Consumer Protection Agency for consumer purchases

[pmacay]

Hello,

I purchased a new gas stovetop (anafe) and a large built in electric oven from a company called Tysan2. They wanted me to pay them directly with a bank to bank transfer, even though they had the items listed on MercadoLibre. They said I couldn't purchase the items through MercadoLibre - which I now found out would have given me some of the protection I am asking for now.

Both products are not working properly and Tysan2 keeps saying they don't have anyone to send to look at the problem. I have asked multiple times for an invoice (factura) and they keep avoiding me and saying it's not necessary since my purchase is in their "computer", so they can look up my warranty information if needed.

I wonder if there is a consumer protection agency to protect consumers against companies who refuse to honor a warranty, or to report to AFIP that a company will not give me an official receipt for a large purchase.

Thank you for any suggestions. I did a search in the archives but didn't see this thread posted previously.

Happy new year everyone!

Pete & Ron & the kitties

 

[nikad]

Hi there P&R&ks! That is such a shame that you paid outside of ML. Is the seller known in ML ( ie has good reputation? ). By law, anything you buy and does not work properly can be returned and exchanged at not cost within 3 working days ( not sure if this is the case ). Where is the store physically located? Threatening with reporting to AFIP usually works. Also do let them know that you will initiate a complaint with ML for fraudulent practices ( you can actually do this ). And lastly you can file a report with consumer's defense online in the city: https://www.buenosaires.gob.ar/tramites/denuncia-digital-defensa-al-consumidor

 

[nikad]

if you did buy through ML but paid with bank transfer you might want to try this as well: https://www.mercadolibre.com.ar/ayu...et&c_uid=1b5c5846-629a-47b9-b001-5959ed87d21d

 

[nikad]

If not, I think under " mis compras " you have an option that says " tengo un problema " and it should allow you to file a dispute, provided that you bought through ML.

 

[nikad]

Some listings will display a link to report it, down below

 

[steveinbsas]

By law, anything you buy and does not work properly can be returned and exchanged at not cost within 3 working days ( not sure if this is the case )

.
Based on my own (and very recent) experience (as a "level five" ML buyer), if you buy a new or even a used item in ML you may actually have 30 days to initiate a reclamo and, after that, at least five business days to get the package to correo argentino. I don't know, however, if these greater time allowances apply to all buyers (there are six levels).

You should not have to pay for the cost of the return and, within an hour or two of getting the package to correo argentino, you will get a full refund from Mercado Pago. You should not have to actually exchange the item unless you want to.

I know from experience that new items can be returned for any reason as long as the items are in the same condition as they were received.

If there was damamge during the shipment, you can make a reclamo for that reason as well. Sometimes, ML will refund the buyer's payment and also pay the seller if the damage made the item useless. In these cases, the buyer will not have to return it.

If the damage was the result of poor packaging, the buyer will have to return the item in order to get a refund, but the seller will not receive the payment. In either case I take photos and make the reclamo as fast as possible.

PS: When I receive a package with obvious external damage (a crushed corner of a box for example), I take photos of the shipping label as well as the external damage before opening the package. This is required by ML and every reclamo I have ever made has been decided in my favor.

.

 

[nikad]

.
Based on my own (and very recent) experience (as a "level five" ML buyer), if you buy a new or even a used item in ML you may actually have 30 days to initiate a reclamo and, after that, at least five business days to get the package to correo argentino. I don't know, however, if these greater time allowances apply to all buyers (there are six levels).

You should not have to pay for the cost of the return and, within an hour or two of getting the package to correo argentino, you will get a full refund from Mercado Pago. You should not have to actually exchange the item unless you want to.

I know from experience that new items can be returned for any reason as long as the items are in the same condition as they were received.

If there was damamge during the shipment, you can make a reclamo for that reason as well. Sometimes, ML will refund the buyer's payment and also pay the seller if the damage made the item useless. In these cases, the buyer will not have to return it.

