When we sell or buy something in Spain, we always do so with the conviction that the product we are selling or buying meets all the quality requirements. Well, let us bear in mind that the law has just increased the guarantee period for the consumer.
In order to avoid conflicts, the General Law for the Defence of Consumers and Users, which has now been amended to adapt it to the European Directive (EU) 2019/771 of 20 May 2019.
It will be on 1 January 2022 when these modifications will come into force, among which the following should be highlighted:
- That the legal guarantee is increased from 2 to 3 years and maintained at 1 year for second-hand goods.
- That the obligation for the manufacturer to have replacement parts available from the date on which the product in question ceases to be manufactured is extended from 5 to 10 years.
This warranty covers manufacturing defects and customer complaints when the customer believes the product is not of expected quality, but does not cover defects caused by misuse.
In the case of second-hand goods, it now becomes an obligation to expressly state that the buyer is aware of the condition of the purchased product.
Let us also bear in mind that the seller is liable to the customer. If this means that the seller has to pay any costs, the seller can also claim from the manufacturer within one year, as already stipulated in the law.
If the product is defective, the customer has the choice between demanding repair or replacement. The seller may object to the chosen option if it is impossible or would entail disproportionate costs, for example, if a small repair could already solve the problem.
Perhaps one of the most important changes is the burden of proof.
In the case of a complaint about a defective product, the period during which the seller has to prove otherwise is increased from 6 months to 2 years.
However, after the first two years of warranty, it will be up to the consumer to prove that the defect existed at the time of purchase.
At Confialia we keep abreast of all the new developments that may affect our clients' day-to-day business, with a special focus on the Balearic Islands: Mallorca, Ibiza, Menorca and Formentera. One of our objectives is to make the regulations that affect them clear and intelligible, always seeking arguments that allow us to establish interpretations that help business growth.
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