Legal guarantee (garantía legal): repair, replacement or refund

Key rules

• Duration: New goods are covered for three years from the day they are delivered to you.
• Burden of proof: For two years the seller must prove the fault was not there at delivery.
• Who to claim from: Your claim goes to the seller, not the manufacturer.
• Remedy order: You start with repair or replacement, and move to a lower price or refund only in the listed cases.

What the guarantee gives you

If new goods you bought from a business in Spain turn out faulty, you have a legal right to a fix. It is automatic. You do not pay for it and the seller cannot refuse to offer it. It is called the garantía legal.

It covers new goods for three years from delivery. The clock starts on the day the goods reach you, not the day you paid. This applies to contracts signed since 1 January 2022. Older contracts had two years.

Who you claim from

Claim from the seller, not the manufacturer. The seller may later recover the cost from the manufacturer, but that is their business. If the manufacturer also offers its own guarantee, that is a separate promise and follows its own terms.

Who has to prove the fault

• In the first two years: the fault is presumed to have been there at delivery. The seller must prove otherwise.
• From year two to year three: you must show the fault was already there at delivery. A technician's report, photos or messages with the seller help.

The two-year presumption is for new goods. For second-hand goods with a shortened guarantee, the presumption lasts for the period agreed.

The order of remedies

1. Repair or replacement. You choose between them first. The exception is when your choice is impossible or disproportionate. Then you get the other one.
2. Lower price or refund. You can move to this step in any of these cases:
   • repair and replacement are both impossible or disproportionate;
   • the seller has not fixed it in a reasonable time, or without significant inconvenience to you;
   • the fault comes back;
   • the fault is serious;
   • the seller refuses or says it will not fix it.

Minor defects do not let you cancel the purchase. You can still ask for a repair, a replacement or a lower price.

How to make the claim

Put your claim in writing so you have proof of the date and what you asked for. Keep the receipt or order confirmation, as it shows the delivery date. The checklist below walks you through the steps. The decision below helps you pick a remedy. A message template in Spanish and a guide for refusals are also on this page.

Repair, replace or refund: which remedy to ask for

Which remedy should you ask for: repair, replacement, refund or a lower price?

• Ask for a repair: The fault can be fixed and you are happy to have the same item back. Repair is one of the two first choices and must be free and done in a reasonable time.

• Ask for a replacement: The item is badly flawed, or fixing it would be a poor fix. Replacement is the other first choice, unless it is impossible or disproportionate.

• Ask for a refund or a lower price: Repair or replacement is impossible or disproportionate, the seller has not done it in a reasonable time or without major inconvenience, the same fault comes back, or the seller refuses. A refund needs a fault that is not minor; for a minor fault you can only ask for a price reduction.

Start with repair or replacement. Move to a refund or price reduction only when one of the cases above applies.

Timeline and deadlines

• The guarantee starts on the day the goods are delivered to you: on the delivery date

• The seller must prove the fault was not there at delivery: during the first two years after delivery

• You must prove the fault was there at delivery, but you can still claim: from two years until three years after delivery

Checklist

• Find your delivery date and work out whether the fault appeared in the first two years or later.

• Gather photos, a technician's report or messages showing the fault was there at delivery if more than two years have passed.

• Ask the seller in writing for a repair or a replacement, unless one of them is impossible or disproportionate.

• Ask for a price reduction or a refund if the seller does not fix the fault in a reasonable time or without significant inconvenience.

• Check that the defect is serious enough before you ask to cancel the purchase, because minor defects do not allow it.

What to do when a shop refuses your guarantee claim

The shop must deal with you, not the manufacturer

If staff say "go to the manufacturer", they are wrong. You claim under the legal guarantee from the seller, not the manufacturer. The shop can seek the money back from the manufacturer afterwards, but that is its job, not yours. A manufacturer's own guarantee is a separate extra that you may use if you want to, but you don't have to.

If staff say the guarantee has expired, check the date. The legal guarantee on new goods lasts three years. A fault in a product bought within the last three years is still covered.

