Consumer Guarantees and Repairs

 

What are your legal rights for getting appliances and cars replaced or repaired under guarantee?   In Spain, goods bought for private use from a retailer must be guaranteed.  This does not apply to items  bought from private individuals, or for business use, or at auction nor to services or land and buildings.

Always keep your receipt and take the trouble to ask “factura”- an invoice.  Also, make a separate note of the model and serial number so that you have this information to hand if you need to make a claim on the guarantee.   This is especially important with electrical goods as models can change frequently.   Never try to repair the item yourself as this could invalidate the guarantee.

Appliances bought new must be guaranteed for 2 years and second-hand goods, including cars, must be guaranteed for 1 year, and must be fit for their purpose under normal conditions of use. 

The guarantee must cover parts and labour.  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 an item is not fit for its purpose you can choose either to return it to the retailer and obtain a replacement, or have it repaired, unless cost of repair is disproportionate to the original cost.  With second-hand goods you only have the right to demand a repair.

You must report any fault to the retailer within 2 months of the fault occurring. 

If the fault occurs within 6 months after purchase, the law presumes that a new item was defective when it was sold, and the retailer cannot refuse to replace or repair the product.  If the fault occurs after 6 months it is your responsibility to show that the item was defective.

If the item is repaired under guarantee, the repair is itself guaranteed for 6 months.   If the fault happens again for the same reason you have the right either to have it repaired again, unless the cost of repair is not disproportionate to the original cost, or to have a reduction in the price, or to return it and get a full refund.

Used cars bought from a dealer must be guaranteed for 1 year.  There are a number of car-lots operating which display many cars offered for private sale.  A used car sold in this way is a private sale and is not covered by this rule.

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”.