Consumer rights in Spain: what the law gives you and how to enforce it
A three-year guarantee, the right to change your mind, terms that are void even though you signed them, and advertising that binds whoever produced it. The General Act for the Protection of Consumers and Users gives considerably more than most people think; the problem is almost always how a claim is made, and in what order.
Who counts as a consumer
Consumers or users are individuals acting for a purpose outside their trade, business, craft or profession, and also legal persons and bodies without legal personality acting on a not-for-profit basis in a field unconnected with any business activity (art. 3.1 of the consolidated text of the General Act for the Protection of Consumers and Users, TRLGDCU). The Act also recognises the figure of the vulnerable consumer: those who, by reason of their personal, economic, educational or social circumstances, are in a position of subordination or lack of protection that prevents them from exercising their rights on equal terms (art. 3.2).
This is the first thing a company disputes when a claim is made: that you bought as a professional, that the invoice was in your company’s name, that the item is put to mixed use. It is worth settling from the outset, because everything else depends on it.
Advertising binds: article 61
This is the most underused tool in the whole Act. The content of the offer, promotion or advertising, the characteristics of the goods or service, and the terms and guarantees offered may be enforced by the consumer even where they do not appear expressly in the contract or in the document they received, and must be taken into account in determining conformity with the contract (art. 61.2 TRLGDCU). And where the contract contains more favourable terms, those prevail (art. 61.3).
What that means in practice. The brochure you were handed, the salesman’s email setting out the product’s features, the web page as it stood at the time of purchase, the savings study: all of it is enforceable. Which is why, when a consumer case comes in, the first thing we ask for is not the contract but everything you saw before signing it. It is worth keeping screenshots: websites change.
The statutory guarantee: three years, and five in which to claim
Since 1 January 2022 the trader is liable for any lack of conformity existing at the time of delivery and becoming apparent within three years for goods, and within two years for digital content or services. For second-hand goods a shorter period may be agreed, but never less than one year (art. 120.1 TRLGDCU). And the claim becomes time-barred five years after the lack of conformity becomes apparent (art. 124).
What you can require, and in what order:
- Repair or replacement, at your choice, unless one of the two is impossible or would impose disproportionate costs on the trader (art. 118.1). It must be free of charge — including postage, carriage, labour and materials — within a reasonable time and without significant inconvenience (art. 118.4). Where the goods had to be installed, the obligation includes removing the non-conforming item and installing the repaired or replacement one, or paying those costs (art. 118.6). And you owe nothing for normal use of the replaced item during the preceding period (art. 118.7).
- A proportionate reduction in price or termination of the contract where bringing the goods into conformity is impossible or disproportionate; where the trader does not repair or replace, or does not do so within a reasonable time; where a lack of conformity reappears after the attempt to put it right; where the lack of conformity is serious enough to justify it immediately; or where the trader has declared — or it is clear from the circumstances — that they will not perform (art. 119).
The right of withdrawal
In distance contracts and in contracts concluded away from business premises, the consumer may withdraw within fourteen calendar days, without giving a reason and at no cost, subject to the statutory exceptions. And the period is extended to thirty calendar days where the contract was concluded in the context of an unsolicited visit by the trader to the consumer’s home, or on an excursion organised to promote or sell goods (art. 102.1 TRLGDCU). Any term penalising withdrawal or imposing a waiver of it is void (art. 102.2).
The rule that saves the most cases is a different one: if the trader did not give notice of the right of withdrawal, the period ends twelve months after the date on which the original period would have expired (art. 105.1). If notice is given within those twelve months, the period expires fourteen or thirty days after the consumer receives that information (art. 105.2).
Unfair terms
Terms that have not been individually negotiated — and practices not expressly consented to — are unfair where, contrary to the requirements of good faith, they cause a significant imbalance in the parties’ rights and obligations to the detriment of the consumer (art. 82.1 TRLGDCU). If the trader maintains that a term was individually negotiated, it is for the trader to prove it (art. 82.2).
The consequence is emphatic: unfair terms are void and are treated as not having been written, and the contract remains binding in its other terms provided it can survive without them. Also void are terms incorporated without transparency to the detriment of the consumer (art. 83).
We see this above all in early cancellation penalties, chained minimum-term commitments, terms shifting onto the customer costs that belong to the trader, waivers of rights, submission to a court that has no connection with the parties, and disproportionate default interest.
The cases we take on
- Installations sold on the doorstep: solar panels, heat pumps, reverse osmosis systems, alarms and windows, almost always with linked finance.