What to do at the counter

1. Stay calm and say it clearly. Say you are making a claim under the legal guarantee for a faulty product, and that the seller is responsible.
2. Show proof of purchase. Photograph the defect, the product and its serial number.
3. Ask for the refusal in writing, with the reason. Shops often back down when asked to put it on paper.
4. Ask for the hoja de reclamaciones. Shops selling to consumers must have these forms and must give you one on request. Refusing to hand one over is an infringement in itself. Fill it in and keep your copy.
5. Note the staff member's name, the date and time, and any witnesses.
6. Do not leave the product without a signed receipt (resguardo) that describes the fault. Otherwise you have no proof the shop ever had it.

What to do afterwards

• Send a formal written claim to the seller by burofax or email, repeating what you asked for and why.
• If the shop still refuses, file your copy of the complaint form with your town's consumer office (OMIC) or your regional consumer authority. Some regions, such as Catalonia, Andalucía and Madrid, allow online filing or use their own format, so check your regional authority.
• Expect the authority to mediate, inspect or fine the shop. It does not generally order a refund itself. If the shop agrees, the case can go to consumer arbitration.
• If that fails, the last step is the courts. For a purchase from a seller in another EU country, the European Consumer Centre network can help.

Guarantee claim message in Spanish

Fill in the brackets, delete what does not apply, and send it as described below the message.

Asunto: Reclamación por falta de conformidad – [producto y modelo] – [nº de pedido o factura]

Estimados señores:

El [fecha de compra] compré en [tienda o web] el siguiente producto: [producto, marca, modelo y nº de serie o IMEI], por [importe] €. Me fue entregado el [fecha de entrega]. Adjunto la factura o el justificante de compra.

El [fecha] observé el siguiente defecto: [descripción breve y concreta]. Adjunto fotos [y/o vídeo] que lo muestran.

De acuerdo con el Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios, el vendedor responde de las faltas de conformidad de los bienes nuevos durante tres años desde la entrega, y se presume que las que aparecen en los dos primeros años ya existían en el momento de la entrega.

Por ello, solicito la [reparación / sustitución] gratuita del producto en un plazo razonable. Si no fuera posible, o no se hiciera correctamente, solicito la reducción del precio o la resolución del contrato con devolución del importe pagado.

Ruego que me confirmen por escrito la recepción de esta reclamación y la solución propuesta. De no recibir respuesta, presentaré una hoja de reclamaciones ante la oficina de consumo competente.

Atentamente,
[Nombre y apellidos]
[DNI o NIE]
[Dirección, teléfono y correo electrónico]

Adjunto: [factura o ticket / confirmación de pedido y justificante de pago / fotos / correspondencia anterior]

Before you send it

• Choose the remedy. Ask for repair or replacement first. Price reduction or a refund comes into play only if that is not possible, takes too long or fails, or if the defect is serious.
• Second-hand goods. The periods can be shorter. If you bought second-hand from a business, check your contract and change the legal paragraph to match.
• Attach proof. Add the receipt or invoice, or a bank or card record if the ticket is lost. Include photos of the defect. Photograph or scan thermal tickets before they fade.
• First send. Email the seller, or use its customer-service form, and keep a copy of the message and any reply.
• If there is no reply, or the amount is large. Send the same text by burofax with certified content and acknowledgement of receipt. It proves the date, the exact text and the delivery. It costs tens of euros, so check the current price for the number of pages.
• Private sellers. This message is for goods bought from a business, not from another individual.

Frequently asked questions

What if the fault appears after the first two years?

You can still claim until the end of the three-year guarantee, but you must then prove the fault was already there at delivery. Within the first two years the seller has to prove the opposite. Keep photos, a technician's report or any other evidence that shows the fault is not from wear or misuse.

Can I claim from the manufacturer if the seller refuses?

No, the manufacturer is not directly liable under the legal guarantee, so your claim stays with the seller. The seller who pays can seek the cost back from the manufacturer or others in the chain. If the manufacturer offers its own commercial guarantee, you can claim under its terms directly.

Can I cancel the purchase and get a refund for a minor defect?

No, a minor defect does not allow you to cancel the contract and get a refund. A refund or price reduction is open to you when repair or replacement is impossible or disproportionate, or when the seller fails to fix it in a reasonable time. It is also open when the fault comes back or is serious, or when the seller refuses to remedy it.

Does the two-year presumption apply to second-hand goods?

Yes, but only for the period agreed when the seller shortened the guarantee on second-hand goods. The presumption in your favour runs for that agreed period, not for two years. Check the length in your receipt or contract before you claim.