We have had a few enquiries lately asking for help whereby clients had bought items online and had problems or not received them.
In the most recent case someone had bought some glasses from an on-line retailer and they never arrived. They also saw that hundreds of people were writing about problems with this company on the internet so knew there was a problem, even though the company said they just didn’t have them in stock.
What can people do when they have a problem with not receiving something they bought online or a similar situation?
Firstly, they need to make a formal complaint, send it by email and also by a letter (recorded post or burofax).
If the trader has an actual physical presence (a store or office) then they should go in person to make a formal complaint or “Hoja de Reclamación”.
There is an article on how to do this in our area on our website:-
There is a system in Spain to make a complaint in this way and it is investigated by an independent party, but it is not possible to make the complaint online, only in person.
The trader has to inform the client of further steps and what will happen, such as initiating resolution procedures. So if it is an on-line retailer only, the client should make the formal complaint in writing, sending a letter by recorded post or burofax.
It is possible also to find the answers to many questions on the Citizens Advice Bureau Spain website.
More serious claims
If a significant sum of money is in question, then it may be best to send an official legal letter using a lawyer.
European Consumer Centres
Please also see here some details on the European Consumer Centres, as people can contact them for advice, free of charge.
These centres can:
- tell you about your rights under EU law and national consumer legislation
- advise you on possible ways of following up your consumer complaint
- help you reach an amicable settlement with traders abroad from whom you have purchased goods or services, whether online or face to face.
- redirect you to an appropriate body.
European Consumer Centres can help you free of charge if:
- you have already complained to the trader in writing
- you are complaining as an individual, not on behalf of a company.”
This is the European Union link for online shopping claims and it costs nothing for someone to do this themselves:
The final step if an official complaint or legal letters do not work (it all depends on the amount of your claim) is to file a legal claim possibly against the company but this is expensive and we can only do this in an area close to us in order that we may attend Court for clients.
If you have any legal issue that you need assistance with please contact us.