Information on warranties

Assets 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 its very concept, services and real estate are eliminated.

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

For new consumer goods, the warranty will be for three years, while for second-hand products, the warranty will be for a minimum of one year, which may be extended up to three years by agreement between the buyer and seller. During the first two years of warranty for a new product, it is assumed that the damage comes from the factory and the seller must assume all repair costs, including parts, transportation and labor hours. The warranty period is suspended during the time the product or object is under repair.

Product in good condition

The law considers that a consumer must be satisfied with the product purchased if it meets the following requirements: the product must conform to the description provided by the seller and possess the qualities demonstrated through a sample or model. It must also be suitable for the use indicated in the instruction manual, in the seller's verbal indications or a demonstration video. Advertising, indications that appear on a label, or a use that follows from the characteristics of the product itself, also serve as usual use. Even if the consumer has requested a special use and the seller has assured him that the purchased good will offer it, it must be so. In addition, the product purchased must be of adequate quality and performance. Thus, a pressure cooker must cook faster than a traditional kettle.

Law Enforcement

The Law binds sellers of consumer goods, on the one hand, and consumers as final recipients, on the other. In other words, contracts between private individuals are excluded, since it only provides for the sale and purchase between a professional seller and a consumer.

It will be applied whenever a consumer good is purchased, that is, any object or product of private consumption. Goods acquired in a judicial sale (auction of confiscated goods) are excluded. The distribution of unpackaged water or gas for sale is also not subject to this law.

Claim in case of product failure

The seller is primarily responsible for the product. However, the consumer can go directly to the manufacturer or the importer, if going to the seller is a burden. For example, if during a vacation away from home a digital camera has been purchased that does not correspond to what was offered in the store, it is easier for the consumer to go to the manufacturer or importer than to the store where it was purchased.

If the product does not meet the advertised characteristics, the consumer may choose between repair or replacement of the good, unless these options are impossible or disproportionate. If repair or replacement is not possible or is disproportionate, the consumer may opt for an appropriate reduction in the price or termination of the contract, i.e. the refund of the price.

The consumer may not demand replacement in the case of second-hand goods or goods that are impossible to replace. For example, replacement cannot be demanded if the good is no longer manufactured or is out of stock, if a second-hand vehicle is purchased, nor, because of the impossibility involved, can a work of art, an antique or an exclusive clothing design be replaced. The replacement will be disproportionate when it is a small defect that can be easily or simply repaired. The repair will be disproportionate when it is uneconomical, that is to say, more expensive than the value of the good.

Claim periods

The consumer must report the fault within a reasonable period of time, which should not exceed the warranty period since the fault was detected. In this sense, if the problem has appeared within the first two years from the purchase of the product, the seller must make the warranty effective, since in that period of time it is presumed that the problem is of origin. However, if these two years have passed, it is the consumer who must prove that the failure is of origin and that it has not been caused by misuse of the product.

The Law establishes that, after a repair, the seller must guarantee the repaired good for a new full period of 3 years. In addition, any defect related to the repaired one is presumed to have the same origin as the initial problem if it manifests itself again. In order to make this repair warranty effective, the consumer must keep the proof of the repair and of the authorized technical service that carried out the repair.

Failure after repair or replacement

The Law includes these possibilities: If the consumer chose the replacement of a defective product for an equal one, he can opt for a price reduction or a full refund if the replacement does not solve the lack of conformity. On the other hand, if a faulty product is repaired, the consumer can demand the replacement, a price reduction or a full refund if the repair does not solve the defect or causes significant inconvenience.

The law establishes that the reduction in price must be proportional to the lack of conformity, but does not specify specific amounts. Therefore, the two parties involved in the sale are obliged reach reasonable agreements that satisfy both parties.

Refusal to repair, price reduction or refund

If we are within the first two years from the delivery of the product, it is presumed that any lack of conformity existed at the time of delivery, and the consumer does not have to prove the origin of the product. During this period, you can demand the repair or replacement of the product and, if you are not satisfied with the seller's response, you can request a Complaint Form and go to consumer agencies to mediate or even go to court.

If more than two years have elapsed, the consumer must prove that the defect existed from the time of delivery of the good and was not caused by misuse.

If a price reduction is chosen, it must be proportional to the defect. If the consumer does not agree with the seller's proposal, he can call in an appraiser to determine the reasonable price after repair and justify the price reduction he is requesting.

Instruction book and poor installation

If a consumer misuses a product because the instructions provided in the user manual were incorrect, the consumer is protected by warranty law. In this case, he can demand repair, replacement, price reduction, or even termination of the contract, depending on the seriousness of the non-conformity. The responsibility lies with the seller, since the defect is due to faulty information and not to misuse attributable to the consumer.

Similarly, if the failure is caused by faulty installation, whether caused by incorrect instructions in the manual or by technicians sent by the seller, the consumer is protected. The seller is responsible for ensuring the conformity of the product, and the consumer can demand the same legal remedies: repair, replacement, price reduction or termination of the contract.

In case of repair or transfer to a technical service, what must the consumer pay?

Nothing. During the period in which the warranty is effective, the seller or producer must bear all costs necessary to ensure the conformity of the good, including repair costs, transportation costs and other expenses necessary to carry out the repair or replacement of the product. In addition, while the product remains in the technical service, the legal warranty period is suspended. In addition, apart from claiming the application of the warranty (repair, replacement, price reduction or refund), the consumer can claim compensation for damages resulting from the breakdown, e.g. food spoiled by the malfunction of a refrigerator. However, this compensation is not automatically guaranteed and must be justified by the consumer, who may resort to the courts or arbitration if the seller does not agree to the claim.

Commercial warranty

The commercial warranty is an additional commitment offered by the manufacturer, distributor or seller that must be more favorable than the legal warranty, since the latter establishes the minimum rights demandable by the consumer. In addition, the commercial warranty is often used as a marketing tool to attract consumers and stand out from the competition.

However, the commercial warranty must comply with certain legal requirements, such as being written in clear and understandable terms, specifying to which product it applies, what it covers and what its conditions are, and including the name and address of the person offering it. This warranty does not limit or replace the consumer's statutory warranty rights.