Skip to main content
Try Lexiel for freeTry now →
15 minSofía

Consumer Rights

Warranties, right of withdrawal, complaints (forms, OMIC, arbitration) and unfair terms.

Legal Warranty: 3 Years for New Products

Since January 1, 2022 (transposing EU Directive 2019/771), the legal warranty for new products in Spain is 3 years from delivery. For second-hand products, a shorter period can be agreed, but never less than 1 year.

How the Warranty Works

  • During the first 2 years, if the product fails, the defect is presumed to have existed at delivery. The seller must prove otherwise.
  • From the second to the third year, the burden of proof reverses: you must prove the defect is original.
  • You are entitled to free repair or replacement. If that is not possible, a price reduction or contract termination (refund).

Right of Withdrawal: 14 Days for Online Purchases

When buying remotely (online, phone, catalog), you have 14 calendar days to return the product without giving reasons.

Key Rules:

  • The period starts when you receive the product.
  • If the seller does not inform you of this right, the period extends to 12 months.
  • You bear the return cost only if the seller informed you beforehand.
  • The seller has 14 days to refund you.
  • Does not apply to: customized products, perishable food, downloaded digital content, package travel, fixed-date event tickets.

Complaints: 3 Levels

1. Complaint Form (Hoja de Reclamaciones)

Every public-facing business must have complaint forms. Refusing to provide one is a sanctionable offense.

2. OMIC (Municipal Consumer Information Office)

Free service from your city council: mediation, advice, and referral to arbitration.

3. Consumer Arbitration

Free, fast, and binding. If the company participates in the Consumer Arbitration System, you can resolve the dispute without going to court. Typical resolution: 3-6 months.

Unfair Terms

A term is unfair if it was not individually negotiated and causes a significant imbalance to the consumer's detriment. Common examples: floor clauses in mortgages, disproportionate cancellation penalties, data sharing without explicit consent. Unfair terms are void: they are treated as if they never existed.

Have your own legal questions?

The Individual Plan gives you 50 queries/month with answers verified against official legal sources.

Try free for 14 days
PreviousNext