)]We bought a mattress from a local furniture store and four years later, the mattress edging had begun to collapse (on Mrs Sunday's side, of course). It was still just within guarantee, so I popped into the store to report it and they said no problem, they'd contact the manufacturer who would send a rep out to inspect it. Four weeks later, the store called to say forget about the manufacturer, we'll just deliver a brand new mattress out of stock as a free replacement instead.My graphics card went on the blink after eighteen months use and I had to send it back to the supplier (Cdiscount) for repair. They paid for the postage and eventually rang me to say it was duff and that they'd credited my account with the original purchase price. As new prices had fallen substantially since the original purchase, I was able to replace the card with a much more powerful version at no additional cost.At the other end of the scale, Mrs Sunday bought a pair of slippers from our SuperU as a Xmas present for our visiting son in law. Turned out she'd picked the wrong size, so on Boxing Day, me and SIL took them back. The girl on reception just said, that's OK just choose another pair. When she swiped the barcode on the new pair, they were cheaper than the originals so ding went the till and we walked out clutching the new slippers and a shiny one euro piece....Finally, my one year old tractor mower has developed a slow puncture over the winter. The guy at the motoculture shop has told me to drop it in and he'll repair it free of charge.I sometimes wonder - is it just me......[;-)] Link to comment Share on other sites More sharing options...
Chancer Posted March 27, 2009 Share Posted March 27, 2009 [quote user="Sunday Driver"]I sometimes wonder - is it just me......[;-)][/quote]Were you going to use the word smug at the end of those dots? Link to comment Share on other sites More sharing options...
fermette2 Posted March 27, 2009 Share Posted March 27, 2009 I had a problem a couple of years ago at our local Bricomarche. We had bought a lawnmower which ceased to work after a week (clutch problem?). I took it back to the store and asked for a replacement. I was told that I would have to contact the manufacturer - basically it was nothing to do with Bricomarche. I stood and argued about my contract being with them as they had received the money, but they would not budge. When I got back home, I googled "droits des consommateurs" and came across "quechoisir.com" which appears to be a French equivalent of Which. I trawled throught their site and came up with the following:"01/04/05Produits défectueux L'arsenal législatif renforcéUne directive de 1999 relative à «certains aspects de la vente des biens» a enfin été intégrée dans notre droit par une ordonnance du 17 février (art. L. 211-1 et suivants du code de la consommation). Si un bien n'est pas conforme au contrat conclu avec le professionnel (fabricant, importateur), l'acheteur peut réclamer soit sa réparation, soit son remplacement(1). Il peut en outre garder le produit et se faire rembourser le prix d'achat lorsque la réparation ou le remplacement est impossible et quand la solution demandée ne peut être mise en oeuvre dans le mois qui suit la réclamation. Autre apport du texte, «les défauts de conformité qui apparaissent dans les six mois à partir de la délivrance du bien sont présumés exister au moment de la délivrance» (charge de la preuve inversée). Le consommateur devant agir, pour bénéficier de ce point, dans les deux ans. L'ordonnance aborde aussi les garanties commerciales. Elles doivent obligatoirement faire l'objet d'un écrit mis à la disposition de l'acheteur. Et toute période d'immobilisation du bien d'au moins sept jours prolonge la durée de la garantie commerciale d'autant. Ces nouvelles modalités d'action s'ajoutent à celles déjà offertes par notre droit. Ainsi, le consommateur peut-il toujours invoquer la garantie légale des vices cachés (art. 1641 du code civil). Une action à enclencher dans les deux ans de la remise du bien et non plus dans un «bref délai» comme avant (art. 1648).(1) Le professionnel peut ne pas suivre l'option choisie si son coût est disproportionné par rapport à l'autre." I printed this off, returned to Bricomarche and explained again that I wanted a replacement. He tried to dismiss me again but I waved the paper in front of the manager, loudly saying "c'est la loi". He read it, looked startled and said I could have a replacement mower. He also asked if he could borrow the piece of paper to photocopy it. I think he was genuinely surprised to read it. Interestingly, it says that any fault appearing within 6 months is deemed to have existed at the moment of delivery. Hope this helps - it sure gave me a smug, warm glow. Link to comment Share on other sites More sharing options...
