I ordered a piece of furniture from Guadarte, a Spanish furniture manufacturer last October. While they have ready-made furniture they agreed to make a cabinet to my special measurements which is a normal part of their offerings.They offered, I agreed and paid extra, for them to arrange it to be transported directly to my home in France to be delivered 'onto the street'. I was never asked to sign documents for this transport service and I understood this was part of their service.When the furniture finally arrived it was badly damaged and I believe this was due to the wood not being treated correctly and the extremely cold conditions in which it was transported, leading to the wood splitting in many places. I refused delivery and it was sent back to Guadarte in Spain.They claim it was the transporters fault and that the transporter has admitted responsibility. They then said they would 'repair' the damaged furniture and re-ship it to me. I was very unhappy with this outcome and said I would not accept the damaged piece of furniture just being repaired. I had an agreement with them and paid in full before delivery. I believe I am owed a new, undamaged, unrepaired piece of furniture. They have been very difficult to deal with and it is extremely difficult to get anyone to respond to my hundreds of emails and telephone calls. They have the 'repaired' piece of furniture now ready to ship to me and say there is a two year guarantee on it.I would imagine if the transporters have admitted fault, it is all covered under insurance and Guadarte should be able to make a new cabinet without cost to them. They are saying that because it was a special order and not their usual measurements I can't expect them to make me a new one.WHAT CAN I DO? It has gone on now for over 6 months. They have had full payment but I still do not have the furniture I paid for.Thank you for any advice you can give me.
State/Country relating to question: Spain
I have only tried discussing my dissatisfaction with the company Guadarte
Hi Sir, I am an spanish solicitor and I conclude that you are perfectly right
You do not have to accept a reparation of a new thing
Let them to repair it and wait until you see the finished forniture and the put a claim for a broken contract
Its a problem of them to manage with the insurance, but you have paid with money for a new thing and you have to recibe a new thing
You have two ways to demand, conmsumeer office were they have the factory, or a civil demamd
I recomend the consumer way because its free for you. Look out for the consumer proteccion office in the place they are and put a claim there because you have not recibed what they promised and you a re no supposed to admit a repair thing if you do not like the result.
Dear customer,Thank you very much for your inquire.You should first know that yours is a cross-border situation (you bought a good in an EU Member State to be shipped to another Member State). For this reason, your case falls within the scope of EU law as implemented in the various Member States (in your case EU law and French law are applicable).Under EU law, as implemented in the French system, if a product you buy does not conform to the agreement you made with the seller at the moment of purchase, you can take it back and have it repaired or replaced. If the replaced product is not exactly as new, you have the right to ask for a replacement.Otherwise, you can ask for a price reduction, or a complete refund of your money.You can find further information on EU system on customers' protection at the website: http://ec.europa.eu/consumers/cons_info/10principles/en.pdfIn your case, I would recommend to seek redress by contacting the European Consumer Centres Network (ECC-Net)where specialized EU lawyers are available to help you. You can find the centre nearest you at the following website:http://ec.europa.eu/consumers/ecc/index_en.htmI hope this answers your question. If it does, please do not hesitate to rate and accept my answer so that I can be compensated with the amount you have already deposited.Of course, I remain at your complete disposal should you need any further information.Best,Tiziana
Dear customer,I hope my answer was helpful to you.If you do not need any further assistance, please rate and accept it so that I can be compensated from the website with the amount you have already deposited.Otherwise, let me know how I can help you further.Best,Tiziana
Hi Sir, if you need more oinfo about where send the claim in consumer office in spain or wahtever you need i will be glad helping you
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