The three-year legal guarantee for online shops in Spain: what it covers and who pays

A customer writes because the product they bought two years ago has stopped working. Do you have to respond? If they are a consumer and the product was new, very probably yes. Since the reform made by Real Decreto-ley 7/2021 (Spanish Royal Decree-Law 7/2021) to the consolidated text of the General Law for the Protection of Consumers and Users (Real Decreto Legislativo 1/2007, Royal Legislative Decree 1/2007, the main Spanish consumer protection law), the legal guarantee for goods sold to consumers in Spain is three years from delivery. It used to be two.

This article sums up the essentials for an online shop. It is not a substitute for legal advice: if you have a specific case with doubts, get it checked.

What the legal guarantee of conformity is

It is the seller's responsibility to ensure that what they deliver is in conformity with the contract: that it matches the description, is fit for the normal use of that type of product, has the quality and performance that can be expected and comes with the accessories and instructions it should include. If it is not, there is a lack of conformity, and the seller is liable for it.

Three ideas worth being clear about:

• The seller is liable, that is, your shop. You cannot send the customer to the manufacturer as the only route, although in certain cases the consumer may also turn to the producer.
• It does not depend on what you put in your terms. It is a consumer right that cannot be reduced by contract.
• It is not the same as a commercial guarantee, which is voluntary and is added to the legal one, never replacing it.

Time limits: what changed with the reform

• New goods: three years from delivery, for those sold after the reform came into force on 1 January 2022.
• Digital content and services: they have their own regime, with different time limits depending on whether they are supplied once or continuously. If you sell software, downloads or digital subscriptions, check it separately.
• Second-hand goods: a shorter period can be agreed, but not less than one year from delivery.

In addition, for a period after delivery the lack of conformity is presumed to have existed when the product was delivered, and it is the seller who would have to prove otherwise. After that period, the burden of proof shifts. In practice, the closer to the purchase the fault appears, the harder it is to dispute.

What the customer can ask for, and in what order

1. Repair or replacement. The consumer chooses between the two, unless the chosen one is impossible or would involve disproportionate costs compared with the other.
2. A price reduction or termination of the contract (returning the product and getting the money back), when repair or replacement is not possible, is not carried out within a reasonable time, causes significant inconvenience to the consumer or the lack of conformity is serious. Termination does not apply if the lack of conformity is minor.

Repair or replacement must be free of charge for the consumer: no shipping, labour or materials costs, and within a reasonable time.

Who pays for shipping

For an online shop, this is the million-dollar question. If there is a lack of conformity, the costs of remedying it are borne by the seller, including the cost of shipping the product for repair or replacement. You cannot charge the customer for collecting a defective product under guarantee.

What you can do is organise how it is done: provide a shipping label, ask for photos or a video before collection, or specify the drop-off point. As long as it does not cause the customer significant inconvenience, it is reasonable.

Guarantee, withdrawal and commercial returns: do not mix them up

The common mistake is to treat everything as a «return» with the same form and the same conditions. A customer with a defective product after eight months is not withdrawing: they are exercising the guarantee, and you cannot apply to them either the time limit or the costs of withdrawal.

A typical case

A small appliance shop receives a coffee maker that stops heating after fourteen months. Its policy says «manufacturer's guarantee: two years, contact the technical service». The customer calls the manufacturer, who asks for the receipt and takes weeks. In the end, they claim against the shop. The shop, which thought it was not its responsibility, has to handle the repair anyway, pay the shipping and also deal with a customer who is already annoyed. Had it collected the product from the start and handled the repair with the manufacturer itself, the financial outcome would have been the same and the customer would have bought again.

Referring the customer to the technical service can be a convenient route if they prefer it, but you cannot impose it as the only one.

How to organise it in the shop

• Explain it in your terms of sale: that the legal guarantee exists, how it is exercised and whom the customer should contact.
• Separate the reasons in the return form: change of mind, defective product, shipping error, damage in transit.
• Ask for the information you need to assess it: description of the fault, photos, order number.
• Keep the history of each case: what was requested, what was decided and when.
• Agree with your suppliers how guarantees are passed on to you. You are liable to the customer for three years; make sure your supplier is liable to you on similar terms.
• Review your texts if they predate 2022. Many shops still say «two-year guarantee».

How to solve it in PrestaShop

RKR Devoluciones adds a portal to the shop where customers open their return from their account, or with their order number and email if they bought as a guest, choosing line by line what they are returning and why, with specific reasons and photos. You manage the cases from an inbox with filters by status, legal regime, amount and age, with approval rules, credit slip or voucher and the history of who did what. The module configures your commercial policy, not withdrawal or the legal guarantee, and it never makes up a time limit: if you have the right of withdrawal module, it asks it for the legal time limit of each line, and if not, it warns you in the back office. It is not legal advice.