Martin963 Posted March 27, 2009 Share Posted March 27, 2009 I wonder if the "put-an-old-item-in-a-new-box" syndrome is actually quite common. Some friends from 24 - but at the time driving back from Brittany - remembered they were in need of a cordless phone and stopped at a Hypermarché in Nantes and bought one.When they got it home there was an old battered cordless phone in the box, dirty, much used, and broken.They argued and argued, both with the local hypermarché of the same name, and by phone with the Nantes branch which had sold it.They got nowhere, and like others here put it down to one of those French experiences.... Link to comment Share on other sites More sharing options...
nectarine Posted March 27, 2009 Share Posted March 27, 2009 a friend of mine has sussed out how to get a refund or replacement. She had a faulty Livebox and kept going back to the France Telecom office and being dismissed with a wave of the hand "it must be your computer, etc.". In the end she arrived at ten minutes to noon and told them she wanted a replacement and that she wouldn't move until she got another one. As the clock hand ticked towards that precious - nay, sacrosanct - noon when the shop must shut and the staff must take their lunch, the previously-unhelpful manager suddenly thrust a box into her hand just to get her out of the shop so he could take his lunch.Well, it turned out that this new Livebox didn't function either ... turns out it was a faulty batch, eventually. So she returned the next day, just before noon, and again sat in the chair and demanded either another replacement or the manager to come to her house to set it up. He waved his hands, got cross but gave in again at noon. Obvioyusly customers mustn't get in the way of lunchtime!This Livebox works fine but my friend bears in mind that some issues are best resolved by preventing the French from getting to their food! Link to comment Share on other sites More sharing options...
Quillan Posted March 27, 2009 Share Posted March 27, 2009 [quote user="fermette2"]I had a problem a couple of years ago at our local Bricomarche. We had bought a lawnmower which ceased to work after a week (clutch problem?). I took it back to the store and asked for a replacement. I was told that I would have to contact the manufacturer - basically it was nothing to do with Bricomarche. I stood and argued about my contract being with them as they had received the money, but they would not budge. When I got back home, I googled "droits des consommateurs" and came across "quechoisir.com" which appears to be a French equivalent of Which. I trawled throught their site and came up with the following:"01/04/05Produits défectueux L'arsenal législatif renforcéUne directive de 1999 relative...........[/quote]Yes but it refers to "fabricant, importateur" (manufacturer, importer) and not the shop as I read it or am I wrong. Link to comment Share on other sites More sharing options...
Martin963 Posted March 27, 2009 Share Posted March 27, 2009 Love that story nectarine. Many years ago we wanted a large sheet of butyl liner which needed to be cut from a larger roll of the stuff at Jardiland. I requested assistance at 11.35 am and hung around near the roll of butyl while the assistant hurried off to find the person who did the cutting. 11.35 became 11.45, then 11.55. At that point someone strode over and asked me to leave as it was lunchtime. I replied that I would glady go after my order had been fulfilled. "After lunch" I was told, "no NOW!" I replied, "I've waited 20 minutes for assistance already".Effect - the shop was totally galvanised. Staff hurried from all directions to help in view of the possibility of their lunches being curtailed.Hilarious. And of course I wished them all a heart-felt as I departed with my butyl.Tee hee! Link to comment Share on other sites More sharing options...
Quillan Posted March 27, 2009 Share Posted March 27, 2009 Ah the French lunch break, it took us about 18 months to work it out. The first few months were the worse, couldn't get anything, even the supermarkets round here back then closed at lunch time. After getting very frustrated having been used to shopping 24/7 back in the UK it was quite a culture shock. Now they stay open we use tham to our advantage, we go shopping between 12 and 2 and there is hardly anyone there. Complaining just before 12 in shops you know close is a very good tool as already explained.There is another which I have used only twice which a Scot told me about is racism. When totally ignored turn to them and say they are racist because they wouldn't treat a French person that way (bit of a myth becuase they do) and just because you are English it does not mean your stupid and you will report them to the police/gendarmes. Aparently there are mega big fines for being racist in France, not that I know anyone who has ever been 'done' for it. It does work but should only be used as a very last resort and its not a good idea to go back to the same shop again. Link to comment Share on other sites More sharing options...
