Consumer Product Warranties and After-Sales Rights in Spain

Consumer Product Warranties and After-Sales Services (Arts. 114-127 LGDCU)

The LGDCU establishes a regime for the safety of consumer products. It is based on the so-called principle of conformity of goods with the contract. Under this principle, the product sold must:

• Meet all the requirements stated in the contract.
• Be suitable for the use to which goods of the same type are normally put.
• Fulfill any special applications required by the consumer, provided these were communicated to the seller and accepted.
• Possess the quality and performance which are normal in goods of the same type.

The seller is therefore responsible for any lack of conformity (Articles 114 and 116).

Consumer Remedies for Non-Conforming Products

In case of a lack of conformity of goods with the contract, the buyer can demand their replacement or repair, unless this is objectively impossible or disproportionate. A remedy is considered disproportionate when the seller incurs unreasonable costs, taking into account the product's value if there were no lack of conformity.

If repair or replacement is not possible or disproportionate, the consumer can choose a price reduction or termination of the contract. A price reduction or contract termination will also apply if the repair or replacement is not carried out within a reasonable time or without significant inconvenience to the consumer or user (sections 119 and 121).

Warranty Duration and Key Deadlines

The legal warranty lasts for two years from delivery. For second-hand goods, the seller and consumer may agree on a shorter period, which shall not be less than one year after delivery.

Unless otherwise agreed, any lack of conformity that becomes apparent within six months after delivery is presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

The consumer must inform the seller of the lack of conformity within two months of becoming aware of it. The deadline for filing a judicial complaint against the seller expires three years from the product's delivery (art. 123).

Commercial Guarantees: Beyond Legal Protection

In addition to the legal guarantee, the seller may offer a commercial (or additional) guarantee to the consumer. In this case, the action to demand compliance must be initiated within six months from the end of the commercial warranty period itself (art. 125).

After-Sales Service and Spare Parts for Durable Goods

For products of a lasting nature, the Act grants consumers and users the right to adequate technical service and the availability of spare parts for a minimum period of five years from the date the product ceases to be manufactured (art. 127).