Enforcing consumer rights

General chat about doing business in France and the PO; tax, financial, legal and insurance matters.

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Allan
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Enforcing consumer rights

Post by Allan »

In the spring of 2015, I had to replace the pressure tank (ballon vessie) of our water system. The new one has just developed a split in the outer metal case and is consequently useless.

The retailer agrees that it should not have failed but says that the guarantee is only for 12 months.

EU directive 1999/44/EC is pretty clear that a minimum guarantee of 2 years is required by law. I am not naive enough to believe that quoting an EU directive to them will suddenly result in a replacement, so I have told my handyman to go ahead and buy a replacement but I am in the mood for a battle and will seek reimbursement from the shop.

I am not looking for advice on how to document the issue or how to communicate with the shop but would like to know who to complain to when consumer rights are not honoured.

In the UK I would probably start with Trading Standards but I have no idea who to contact here.

I realise that I am probably tilting at windmills but fancy having a go.

I have just won a battle with Honda France where their local distributor and representative tried to tell me that Europe-wide warranty wasn't valid in France so I am spoiling for a fight.

Any advice or acerbic comments will be greatly appreciated.
martyn94
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Post by martyn94 »

This seems a bit like Groundhog Day. But the DGCCRF is still the nearest equivalent to "Trading Standards".
Allan
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Post by Allan »

martyn94 wrote:This seems a bit like Groundhog Day. But the DGCCRF is still the nearest equivalent to "Trading Standards".
Oops - Groundhog Day is about right.

Sorry - too many browser windows open on my iPad

Thanks again Martyn
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russell
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Re: Enforcing consumer rights

Post by russell »

Allan wrote:EU directive 1999/44/EC is pretty clear that a minimum guarantee of 2 years is required by law. I am not naive enough to believe that quoting an EU directive to them will suddenly result in a replacement, so I have told my handyman to go ahead and buy a replacement but I am in the mood for a battle and will seek reimbursement from the shop.
An EU Directive isn't law. It is a directive to member governments to enact a law to follow its requirements. Perhaps if you can find the French law that covers it you may have more luck?

Russell
martyn94
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Re: Enforcing consumer rights

Post by martyn94 »

russell wrote:
Allan wrote:EU directive 1999/44/EC is pretty clear that a minimum guarantee of 2 years is required by law. I am not naive enough to believe that quoting an EU directive to them will suddenly result in a replacement, so I have told my handyman to go ahead and buy a replacement but I am in the mood for a battle and will seek reimbursement from the shop.
An EU Directive isn't law. It is a directive to member governments to enact a law to follow its requirements. Perhaps if you can find the French law that covers it you may have more luck?

Russell
It's the "Loi Hamon" e.g. here

https://www.service-public.fr/particuli ... its/F11094

Allan may still be out of luck since he bought the thing before 18 Mars 2016. But there is still the older concept of "vice caché" - roughly the idea that the thing must have been flawed from the outset (even if not visibly so) if it packed up so soon.That applies, in principle, without limit of time, though evidently gets harder to sustain as time passes. But you might need the opinion of an "expert".
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