Common consumer situations
Lexiel has answered thousands of consumer queries about warranties, contracts and claims:
Defective product and warranty
Legal warranty is 3 years for new products (2 for used). If the defect existed at sale, the seller must repair, replace or refund. Lexiel helps you claim it.
Unfair terms in contracts
Excessive cancellation charges, unilateral binding, abusive late payment interest. These are null under TRLGDCU and CJEU case law. Lexiel identifies them.
Online scam and fraud
Fake shop, undelivered product, banking phishing or marketplace fraud. What to do, who to report to and how to recover your money.
Right of withdrawal
14 days to return any online purchase without reason (TRLGDCU Art. 102). The seller cannot charge you return costs unless expressly stated before purchase.
Insurance company claims
Coverage denial, delayed compensation, settlement below agreed amount. Lexiel tells you when the insurer is right and when you can claim.
Financial and banking services
Illegal fees, revolving card interest, floor clauses in mortgages or claimable mortgage costs. The CJEU and Supreme Court have been very protective of consumers.
How does Lexiel help?
- Explains TRLGDCU and consumer law in plain language, no jargon
- Finds CJEU and Supreme Court case law applicable to your situation
- Identifies if a contract clause is unfair and what its effects are
- Tells you which public bodies can help you (OMIC, AEPD, Banco de España, CNMC)
- Guides you on when it's worth claiming yourself vs. hiring a lawyer
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Frequently asked consumer rights questions
How long is the warranty on a new product?
Since 1 January 2022, the minimum legal warranty in Spain is 3 years for new products and 1 year for second-hand items (previously 2 years for new). During the first 2 years, defects are presumed to have existed at the time of sale. Sellers may extend it voluntarily (commercial warranty).
Can I return an online purchase even if the product is fine?
Yes. You have 14 calendar days from receiving the order to withdraw without giving any reason (TRLGDCU Art. 102). The seller must refund the full price, including original shipping costs, within 14 days. Note: some products are excluded (food, personalised products, already-downloaded digital content).
What is an unfair term and can it be declared null?
An unfair term is one that, to the consumer's detriment, creates a significant imbalance between the parties' rights and obligations without prior negotiation (TRLGDCU Art. 82). They are null and void. Examples: notary costs in mortgages (STS 2019), default interest above 8% of the legal rate (CJEU 2014), floor clauses without clear information.
What do I do if I've been scammed by an online shop?
Immediate steps: (1) File a police report; they may recover funds if you act quickly. (2) Contact your bank to initiate a chargeback if you paid by card; you have 60-120 days depending on the bank. (3) Report to AEPD if personal data fraud occurred. (4) Report the website to INCIBE (cybersecurity). (5) If over €400, consider civil or criminal proceedings with a lawyer.