Defective product in Spain: your legal guarantee, refund and replacement

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.

Prepare my complaint now

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 brand warranty, which only adds on top.

“Conformity” means the product matches what was described and works as such goods normally should. A genuine defect — not misuse — is covered.

The guarantee makes defending this right affordable: most cases are solved 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.

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) — every business must provide it.
• Escalate to consumer protection: OMIC (municipal office) or your regional consumer authority, then arbitraje de consumo.
• As a last step, a small-claims court — often without a lawyer for low amounts.

Common 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 was broken, sanction.

Related guides

Frequently asked questions

Official sources