- Vehicles with recurring defects, undisclosed mileage or history, and garages.
- Building work and renovations contracted by private individuals, dealt with in full in building and renovation contracts.
- Continuing services: telephone, internet, gyms, training providers and insurance, with their minimum terms and penalties.
- Banking and consumer finance: charges, interest, terms lacking transparency, and loans linked to a purchase.
- Travel and transport, where the breach is substantial enough to make litigation worthwhile.
What we do not take on. Very small claims where the cost of the proceedings far exceeds what can be recovered. We say so in the first conversation, and explain how to put the matter to the consumer authorities yourself, which for those amounts is usually the sensible course.
The routes: consumer authorities, arbitration and the courts
Not every claim has to end up in court, but every claim has to start well.
- The complaints form and a complaint to the trader, in writing and with proof of receipt. It fixes the date, interrupts the limitation period and, where there is linked finance, is the requirement for proceeding against the lender afterwards.
- The Dirección General de Consumo of the Comunidad de Madrid (the regional consumer authority) or the municipal consumer advice office. Neither can order payment, but they can open enforcement proceedings, and traders tend to move.
- Consumer arbitration. Free and quick, with an enforceable award, where the trader subscribes to the scheme or agrees to submit. For medium-sized amounts it is often the best balance of cost and result.
- The courts. Where the amount justifies it or the trader will not move. As a general rule, an attempt at an out-of-court solution has to be shown first.
How we handle it, step by step
Everything you saw before signing
Brochures, advertisements, emails, screenshots of the website, the quotation and, of course, the contract. Article 61 makes all of that enforceable, and it is usually what wins the case.
Checking withdrawal and the terms
If the contract gives no notice of the right of withdrawal, the period may still be open more than a year later. And we go through the whole set of terms looking for what is void.
A written complaint, properly dated
Setting out what is required, the time allowed and the consequences. Where there is a linked loan, the finance company is notified from the outset too.
Whichever route suits the amount
Consumer authorities, arbitration or court, with an estimate of cost and of time. If the sensible thing is for you to do it yourself, we say so.
Court proceedings
Against the trader and, where appropriate, against whoever provided the finance, with the principal and alternative heads of relief ordered so that you do not end up with nothing by having asked for too much.
Frequently asked questions
They tell me the guarantee is two years.
For goods bought since 1 January 2022 it is three years from delivery (art. 120.1 TRLGDCU); two years is the period for digital content and services. In addition, the claim becomes time-barred five years after the lack of conformity becomes apparent (art. 124). It is a common mistake, and sometimes it is not a mistake at all.
They are charging me for labour or carriage on a repair under guarantee.
They should not be. Bringing the goods into conformity must be free of charge, and that covers the necessary costs, in particular postage, carriage, labour and materials (art. 118.4 a) TRLGDCU). If the item was installed, the obligation also includes removing it and reinstalling it, or bearing that cost (art. 118.6).
They have repaired the appliance three times and it is failing again.
At that point you can require a reduction in price or termination of the contract: the Act expressly provides for this where any lack of conformity appears after the trader’s attempt to bring the goods into conformity, and also where the repair is not carried out within a reasonable time (art. 119 b) and d) TRLGDCU).
I signed up to a minimum term and now I am being penalised for cancelling.
You have to look at whether the term was individually negotiated — the burden of proving that is on the trader (art. 82.2) — whether it is transparent, and whether the penalty is proportionate to the actual loss. A disproportionate penalty, or one incorporated without transparency, is void and is treated as not having been written (art. 83).
Is it worth claiming over €300?
Through the courts, with a lawyer, usually not. Through the consumer authorities or arbitration, yes, and it is free. We tell you frankly: we would rather explain how to do it yourself than charge you for proceedings that do not pay.
Where we work
Our office is in Villanueva de la Cañada, with cases in Brunete, Villanueva del Pardillo, Valdemorillo, Quijorna, Majadahonda, Las Rozas, Boadilla del Monte, Pozuelo de Alarcón and the rest of western Madrid. This page forms part of our civil law practice; see also breach of contract and the pages on solar panels and heat pumps.
Tell us about your case
If a company will not repair what it sold you, is penalising you under a term you never negotiated, or promised you in writing something it has not delivered, tell us what you bought and what you were offered, with whatever paperwork you have kept. We study every case before taking it on, and we tell you frankly whether a claim is worth making and by which route.
First consultation: quoted before we start.
28691 Villanueva de la Cañada (Madrid)