ADVICE Consumer rights
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ADVICE
Are you being served? Jo Chipchase explores consumer rights for English people in Spain.
The customer is always wrong?
THE S WORD As a nation, Spain is known for many things including sun, sea, sand, sierras and sangria. However, amongst the English expat community, other “s” words may include “substandard and sloppy customer service”. Dealing with everything from the vagaries of small, local stores to large supermarkets and utility companies can send expats’ blood pressure rising faster than a plane out of Málaga Airport, it seems. English consumers who are accustomed to the proactive customer service provided by the likes of, say, John Lewis and Marks & Spencer may find that Spanish stores don’t measure up on pre-sale and after-sale support.In some cases, stores aren’t well-equipped to deal with customer service issues and, in others, the language barrier makes resolving a problem or returning a defective item difficult. 54 Living Spain WINTER 2010/11
Negative tales from English consumers in Spain abound. Mandy Myers, a resident of Granada, has one. “In summer 2008, I bought a pop-up gazebo in Carrefour for €90. When I took it camping, I discovered that the instructions were missing. I tried to erect the gazebo but a metal support broke instantly. At the end of the trip, nobody could figure out how to dissemble the frame, which was stuck in a field. “A couple of days later, I returned to Carrefour with the canvas gazebo covers and an explanation of what went wrong. An assistant argued that I should have erected the gazebo in my house within 15 days of purchase to test it. ‘But I live in a town house and it wouldn’t fit, I protested. I stood my ground and, eventually, the assistant angrily stamped a form entitling me to a refund. The overall attitude was that I was wrong for complaining. The customer isn’t king in Spain.” Another expat says, “When I moved to Spain in 2007, I bought a gas oven in a small, local store. I chose and paid for a model with four gas rings. The store delivered the oven and installed IKEA in Málaga.
it. When I removed the wrapping, I discovered that they’d supplied the three ring model which was cheaper and inferior. The store refused to exchange the oven.” Pamela Lipmann, an artist based in Lanjarón, Granada Province, has also been subjected to poor levels of customer service when she tried to return some defective picture frames and a broken chest of drawers to the Málaga IKEA. “The assistant was rude and served Spanish customers first, even though a ticketing system exists to control the queue. Unfortunately I had brought the incorrect IKEA receipt, and was told that my €30 chest of drawers was ‘too broken’ to return, so I must carry it outside myself and put it in the bin. Even if store policy dictated that my goods couldn’t be returned, there was no need for the staff to be so rude and dismissive.” Mark Vernon, an English expat who runs a bar in Fuengirola, says, “Behind my bar, there’s a sign saying ‘the customer is always wrong’. Although this was put up as a joke, it could be used as a mission statement here in Spain at times.”
No service history? Even with the 1999/4/EC Directive in place,
La Tienda, a ‘sell everything’ shop in Lanjarón.
European Commission on consumer rights Before shopping in Spain, English consumers should know their basic rights and obligations so they can avoid making annoying and costly mistakes. Under the European Commission’s 1999/4/EC Directive, consumers in Spain are entitled to a minimum guarantee of two years on products. When defected goods are returned within six months, it is presumed that these defects existed at the time of delivery, unless it can be proved otherwise. After six months, the consumer must prove that the defect existed when the product arrived. Within two years, the consumer is entitled to a free repair or replacement if an item is beyond repair. Any repair or replacement should be completed within a ‘reasonable’ time. However, this varies with the nature of the goods: for example, tools bought by a tradesman that affect his daily work may be seen to require more urgent repair than audio equipment bought for home entertainment. Unless goods are faulty, you don’t have a legal right to exchange them – it’s at the trader’s discretion. Check before buying if the trader allows an exchange and, if necessary, obtain written confirmation on your receipt. In larger stores, exchange is common practice, although the consumer must exchange a product within 15-30 days of purchase. With most goods, the price must be unambiguous, clearly legible and visible. For security reasons, jewellers, furriers and establishments that sell expensive products don’t have to show prices, and the consumer can insist on buying an item for the price marked on the shelf, not the price shown at the checkout. Always ask for a receipt – your proof of purchase. Beware of discount offers which may not scan correctly. If you return home and spot an error on your receipt, phone the store’s customer services and ask them to solve the error remotely using their computer system. If you’re unhappy with the service you’re receiving, ask for an ‘oja de reglamaciones’ (official complaint form). The proprietor can be charged a €6,000 fine if the form isn’t available to customers. If the form is absent, call the police.
trying to deal with a customer complaint in a different culture and outside your native tongue can prove challenging. Nick Auvache of Solve Orgiva, an agency that helps English expats deal with Spanish consumer and legal issues, believes Spain’s current customer service practices are relatively youthful. He explains that Spain previously had a tradition of people “banging on the desk” if they wanted to complain, or using threats such as “I know your mother”. However, for the Brit abroad who’s used to conducting a polite discussion with the nice lady at the M&S returns desk, fist and stick banging may not be the desired answer to “my new washing machine/ television/broadband internet doesn’t work”. According to Nick, now that Spanish customer service issues are handled electronically, there’s no real tradition of dealing with complaints in a proper way. “Técnicos (technicians) don’t want to admit that they don’t know something. It’s not a focused, problemsolving approach”, he says. Sebastian Morillas Fernandez of La Tienda, a ‘sell everything’ shop in Lanjarón, says,
“Mass consumption isn’t really the culture of Spain and foreign companies can go a bit crazy here. They’re not interested in offering information. I advise customers with service issues to tell the offending company, ‘I’m going to another company, and then they’ll hear your complaint. If you do try to switch, the original company will tend to call you and make a better offer.” He adds, “Culturally, Spanish people are more direct than the English and don’t say ‘do you mind terribly, sir...’ when dealing with a customer. However, English customers can be angry and, often, they don’t read the instructions before making a complaint.” Sebastian realises the benefits of specialist suppliers who offer personal service. He says, “Small shops are an alternative to big consumption. Our store has been in the family for two generations and sells 3,500 products. We have suppliers in various Spanish cities and consider it important to offer decent customer service. We’re knowledgeable about the products we stock and can advise customers whether something will be right or not and how it works.”
