Unfair terms and pressure selling

After reading, you should be able to recognise an unfair term or a high-pressure sale, and know how to refuse or cancel.

Start with "Reading a Spanish consumer contract before you sign". It shows you how to check the key terms of a Spanish-language contract, and that skill helps in every other situation here.

From there, choose what fits your situation:

• "Unfair contract terms (cláusulas abusivas) and small print" for challenging clauses you think are unfair.
• "Doorstep sellers (venta a domicilio): alarms, energy and charity" for saying no at your door and cancelling contracts signed at home.
• "Cold calls and phone sales: what you can refuse and cancel" for sales calls and verbal contracts.
• "Timeshare, holiday clubs and free-gift presentations in Spain" for avoiding or leaving these sales.

Key rules

• Withdrawal period: You have 14 calendar days to withdraw from a contract signed at your door, by phone or in a timeshare sale, with no reason and no penalty.
• Refund time: After you withdraw, the trader must refund you within 14 calendar days of being told, using the same payment method.
• Timeshare payments: A timeshare or holiday-club seller cannot take any deposit or advance payment during the withdrawal period.
• Verbal yes: If a trader phones you, a verbal yes alone does not bind you until you confirm in writing on a durable medium.
• Burden of proof: If a business claims a clause was negotiated, it must prove it.
• Effect: A void clause is treated as never included, and the rest of the contract normally continues.

Unfair terms and pressure selling: the whole process, step by step

• Before you sign anything, ask for a copy of the contract or terms and read them (Reading a Spanish consumer contract before you sign): before you sign

• Check whether the sale falls outside the shop, such as at your door, by phone or on a sales excursion, and whether the contract is excluded from withdrawal (Doorstep sellers (venta a domicilio): alarms, energy and charity): before you sign or as soon as you suspect pressure selling

• Get a signed copy or written confirmation on paper or by email; for phone sales, confirm in writing (Cold calls and phone sales: what you can refuse and cancel): when the contract is concluded, and for distance sales at the latest at delivery or before the service starts

• Start the withdrawal clock: for services it runs from the day the contract is concluded, for goods from the day you receive them: 14 calendar days from that day

• Send your withdrawal in writing, with no reason needed (Doorstep sellers (venta a domicilio): alarms, energy and charity): within 14 calendar days

• For timeshare or holiday-club contracts, withdraw in writing before the period ends (Timeshare, holiday clubs and free-gift presentations in Spain): 14 calendar days from signing or receiving the contract, whichever is later

• Return any goods and expect your refund: return goods within 14 days of notifying withdrawal; the trader refunds within 14 calendar days of being told

• If the trader missed the withdrawal information, you may have longer to withdraw: for off-premises and distance contracts, up to 12 months more

• If you are past the deadline, challenge an unfair clause: write to the trader, then the municipal consumer office, then consumer arbitration or court (Unfair contract terms (cláusulas abusivas) and small print): after the withdrawal period, starting with a written claim

• To leave an existing timeshare, send a formal demand (burofax) and then file a court claim for nullity (Timeshare, holiday clubs and free-gift presentations in Spain): after the withdrawal period has passed

Documents you may need

• A formal demand by burofax to the company — Timeshare, holiday clubs and free-gift presentations in Spain

• A signed copy of the contract — Timeshare, holiday clubs and free-gift presentations in Spain, Reading a Spanish consumer contract before you sign

• The written contract — Timeshare, holiday clubs and free-gift presentations in Spain

• Your written notice of withdrawal — Timeshare, holiday clubs and free-gift presentations in Spain

Unfair terms and pressure selling: questions that cross several articles

Do I always have 14 days to cancel a contract signed away from the shop?

No, you have 14 calendar days to withdraw from most contracts signed at your door or by distance, but some contracts are excluded. Excluded ones include personalised goods, sealed hygiene goods once opened, and off-premises contracts of 50 euros or less. Read Doorstep sellers (venta a domicilio): alarms, energy and charity and Cold calls and phone sales: what you can refuse and cancel.

When does the 14-day withdrawal period start?

The 14 days start on the day the contract is concluded for services, and on the day you receive the goods for sales of goods. If you get several items separately, they run from the last one. See Doorstep sellers (venta a domicilio): alarms, energy and charity for the full steps.

How fast must the trader refund me after I withdraw?

The trader must refund you within 14 calendar days of being told, using the same payment method and with no fee. For goods, it may wait until it has the goods back or you prove you sent them. Doorstep sellers (venta a domicilio): alarms, energy and charity covers return costs.

What can I do if the withdrawal period has already passed and the contract has an unfair clause?

You can still challenge the clause: write to the trader, then complain to the municipal consumer office, then use consumer arbitration if the trader has joined it, or go to court. Since 2025 you usually need an out-of-court attempt to settle before a civil claim.