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Purchases · Spain
Checked 2026-09-30

🛠️ My purchase is faulty: what are my rights in Spain?

Short answer

The seller — not the manufacturer — is liable when goods are faulty or not as described. You can ask for a free repair or a replacement; if that fails or takes too long, a price reduction or your money back.

⏱ DeadlineThe seller is liable for faults that appear within the legal period (see the rules in Spain below). Act as soon as you notice the fault.

📜 Your rights

EUThe EU rule

EU consumer law applies in every EU country. Your country writes it into its own law — the national rule is below.

  • The seller is liable for any lack of conformity that exists when the goods are delivered and becomes apparent within at least 2 years (Art. 10(1) Directive (EU) 2019/771). Countries may keep longer periods (Art. 10(3)).
  • A fault that becomes apparent within 1 year of delivery is presumed to have existed at delivery, unless the seller proves otherwise; countries may extend this to 2 years (Art. 11).
  • If the goods are repaired, the seller’s liability period is extended once by 12 months (Art. 10(2a), added by Directive (EU) 2024/1799, applied from 31 July 2026).
  • You first choose between repair and replacement, unless the one you choose is impossible or disproportionate (Art. 13(2)).
  • Repair or replacement is free of charge, within a reasonable time and without significant inconvenience to you (Art. 14(1)).
  • You can ask for a price reduction or terminate the contract if the seller did not repair or replace, the fault comes back, it is serious, or the seller refuses (Art. 13(4)). Not for a minor fault (Art. 13(5)).
Official source: publications.europa.eu · Checked 2026-09-30

The rules in Spain

The seller is liable for defects that appear within 3 years of delivery. Defects appearing within 2 years are presumed to have existed at delivery. You first choose repair or replacement, free of charge; price reduction or termination follow if that fails or is impossible.

  • For second-hand goods, you and the seller may agree a shorter period, but never less than 1 year from delivery. (boe.es)
  • After a repair or replacement, the seller is liable for 1 more year for the same defect; the repair time also pauses the guarantee periods. (boe.es)
  • Your legal claim expires 5 years after the defect appears. (boe.es)
  • If going to the seller is impossible or an excessive burden, you can claim repair or replacement directly from the producer. (boe.es)
Law: arts. 117, 118, 119, 120 y 121 del Real Decreto Legislativo 1/2007 (TRLGDCU)
Official source: boe.es · Checked 2026-09-30

🪜 Step by step

  1. Write the fault downWhat is wrong, since when, photos or a short video. Keep the receipt or order confirmation.
  2. Contact the seller, not the manufacturerYour legal claim is against the seller. A manufacturer’s guarantee is an extra, not a replacement.
  3. Choose repair or replacementUse the letter below and give a reasonable date.
  4. No repair, no replacement?Ask for a price reduction or end the contract and get your money back (the letter says so).
  5. EscalateThe bodies under “If the trader does not answer”.

✉️ Your letter

Information, not legal advice. FFCheck is independent and not affiliated with any authority, court or company. The letter is a template filled with your details: you check it and send it yourself.

Fill in your details. The letter appears on this page: copy it into an e-mail or the trader’s contact form, or print it. Nothing you type is stored.

Name of the shop or company
e.g. “1 pair of running shoes, size 42”
Short and factual, e.g. “the screen stays black after charging”.
What you ask for required
Your full name
Optional, but a letter by post needs it.
Language of the letter

🧭 If the trader does not answer

Give the trader the time in your letter. Then, in this order:

An out-of-court dispute body (ADR) can settle it. The trader has to tell you which ADR body covers it (on its website, terms or in its reply).

Sistema Arbitral de Consumo (Juntas Arbitrales de Consumo)Free consumer arbitration; binding award like a court ruling. The trader must accept or be adhered.🔗 dsca.gob.es
Ministerio de Derechos Sociales, Consumo y Agenda 2030 (Consumo)Explains how to complain: complaint forms, municipal and regional consumer offices, arbitration.🔗 dsca.gob.es

Trader in another EU country? The European Consumer Centre helps for free.

Centro Europeo del Consumidor en EspañaFree help with complaints against traders in other EU countries, Norway and Iceland.🔗 portal-cec.consumo.gob.es
Juicio verbal (Ley 1/2000, de Enjuiciamiento Civil)Simplified court case up to €15,000; up to €2,000 without lawyer or procurador.🔗 boe.es

European Small Claims Procedure: for cross-border claims up to €5,000, a written procedure without a lawyer. e-justice.europa.eu

The EU’s online dispute resolution platform (ODR) closed on 20 July 2025. Use the bodies on this page instead.

📇 Every office for this in Spain →

❓ Frequently asked questions

The shop says: contact the manufacturer. Is that right?

No. The seller is liable for the legal guarantee. You may use a manufacturer’s commercial guarantee as well, but you don’t have to.

Do I have to pay for the repair or the shipping?

No. Bringing the goods into conformity is free of charge, including the cost of sending them.

What if the fault shows up after the presumption period?

The seller is still liable within the legal period, but you may have to show the fault was there at delivery (for example a report or the nature of the defect).

📎 Sources

Checked: 2026-09-30

🔎 What people search

  • “faulty product rights Spain”
  • “legal guarantee 2 years shop refuses”
  • “defective item repair or replace”
  • “warranty claim letter”
  • “shop says contact manufacturer”

🧭 Is this still correct?

We check this information carefully, but phone numbers, websites and rules change — and sometimes we get something wrong. Spotted a mistake or a change? Let us know below.

🔗 Related

❔Can I claim a product's warranty? · Your right in one line→📭Parcel arrived damaged→↩️Return an online order→📲Digital content not working→💶Refund not received→📇Every office for this in Spain→

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