But this is Amazon - they don’t need to follow consumer protection laws - I think their specific get out is that they’re Amazon Spain, and I’m having stuff shipped to Portugal, and Spanish consumer protection regs (which implement the EU regs) only protect consumers in Spain.
That was meta’s get-out, too.
Not to mention the standard is 30 day returns, more than double the legally mandated 14 for distance selling.
I don't understand why you were even talking to support - if it was clearly defective within half an hour (much less than 30 days) you could have just created a return yourself without talking to anybody?
It’s basically the Amazon uk returns process from 20 years ago.
I think your mistake might be that they are sticking to the letter of the law. Don't ask for your 14-day cool-off period, because strictly I think the product needs to be sealed (though many sellers are more lenient):
https://business.gov.nl/regulation/cancellation-period-sale/
Instead ask for a repair under warranty, which they are required to do as a seller. They cannot point you to the manufacturer, the seller is responsible for handling warranty for the first two years:
https://eur-lex.europa.eu/EN/legal-content/summary/product-g...
No one needs to follow consumer protection laws if you don't sue to make them.
That’s part of their calculus, too.
(A company can have someone represent them, but if it's a lawyer, they must also have a rep. from the company there. and there can be no legalise, and the judge must explain anything to you if you ask)
There is no forced discoverability. EG, the other side cannot ask for all sorts of documents. You just include your evidence in the filing.
There is no ability for the company you sue, to compel costs if you lose.
For $150 you get a lot of joy out of hassling a company behaving like this. And amusingly, they still consult lawyers, and spend on a lot on lawyers. They can't be used in court, but they of course as a company consult legal experts.
I napkin mathed it, the one time I sued a company. I figured it cost them $25,000 to defend when I spent $150. If even a small percentage of people take them to task for breaking the law, they'll turn around quick.
Always use your enemies strengths as a weakness against them.
You should look at the process, but view if from the perspective of a hobby.
doesn't seem likely
How strange to try to claim the legal system has no reconciliation process for tourists or EU passer-bys. You're allowed to say you just couldn't be bothered to go through the trouble.
Amazon Spain are Spanish, and are not subject to the Portuguese livro de reclamações.
As to making a chargeback - I like having a bank account, and being able to pay for things online - any time you do one you take a risk your bank will decide to throw freezes and KYC at you until you give up.
And given you've already said things that are not true, I'm highly skeptical that there are not other means to handle this. I bet there are ways to access authenticao.gov without being a citizen. I bet there are ways that you don't have to go 200km. You can probably send the forms by snail-mail, by post or courier. I bet you're just leaving things out again, or haven't researched properly, as you've shown this to be the case with prior comments.
In terms of what Amazon is subject to, you can get a court judgement in one jurisdiction, and have it enforced in another. You're in the EU too, and I would be astonished to discover this isn't super-easy there. And legislation likely enhances cross-border cases like this. And if companies ship into another country, they can be blocked until recourse happens.
Point is, you're just (again) saying "Oh well!" without really knowing. You're just saying that's the case, because you're presuming that's the case. You don't know. you just say it is so.
Chargebacks are a part of online life. They are common. I've never, ever heard of a bank ever being hostile over them. The very premise is weird and absurd. It's just a part of banking, nothing unusual, nothing surprising, and a process we all have to go through from time to time.
You can only use authenticao.gov if you have a citizen card. This is a fact. The offline process involves physically going to the office in Porto, which is 200km from me. There are no forms you can just mail. I have been through this. Shit, go try the process yourself if you’re so sure.
You also evidently know nothing about EU law. The EU issues directives. Member states implement them. They are national pieces of legislation, not transnational.
As for chargebacks, the last time I did one, over a hire car that didn’t materialise, my bank put me through the wringer, and I no longer bank with them.
Anyway, thank you for your enlightened fucking comment.
https://www2.gov.pt/en/locais-de-atendimento-de-servicos-pub...
It's surprising to see you say this, since the PT gov website is honestly pretty clear on it.
And I highly doubt you're 200km from any court clerk. Especially since, you know, Portugal is only 220x550km...
And yes, believe it or not, Trás-os-Montes exists. I know you think Coimbra is the northern limit of the country, but people do live up here, and the nearest service desk for many things is Porto.
Anyway, you go vote chega, or whatever it is you do.
IANAL, but I don't think it matters. Any webshop in the EU must sell to all EU customers and they should provide the same warranty, etc. to all EU customers as if you were buying it in the country they are selling from (Spain in this case). The EU is a single market.
https://www.eccnet.eu/consumer-rights/what-are-my-consumer-r...
Amazon is violating EU consumer protection law here, but they probably do it because most customers will feel helpless and not sue them. If you do not want to sue them, the best thing is probably to file a complaint with the Portuguese consumer authority. It's really important to do this, because only when enough people do such a thing, a pattern can be established and they can warn or sue Amazon.
I don't buy it. Don't we have actual consumer protection laws here in europe? We can return anything we bought online in 14 days time, full refund, no questions asked.