Defective product in Spain: your legal guarantee, refund and replacement
Bought something in Spain that broke, failed or never worked as promised? Spanish law gives you a free legal guarantee of up to 3 years — repair, replacement or your money back — and the seller, not just the manufacturer, must answer to you. A “no refunds” sign or the shop’s own return policy does not remove this legal guarantee. Here is exactly what you are entitled to, the deadlines, the evidence you need and the step-by-step way to claim.
What the legal guarantee is
Every product sold to a consumer in Spain carries a free legal guarantee of conformity (garantía legal), set by law (LGDCU). The seller cannot remove it or charge for it.
For goods bought from 1 January 2022 the legal guarantee lasts 3 years from delivery (2 years for purchases before that date). It is separate from any commercial or manufacturer’s warranty, which provides additional protection.
“Conformity” means the product matches what was described and works as such goods normally should. A genuine defect — not misuse — is covered.
In many cases, you can start enforcing these rights with a written claim, without a lawyer.
When it applies (new, second-hand, who answers)
- It covers products bought from a professional seller for personal use — new and, with a possibly reduced term, second-hand if sold by a business.
- The seller is your point of contact and is legally responsible; do not let them push you only to the manufacturer.
- It covers defects of conformity, not damage you caused or normal wear consistent with the product.
- It is independent from the right of withdrawal (14-day returns) — use the guarantee when the item is faulty, not just unwanted.
NAVISort out my faulty item — repair, replacement or money back
Describe the defect — NAVI prepares the claim (repair, replacement or refund) and checks the deadline.
Your rights: repair, replacement or refund
- First you can choose repair or replacement, free of charge and within a reasonable time, unless that option is impossible or disproportionate.
- If repair or replacement is not done in time, fails or is impossible, you can ask for a price reduction or a full refund (contract termination).
- All costs of bringing the product into conformity — labour, parts, shipping — are paid by the seller, not you.
- Repeated failed repairs of the same defect strengthen your right to a refund.
Deadlines and the 3-year guarantee
- Legal guarantee: 3 years from delivery for goods bought since 2022.
- A defect that appears in the first 2 years is presumed to have existed at delivery — the seller must prove otherwise, not you.
- Report the defect within the guarantee period and keep a written record of when you did.
- After a successful repair or replacement, the guarantee continues on the product.
Evidence you need
- Proof of purchase: invoice, receipt or bank/card statement.
- The product model and a clear description of the defect — photos or video help a lot.
- Any messages with the seller: emails, chat, the date you first reported the fault.
- The commercial warranty document, if the seller relies on it.
How to claim, step by step
- Contact the seller in writing, state the defect and what you want (repair, replacement or refund) with a clear deadline.
- If there is no reply or a refusal, ask for the official complaint form (hoja de reclamaciones) — almost every business open to the public must provide it, with a few regional exceptions set by each autonomous community.
- Escalate to consumer protection: OMIC (municipal office) or your regional consumer authority, then arbitraje de consumo.
- As a last step, you can take the claim to court; for lower-value claims, a lawyer may not be required.
A real case: “it was second-hand” does not explain every fault
A buyer paid 4,500 euros for a used car. The court annulled the contract and ordered the seller to return the money. The Audiencia Provincial of the Balearic Islands decided a dispute over a Mini Cooper R-56 bought on 20 October 2021 for 4,500 euros. The car turned out to have a non-regulation exhaust and a damaged bumper, with repairs quoted at 3,745.58 euros. The court found «defectos graves en el vehículo», held that the promised condition of the engine had not been met, and that the faults went beyond «simples imperfecciones atribuibles al previo uso del bien» — mere imperfections explained by prior use. The contract was annulled and the seller ordered to return 4,565.25 euros plus statutory interest.
What was not obvious. “The item was used” is not a universal answer to a complaint. The court did not deny that a second-hand thing carries traces of use; it drew a line: imperfections explained by prior use are one thing, serious defects and a condition other than the one promised are another. In practice, a dispute over a used item is won not by the word “defect” but by the comparison — what you were promised against what age alone would explain. The second turn worth noting: this ended not in repair or replacement but in the sale being undone and the price returned — a route different from the repair → replacement → price reduction → refund ladder.
Outcome: the contract was annulled, with 4,565.25 euros plus statutory interest to be returned. The judgment is final: «La sentencia es firme y contra ella no cabe recurso».
The limits of this case. The court communication does not say whether the seller was a professional — and that is what decides whether the legal guarantee of conformity described on this page applies at all. So the case is included not as authority on the legal guarantee, but as an example of where a court draws the line between wear and a real defect in a second-hand item. It was decided on appeal and is final, but it binds only the parties. A note on identifiers: the communication prints the court and the ECLI, but neither the judgment number, nor the case number, nor the date of the judgment itself, so the date shown here is the date of the communication and is labelled as such.
Audiencia Provincial of the Balearic Islands · 02.10.2024
The section above sets out the ordinary ladder: repair, replacement, price reduction or refund. This case took a different turn — the defects were such that the argument moved to the sale itself.
Check your own situationCommon mistakes that weaken your claim
- Throwing away the receipt or invoice — keep any proof of purchase, even a card statement.
- Accepting “go to the manufacturer” when the seller is the one legally responsible to you.
- Paying for the repair or shipping that should be free under the guarantee.
- Only complaining verbally, leaving no dated written trail.
- Settling for endless repairs when failed repairs entitle you to a refund.
If the seller refuses or ignores you
- A verbal “no” or silence is not a valid legal answer — keep escalating in writing.
- A burofax gives your demand a dated, certified record before arbitration or court.
- Do not accept “go to the manufacturer” — in Spain the seller answers to you under the legal guarantee.
- Report the case to your consumer authority; it can mediate and, where the law has been broken, impose sanctions.
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Frequently asked questions
Is the legal guarantee really 3 years?
Yes. For products bought in Spain from 1 January 2022 the legal guarantee of conformity is 3 years from delivery. Goods bought earlier keep the previous 2-year guarantee.
The shop says I must go to the manufacturer. Is that right?
No. Under the legal guarantee the seller is responsible to you. You can require the seller to repair, replace or refund.
I lost the receipt. Can I still claim?
Often yes — a bank or card statement, the order confirmation or the warranty card can prove the purchase.
Can they charge me for the repair or shipping?
No. Bringing the product into conformity (labour, parts, shipping) is free for you under the legal guarantee.
They repaired it twice and it broke again. Now what?
Repeated failed repairs of the same defect entitle you to ask for a replacement, a price reduction or a full refund.
What if the 3 years passed?
The legal guarantee no longer applies, but a separate commercial or extended warranty, or a hidden-defect claim, may still help. NAVI can check your case.
Does this also cover second-hand items?
Yes, when bought from a business, although the seller and you may agree a reduced term for used goods.
Is this the same as returning something I just don’t want?
No — that is the 14-day right of withdrawal. The legal guarantee is for faulty goods and is usually the stronger route.
Official sources
- LGDCU — Real Decreto Legislativo 1/2007 (consumer law)
- Real Decreto-ley 7/2021 (3-year legal guarantee)
- Consumer information — Ministry of Consumer Affairs
Informational only, not legal advice. Check your specific contract, dates and region. Updated August 2026.
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This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.
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Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.