In the midst of the January sales campaign, the European Consumer Centre in Spain (ECC-Spain) aims to help consumers defend their rights and to remind them once again that, during sales, it is prices—not rights—that are reduced. Accordingly, whenever goods are offered at a reduced price, the previous price must be clearly displayed in order to allow for a proper comparison, with the previous price understood to be the lowest price applied during the thirty days prior to the discount.
Likewise, ECC-Spain highlights some of the unfair commercial practices that certain retailers—especially platforms and online shops—use to pressure consumers into making impulsive purchases, such as the use of unlawful dark patterns, including drip pricing (which consists of hiding costs at the beginning of the purchasing process, with mandatory charges appearing only at later stages); high-pressure sales techniques (unrealistic countdowns or false scarcity messages that create an artificial sense of urgency in consumers); or personalised pricing based on personal data.
Consumer Rights
- Shops must provide accurate and sufficient information to enable consumers to make an informed purchasing decision. Concealing important information or providing false information constitutes an unfair commercial practice.
- Contractual terms must be drafted in clear and understandable language. Any ambiguity will always be interpreted in favour of the consumer, and if the terms of a contract are unfair, they will not be binding on the consumer.
- The price of an offer must include all taxes and shipping costs. If there are additional costs that cannot be determined in advance, the consumer must be properly informed.
- For discounted products, both the original price and the reduced price must be clearly indicated.
- The warranty for discounted products must not differ from that of non-discounted products. In Spain, the minimum legal warranty period for new products is three years. In the case of products with digital elements, this period is reduced to two years. For second-hand goods, the legal warranty is agreed between the buyer and the seller and must be a minimum of one year and a maximum of three years.
- The quality and after-sales service of discounted products must be the same as those of the same products outside the sales period.
- The seller is obliged to repair, replace, reduce the price, or refund the purchase amount if the product is defective or does not match what was advertised. As a general rule, a full or partial refund may only be requested if repair or replacement is not possible.
- During sales, shops may apply certain “special conditions”. In such cases, consumers must be clearly and visibly informed.
- For distance purchases (for example, online purchases) made within the European Economic Area, consumers have the right to return the product within 14 days without having to justify the reason and without any cost retention or penalty (right of withdrawal). It should be noted that there are some exceptions to this right, such as the purchase of airline tickets, concert tickets, or made-to-order items.
- All establishments must have complaint forms available.
ECC-Spain’s recommendations
- Before buying, make a list of the products you want to purchase, set a budget, compare the product across different retailers, and track the price of those items well in advance.
- Make online purchases only from secure and trustworthy retailers, such as websites that start with https://.
- Check whether there are any special conditions. Although most retailers do accept returns, brick-and-mortar shops are not obliged to do so unless the product is defective. If there are special conditions for the sales period, shops are required to state them explicitly.
- Use a secure payment method, such as a credit card. Credit cards offer the possibility of cancelling unauthorised transactions through chargebacks, which can help resolve fraudulent charges or incorrectly duplicated charges. To do so, it is recommended to first try to resolve the issue with the retailer and, if that does not work, contact your bank to request a chargeback. Avoid bank transfers and be cautious with shops that only accept advance payment, as you may lose the money paid in advance if problems arise with the product.
- Always read the terms and conditions.
- Check whether the retailer is part of the consumer arbitration system, as this can resolve any problems with the purchase more quickly.
- Avoid impulse purchases.
- Find out about the sustainability characteristics of products, such as their durability, reparability, or environmental footprint.
- Keep the purchase receipt.
- Contact ECC-Spain for assistance if you reside in our country and have a problem with purchases made from a retailer in another EU country other than Spain, as well as in Norway, Iceland, or the United Kingdom.