European legislation offers a series of guarantees to consumers when they make purchases in other member States. Consequently, the seller is obliged to repair, replace, offer a discount or refund the cost of your purchase if the product is defective or is not or does not function as advertised.
If you purchased the product or service by Internet or outside a commercial establishment (by phone, mail or from a door-to-door salesperson), you are also entitled to cancel and return the order within 14 days, for whatever reason and without justification.
In addition, EU rules protecting consumers should also apply to online purchases made from sellers established outside the EU, when their business is directed at European markets.
From 1 January 2022, in Spain, the mandatory guarantee for consumer goods (minimum legal guarantee) will be extended from two to three years.
In any case, commercial guarantees included in the associated advertising will prevail over those in the legal guarantee statement if they are more beneficial to the consumer.
For second-hand goods bought from a professional seller, the warranty period is also extended, so that the buyer and seller may agree on a shorter warranty period of three years instead of the previous two years, but in no case less than one year. However, it should be noted that products bought from private individuals or at public auctions are not covered.
In some EU countries, the buyer and seller may agree on a different warranty period. In any case, the buyer must be informed of this at the time of purchase.
Tangible products with digital content or services have a minimum legal guarantee of two years.
It should be noted that the warranty period starts from the date of receipt of the product.
For details of the rights of consumers in each Member State, the specific rules on legal and commercial guarantees in the country of purchase should be consulted.
Lack of conformity is a situation where the product or service does not conform - fully or partially - to the conditions of normal use. This is the case, for example, of a product that does not correspond to the description given by the seller or that is defective.
The burden of proof is a legal principle which indicates, in this case, who is responsible for proving the existence of the lack of conformity.
In Spain, unless proven otherwise, lack of conformity of new products is presumed to have existed when the good was delivered, provided that it becomes apparent within two years of delivery of the good.
In the case of second-hand goods, this period may not be less than one year.
In the case of products with digital elements, during the first year, it shall be presumed that the lack of conformity already existed when the good or service was delivered, whether it is provided in a single act or in a series of individual acts. Where the contract provides for continuous supply over a specified period of time, the burden of proof shall be on the entrepreneur where it is apparent for as long as the digital content or services are to be supplied.
Consumers are entitled to have the goods brought into conformity by repair or replacement within a reasonable period of time after the consumer reports the lack of conformity.
During the time that the good, the supply of digital content or service is made available to the trader to remedy the lack of conformity, the warranty period shall be suspended. The warranty period will be resumed when the good is delivered without the non-conformity. During the year following the delivery of the good, the supply of content or the digital service already in conformity, the retailer is liable for any new lack of conformity arising from the same defect.
Where the seller has failed to complete the repair or replace the product, consumers are entitled to a price reduction on termination of the contract.
As a general rule, the consumer is entitled to a price reduction or refund after a single unsuccessful repair attempt. The price reduction shall be in proportion to the diminished value of the goods.
Termination of the contract may not be requested if the lack of conformity is minor and it is the responsibility of the seller to prove this. Termination may be partial.
Retail outlets or manufacturers often offer their own additional commercial warranties, which may or may not be included in the price of the product.
They may provide better protection but can never replace or reduce the minimum legal warranty. Likewise, if a shop sells a cheaper new product by specifying that it is "out of warranty", this only means that the buyer does not enjoy any additional coverage, but does have the warranty that they are legally obliged to offer.