Being in the EU, Spain´s consumer laws follow European Union legislation which covers product guarantees and returns in Spain. Therefore if you have purchased a product in Spain, by law a trader must repair, replace, reduce the price or give you a refund if goods that you have bought turn out to be faulty or do not look/work as advertised. If you bought a good or a service online or outside of a shop, for instance by telephone or mail order, you also have the right to cancel and return your order within 14 days. You can do so for any reason and with no justification. The guarantee period is 2 years for new goods and 12 months for second-hand goods. The seller is normally responsible if the product turns out to have a problem. This also applies in the event that the product was purchased online. However, sometimes the website can act as an intermediary for the ultimate seller, so you should check on the website. You should notify the seller within 2 months of noticing the defect. To do so the seller must prove that the item was not defective for the first 6 months following delivery of the product to the consumer. The first solution would be to repair or replace the product according to the consumer’s wishes. This should be done without charge and within a reasonable timescale. As a second option, the consumer can be offered a refund or price reduction. In the case of replacement, a new guarantee comes into force for 2 years from delivery of the replacement product. If the product has been repaired, the original guarantee is extended only by the time it took to carry out the repair.
No, the consumer has the right to take action against any company within the supply chain. Examples could be importer, intermediary or manufacturer. A consumer has 3 years from delivery of the product to proceed to court. The party offering the warranty, be it the seller, the producer or a third party guarantor. Always refer to the documentation provided. In most cases the warranty is 2 years, which matches the legal guarantee under EU law. However, the warranty can last longer depending upon the type of product, for instance new cars can often have a warranty of 5 years. The warranty does not have to be offered for free. The seller can apply charges and must supply these clearly in writing. In many cases there will be a charge for an extended warranty. If you are in dispute in Spain in relation to a product that you have purchased, please don’t hesitate to contact us. GB Abogados provide a no-obligation consultation in relation to product guarantees and returns in Spain.
How long are goods guaranteed for in Spain?
Who is responsible if the product is defective?
How long do I have to inform the seller of a problem?
Can the seller reject their responsibility?
What should the seller do to rectify a problem with a product?
Is the repaired or replaced product covered by a new guarantee?
Is it only the seller that can be pursued?
If no agreement is reached, is there a deadline to proceed to court in Spain?
Product Warranty
Who is responsible for application of the warranty?
How long does a warranty usually last?
Should the warranty be free?
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