Consumers should demand the same guarantees when shopping on the Internet as when shopping in a traditional shop. And although the vast majority of companies with online commerce comply with current regulations, there are some that do not, which generates a great distrust towards this type of transactions.
Therefore, when shopping online, we recommend that you always check the identity of the online shop. And remember that, before making your purchase, the company must provide in a clear, free and understandable way - among other clauses - the main characteristics of the goods and services, the identity and contact details of the company, the total price, the payment procedure, the legal guarantee of conformity for the goods and, when the right of withdrawal is applicable, the conditions, the procedure and the corresponding model form.
Basic rights in online purchases:
- Confirmation of purchase. The seller will immediately send the customer proof of the purchase made.
- Delivery period. 30 calendar days from the signing of the contract.
- Warranty. The company must inform the customer of the existence of a guarantee and will respond to any lack of conformity that becomes apparent, generally within 3 years of delivery.
- Right of withdrawal. In general, the consumer has the right to withdraw from the contract without having to justify his decision and without penalty. The maximum period for exercising this right is 14 calendar days from receipt of the product.
Exceptions to this right of withdrawal are:
- The provision of services, once the performance of the service has begun with the consumer's prior express consent and with the consumer's acknowledgement that he is aware that, once the contract has been fully performed by the entrepreneur, he will have lost his right of withdrawal.
- The supply of goods or services the price of which depends on fluctuations in the financial market which the trader cannot control and which may occur during the withdrawal period.
- The supply of goods made to the specifications of the consumer and user or clearly personalised.
- The supply of goods that are likely to deteriorate or expire quickly.
- The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
- The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
- The supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
- Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
- The supply of sealed sound recordings, videos or software which have been unsealed after delivery.
- The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- Contracts concluded by means of public auctions.
- The supply of accommodation services for purposes other than the provision of housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
- The supply of digital content which is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.
This information is for guidance purposes only. To find out more about your rights, please consult the Spanish legislation and the European legislation directives that regulate e-commerce and the contracting of products and services on the Internet.