We are often asked to help out clients who are having problems getting domestic appliances or cars repaired under guarantee, and this is one area where it always pays to know your legal rights and how to protect them.

In Spain guarantees to consumers are regulated by the Ley de Garantias which came into force on 11^th September 2003.  The law relates to goods bought for private use from a retailer.  Items bought from private individuals, or for business use, or at auction are not covered by this law.  It does not apply to services or land and buildings.

It may seem obvious, but always keep the receipt for your purchase and take the trouble to ask the retailer for a “factura”- an invoice.  Also, make a separate note of the model and serial number so that you have this information to hand when should  you need to make a claim on the guarantee.   This is especially important with electrical goods as models can change frequently.   Also resist the temptation to try and repair the item yourself as this could release the dealer from their responsibilities towards you.

Products bought new from retailers must be guaranteed for 2 years and second-hand goods, including cars, must be guaranteed for 1 year.   Products must be fit for their purpose under normal conditions of use as set out in advertising or the instruction manual. 

The guarantee must cover parts, labour, and call-out charges.  In addition, while you are waiting for a repair or a replacement, the guarantee period is suspended, and restarts when your item is replaced or returned to you.

If it turns out that a new product does not live up to the claims made for it you can choose either to return it to the retailer and obtain a replacement, or have it repaired, provided that the cost of repair is not disproportionate to the original cost of the item.  Importantly, with second-hand goods you do not have the right to demand a replacement, only a repair.

It is your responsibility to report any fault to the retailer within 2 months of the fault occurring. 

If the fault occurs within the first 6 months after the purchase of the product, the law presumes that product was defective when it was sold, the retailer cannot refuse to replace or repair the product.  If the retailer tries to wriggle out of their obligations you should demand a “hoja de reclamacion” – a complaint form.

If the fault occurs after the initial 6 month period it is your responsibility to show that the product was defective and that the fault was not caused by misuse of the item.

If the item is repaired under guarantee, the repair is itself guaranteed for 6 months and if it fails again for the same reason you can have the right either to have the item repaired again, provided that the cost of repair is not disproportionate to the original cost, or to have a reduction in the price, or to return the product and obtain a refund of the price paid.

Second-hand cars bought from a dealer are subject to the Ley de Garantias are must be guaranteed for 1 year.  There are a number of car-lots operating which display many cars offered for sale by private individuals.  A second-hand car sold in this way is a private sale and is not covered by the 1 year guarantee.

In an effort to foster customer goodwill, many retailers offer guarantees which go beyond the legal minimum, but as with many things in life you “pays your money and takes your choice”.