If the damage was the result of poor packaging, the buyer will have to return the item in order to get a refund, but the seller will not receive the payment. In either case I take photos and make the reclamo as fast as possible.

PS: When I receive a package with obvious external damage (a crushed corner of a box for example), I take photos of the shipping label as well as the external damage before opening the package. This is required by ML and every reclamo I have ever made has been decided in my favor.

.

This is true to me too ( level 5 ). The 3 days rule applies to in store purchases by law.

 

[pmacay]

Hi there P&R&ks! That is such a shame that you paid outside of ML. Is the seller known in ML ( ie has good reputation? ). By law, anything you buy and does not work properly can be returned and exchanged at not cost within 3 working days ( not sure if this is the case ). Where is the store physically located? Threatening with reporting to AFIP usually works. Also do let them know that you will initiate a complaint with ML for fraudulent practices ( you can actually do this ). And lastly you can file a report with consumer's defense online in the city: https://www.buenosaires.gob.ar/tramites/denuncia-digital-defensa-al-consumidor

Thanks Nikad for the great information and links!

 

[Edu R]

Bear in mind that you're gonna need some sort of identifying information if you want to file a claim through Defensa del Consumidor. ie: the seller's name or CUIT. They might also require a Factura to actually process the claim, I know that the equivalent entity at the National level does, but CABA seems to be more lax.

As far as I can tell, Tysan2 does not exist as a corporate entity, but the domain is registered to this dude. Good luck!

 

[pmacay]

.
Based on my own (and very recent) experience (as a "level five" ML buyer), if you buy a new or even a used item in ML you may actually have 30 days to initiate a reclamo and, after that, at least five business days to get the package to correo argentino. I don't know, however, if these greater time allowances apply to all buyers (there are six levels).

You should not have to pay for the cost of the return and, within an hour or two of getting the package to correo argentino, you will get a full refund from Mercado Pago. You should not have to actually exchange the item unless you want to.

I know from experience that new items can be returned for any reason as long as the items are in the same condition as they were received.

If there was damamge during the shipment, you can make a reclamo for that reason as well. Sometimes, ML will refund the buyer's payment and also pay the seller if the damage made the item useless. In these cases, the buyer will not have to return it.

If the damage was the result of poor packaging, the buyer will have to return the item in order to get a refund, but the seller will not receive the payment. In either case I take photos and make the reclamo as fast as possible.

PS: When I receive a package with obvious external damage (a crushed corner of a box for example), I take photos of the shipping label as well as the external damage before opening the package. This is required by ML and every reclamo I have ever made has been decided in my favor.

.

Thanks for the information Steve. This has actually been going on since September 2021! The box the oven arrived in looked damaged so I took many photos of the box before opening, and then when I opened the box the oven door glass was broken. I should have had the delivery guy open the box before leaving, but I didn't. Hindsight! When I contacted them they said the door wasn't broken when it left their showroom. I told them, well, it was broken when it arrived at my home. It took 2 MONTHS for them to "import" a new glass door from China - that was their excuse. In the meantime the oven was sitting on the floor in the middle of my kitchen waiting to be installed. I offered to buy a more expensive oven that the company had, but they said I bought a "floor demo model" and that it was impossible to change. I have screen captures of the original offer that was on MercadoLibre and nowhere does it say it was a floor demo model. Once the new door arrived and was installed, the glass separated from the frame 5 hours later. They took the door away again and two weeks later returned. I finally get the oven installed, but now it won't heat past 160C without turning itself off. When I asked for them to send a repairman, they said they had no one to send. They couldn't even give me an estimate on how long it would be, One day? One week? One month? They told me to get it repaired myself if I was in such a hurry, which of course would void the warranty. I have asked for an official invoice repeatedly, thinking I will need it to take to make an official complaint with some government agency, and they have not complied with my request. So now I'm thinking my only option is to report them to AFIP.