Chancer Posted March 27, 2009 Share Posted March 27, 2009 I have been on the receiving end of the 12.00 curfew, I am now persona no grata with the coiffeur as I had the temerity not only to arrive at 11.20 expecting a haircut when there was already one customer in the shop but for pointing out that they never take more than 10 minutes to do a cut, I had to go back in the afternoon but he now refuses to acknowledge me and makes his wife cut my hair which I much prefer.The other time was arriving at 11.45 at Maxi-Coop to be greeted by a bouncer (no other way to describe him) telling me the shop was closed for lunch, I pointed out that the sign of horaires d'ouverture said midi but he told me that was only for the boulangerie, "Bon!" said I, "c'est ça que je veux" whereupon he aided me to the parking in the way that only bouncers can, my cries of "I have been thrown out of better places than this" were lost in the translation.I like the astuce of taking stuff back just before lunch [:)] Link to comment Share on other sites More sharing options...
Anna Posted March 27, 2009 Author Share Posted March 27, 2009 Just going back to my original posting. Quillan, quite rightly, mentioned that you should always check the seal is intact if buying a product. Well, be aware that the seal on the box of scales, was intact and by looking at the box, there was absolutely no indication that there would be anything other inside, than the new scales, as pictured on the box! So, do, even if the seal looks perfect, still open and check at the checkout, before leaving the store. On reading about the people who bought a phone only to find an old one inside, I think it could very well happen again and really, if you leave the store, it's only your word and they made me feel like a criminal they way they looked at me and the abuse they hurtled at me! As if I would go and show them old, used scales to embarrass myself ..... lol! Link to comment Share on other sites More sharing options...
Frederick Posted March 27, 2009 Share Posted March 27, 2009 When it comes to being made to look like a criminal we experienced that in a superrmarket one of E.Leclercs ....we left with a bag of food stuffs and on leaving the place the tag detector went off ...all the bells hooters lights the lot ! We were pounced on by the supervisor who grabbed the bag of food from me took it back to the check out and tipped it out looking for somthing that set it off ....nothing We went through again with our purchases ..off it all went ... This time scratching of heads .. Then they pounced on my wifes handbag and demanded that from her convinced they had found a big thief ...That was tipped out ...nothing.....so by now I am laughing and customers were gathering to see what the outcome would be... The superviser is getting more and more wound up and I imagine thinking strip search by the Police... Then it came to me ....I took the book from my wifes hand bag and stuck it into the area between the pillars ...off it went ......Dorset County Library bar code on a Guide to Brittanny ....Supervisor shouted "Do not ever come in here again with that book " Link to comment Share on other sites More sharing options...
fermette2 Posted March 27, 2009 Share Posted March 27, 2009 I suppose I was working on the basis that a big chain import their own stock. Either way, the manager believed the responsibility rested with Bricomarche. BTW, do you know if, under French contract law, the consumer's redress is anyway with the shop/persons to whom he paid the money? Grateful if you have any knowledge of this area. Link to comment Share on other sites More sharing options...
Clair Posted March 27, 2009 Share Posted March 27, 2009 [quote user="fermette2"]do you know if, under French contract law, the consumer's redress is anyway with the shop/persons to whom he paid the money? Grateful if you have any knowledge of this area.[/quote]From the Direction générale de la concurrence, de la consommation et de la répression des fraudes:Garantie (in Google English here) Link to comment Share on other sites More sharing options...
fermette2 Posted March 28, 2009 Share Posted March 28, 2009 Thank you very much Clair - very helpful.fermette2 Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.