Supplier shakedown Santiago Romera of Romera Electrodomesticos, a family run electrical goods retailer based in Orgiva, Granada Province, explains that the store owner is often placed in an unfortunate ‘middle man’ role and must deal with suppliers who won’t play ball. “The problem in Spain is that companies make guarantees and the shop is stuck as intermediary between customer and supplier. It can be difficult to get a good solution. In our case, we only work with brands that give a solution in our area or we don’t sell the product,” he says. “Big companies have departments for customer service. However, service tends to be impersonal and a customer might deal with many different assistants. It can be difficult for all customers, not just English ones. This isn’t the case in smaller companies where one person tends to do everything. However, in a smaller store, it may be considered more important to sell something than to deal with service issues and, if it breaks, the customer buys another one... a process of ‘churn’. “Twenty years ago, everything could be repaired. Now, guarantees say that a faulty item will be replaced with a new one. The
Romera Electrodomesticos, a family run electrical goods retailer based in Orgiva.
companies must legally keep parts for just five years. Even if a part does exist, it may be out of stock in Spain.” Romero recommends buying known brands from specialist stores instead of choosing cheap, obscure alternatives. “If you buy a known brand, the instructions can be downloaded from the internet in all languages. A manufacturer such as Bosch or Siemens will repair the fault.” He adds, “If you buy from a large market and you don’t know the brand, you’re unlikely to get a solution. Don’t buy out of service goods, even if they’re recommended by the assistant. And read the small print in the warranty to see what’s included and for how long.”
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Telefonica
ADVICE Consumer rights Utility issues While white goods suppliers can make consumers’ blood boil, utility companies gain pole position for attracting customer complaints. Ileana Izverniceanu de la Iglesia of OCU, a private organisation that studies different products and provides legal assistance, says, “Complaints about telecoms and electricity come top in our statistical study. We’re most frequently approached by English people in Spain about real estate and how to arrange contracts for the supply of electricity, water and gas.” The main problem seems to be a lack of competition. Ileana advises consumers to visit their website (www.ocu.org) to save money on electricity or phone line contracts. Here there are several internet applications that allow a price comparison to help you get the best deal. Nick Auvache of Solve Orgiva says, “If you’re cancelling a utility contract, always put it in writing. If you phone the company, speak to an operative in person rather than leaving a message on an automated system, and keep a journal of the calls you’ve made. Ask a utility or phone company to email you its guidelines before
Always speak to someone in person when cancelling a utility contract, rather than leaving a message.
ordering a new service, and if they don’t have any guidelines, be concerned.” Despite being the bugbear of many an expat, Telefonica, Spain’s answer to BT, offers a customer service option in English. When customers progress through Telefonica’s call
distribution system, they can say “English” whenever there’s a pause. They are connected to a translator who can understand their service issue and refer it to the correct department, cutting out some of the potential stress. After all, nobody wants their complaint to be ‘lost in translation’.
Mediation services for a result ‘mañana’ If your Spanish customer service issue is driving you loco, professional mediation may be required. The European Consumer Centre in Spain (cec.consumo-inc.es) provides useful information on everything from distance buying and vehicle purchases to timeshares. If you believe your consumer rights have been breached, ECC can help solve the problem with translation and dispute resolution services designed to avoid legal proceedings. Furthermore, the CEC has installed a network of unattended Telematic Offices in major cities.
In these offices, consumers can use computer terminals to complete claim forms and access information to help their cause. Another organisation, the European Consumers’ Organisation BEUC (www.beuc. org), defends the interests of European consumers from its base in Brussels, where it works to improve consumer protection. However, when resolving your customer service issue, a certain level of patience may be necessary: think ‘mañana’ rather than ‘hoy’ (today). Ileana Izverniceanu de la Iglesia of OCU
says, “It’s probably the case that English people in Spain expect customer service to be the same as in England. Spanish consumer laws are the same as in England and, in Spain, every law is observed. The solution may take a long time to arrive but it will happen.” Santiago Romero agrees. “The time factor is the problem and English people may expect an answer in two to three weeks when, in reality, it may take two to three months.” For those who purchased a Spanish product or service with an English credit card, resolution might be quicker. Amanda Newman, head of marketing at M&S Money, supplier of the M&S Money credit card, suggests:
“If you still use a UK credit card and spend on it while abroad and the goods or services you paid for are faulty or fail to be delivered, you’re likely to be covered by most UK card issuers who can make a claim for a refund on your behalf.” Meanwhile, it pays to remember that we often enjoy Spain for its different, more relaxed culture. If slower customer service is an integral part of that culture, it is something that we Brits must learn to work around.
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