Consumer complaint for defective product: new success for BCVLex.

 

On December 4, 2023, the Court of First Instance No. 13 of Malaga resolved a claim for the purchase of a non-compliant product, agreeing with our client, a British national and resident, who had purchased a defective saxophone online in an establishment  specialized in musical instruments domiciled in Spain.

 

Consumer complaint for defective product: The relevant facts

From the first moment, many defects appeared in the purchased instrument that made it impossible to use correctly (detachments in the mouthpiece, inactive key, misaligned bell, etc.).

In a first claim against the manufacturer of the purchased object, he recommended to contact the supplier of the saxophone to proceed with its repair and replacement of the defective parts.

In a new claim addressed this time to the seller, after months of waiting and multiple obstacles, the saxophone was repaired, but the instrument received continued to present problems that made it impossible to use.

The obligations of the seller or professional towards the consumer

The seller neglected the obligations imposed by the Consumer Law (Royal Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

• By forcing the consumer to pay the shipping costs to repair the saxophone, when said law establishes that the necessary measures to bring the product into compliance will be free of charge for the consumer.
• By responding negatively to the request to replace the defective product with a new one, alleging lack of availability, when the product was still for sale on the seller’s website.
• By answering negatively to the consumer’s request for a refund of the price of the saxophone, upon realizing that the supposedly repaired instrument was not working, and the 3-year warranty period being in force.

Cross-border litigation arising from the purchase of a defective product in Spain.

This attitude forced the British consumer to initiate cross-border legal proceedings arising from the purchase of a defective product in Spain.

Represented by the Attorney Francisco Borja Borrego De La Rosa, a member of the BCVLEX law firm, in collaboration with the British firm Blake Morgan, he proceeded to request the replacement of the product with a new saxophone after the disastrous repair of the previous one, or alternatively the termination of the sales contract and refund of the price paid, with the corresponding interest.

The seller condemned to replace the defective product with a new one

The sentence condemns the seller to replace the defective product with a new one. In her ruling, the judge recalled that in the case of a commercial relationship in which a consumer is involved with a professional, the aforementioned consumer regulations are applicable, according to which, the responsibility of the professional seller is specified in the obligation to deliver to the consumer goods or products that comply with the contract, responding for any lack of conformity that exists at the time of delivery.

Finally, the ruling forces the defendant seller to replace the defective saxophone with a new one and must bear the costs derived from said replacement.

 

At BCVLex lawyers we are experts in cross-border litigation arising from all kind of defective products. Do not hesitate to contact us about your case.