Goods regulated by law

Royal Decree-Law 7/2021 applies to movable goods for private consumption, including consumer goods such as household appliances, vehicles, furniture, objects of all kinds, and even works of art. This regulation also covers e-commerce, extending its scope to purchases made online. By definition, it excludes services and real estate.

The law excludes sales between private individuals, applying only to transactions between professional sellers and consumers.

For new consumer goods, the warranty period is three years, while for second-hand products, the minimum warranty is one year, which may be extended up to three years by agreement between buyer and seller. During the first two years of the warranty of a new product, any defect is presumed to be of manufacturing origin, and the seller must cover all repair costs, including parts, transport, and labor. The warranty period is suspended while the product is under repair.

Goods in proper condition

The law considers that a consumer should be satisfied with a purchased product if it meets the following requirements: the product must match the description provided by the seller and possess the qualities demonstrated through a sample or model. It must also be suitable for the intended use indicated in the instruction manual, in verbal explanations from the seller, or in a demonstration video.

Advertising, label information, or any use inferred from the product’s characteristics also define its proper use. If the consumer has requested a specific use and the seller has confirmed that the product is suitable for it, this must be fulfilled. In addition, the product must present adequate quality and performance; for example, a pressure cooker should cook faster than a traditional pot.

Scope of the law

The law applies to sellers of consumer goods and to consumers as final recipients. Contracts between private individuals are excluded, as the law only governs sales between professional sellers and consumers.

It applies to any consumer good, meaning any item or product intended for private use. It excludes goods acquired through judicial sales (such as confiscated property auctions) and the distribution of non-packaged water or gas for sale.

Claims in case of product failure

The primary responsible party is the seller. However, the consumer may also contact the manufacturer or importer directly if going through the seller is overly burdensome—for example, when a defective product is purchased while traveling abroad.

If the product does not match the advertised characteristics, the consumer may choose between repair or replacement, unless these options are impossible or disproportionate. If neither is feasible, the consumer may request a price reduction or contract termination (refund).

Replacement cannot be demanded for second-hand goods or items that cannot be replaced (e.g., discontinued products, artworks, antiques, or exclusive designs). Replacement is considered disproportionate when the defect is minor and easily repairable, while repair is disproportionate when its cost exceeds the value of the product.

Claim periods

The consumer must report defects within a reasonable time, not exceeding the warranty period. Within the first two years, defects are presumed to have existed at the time of delivery, and the seller must apply the warranty. After two years, the consumer must prove that the defect was original and not caused by misuse.

After repair, the seller must provide a new full three-year warranty for the repaired product. Any defect related to the repair is presumed to have the same origin if it reappears. Proof of repair must be retained.

Failure after repair or replacement

If replacement does not resolve the issue, the consumer may request a price reduction or refund. If repair fails or causes significant inconvenience, the consumer may request replacement, price reduction, or refund.

The price reduction must be proportional to the defect, although the law does not set fixed amounts, requiring agreement between both parties.

Refusal to repair, reduce price, or refund

Within the first two years, defects are presumed to exist at delivery, and the consumer does not need to prove origin. If dissatisfied, they may file a complaint form and seek consumer protection authorities or legal action.

After two years, the consumer must prove the defect existed at delivery.

If a price reduction is offered, it must be proportional. If disagreement arises, an expert appraisal may be used to determine a fair adjustment.

Instruction manuals and improper installation

If incorrect use results from faulty instructions, the consumer is protected and may request repair, replacement, price reduction, or contract termination depending on severity. Responsibility lies with the seller.

The same applies to defective installation caused by incorrect manuals or technician error.

Costs during warranty

The consumer bears no cost. During the warranty period, the seller or manufacturer must cover all expenses, including transport and repair. Warranty is suspended while the product is being serviced.

Consumers may also claim damages (e.g., spoiled food due to a faulty refrigerator), although such compensation must be justified and may require arbitration or legal action.

Commercial warranty

A commercial warranty is an additional voluntary commitment offered by the manufacturer, distributor, or seller. It must be more favorable than the legal warranty and is often used as a marketing tool.

It must be clearly written, specify coverage and conditions, identify the provider, and not limit statutory consumer rights.