Sale of products and services: Returns and refusals
Content
Returning and refusing products and services
Consumers can change their mind after buying a fault-free product or service. They are entitled to ask to return a product or refuse a service, without stating a reason, provided that certain conditions are met. Although this right exists, it does not apply in all circumstances and depends on the place where the contract was concluded.
Sales in commercial outlets
Unless they are defective, there is generally no statutory right to return products (to exchange them for others or to obtain a refund of the amount paid) bought in a commercial outlet. Nevertheless, many commercial outlets are willing to allow customers to return or exchange products during a fixed period, on submission of the receipt for the purchase. To do this, it is necessary to provide evidence of the purchase, or check the outlet’s policy on returns.
Remote sales, or sales outside commercial outlets
In remote sales (online, by telephone, from a catalogue, etc.), or sales outside commercial outlets (a salesperson comes to your home, on a trip, etc.), the buyer has a period of 14 calendar days to return the product and obtain a full refund.
The 14-day cooling-off period does not apply to certain products, including: flight and train tickets, concert tickets, hotel reservations, vehicle hire reservations; home deliveries of food and beverages (e.g. supermarket deliveries); items made to measure or customised (e.g. a bespoke suit); pre-sealed audio, video or computer software media (e.g. DVDs) which have been opened; online digital content, if you have already begun the download or live streaming and agreed that, by doing so, you forfeit your right to withdraw; products bought from private individuals and not from businesses or professional salespeople.
The cooling-off period ends 14 days after the date of receipt of the products. The cooling-off period under service contracts ends 14 days after the date of entering into the contract. If the cooling-off period ends on a non-working day, the period is extended to the next working day.
How to cancel purchases
A consumer wishing to cancel a purchase must notify the seller accordingly before the cancellation period expires.
For remote sales, or sales outside commercial outlets, the seller must provide the buyer with a cancellation form to be used (if so wished) to notify of the decision to cancel.
The consumer has 14 days from the seller’s notification to return the products.
The consumer alone must meet the direct costs of returns, unless the provider offers to meet them or has not informed the consumer of this obligation to pay the return costs.
How to obtain a refund
The seller must refund the amount paid within 14 days of receipt of the cancellation request. The provider can nevertheless postpone the refund if the products have not been returned, or there is no proof of their return.
The refund must cover the whole price, including any despatch costs paid at the time of purchase. It must be refunded using the same means of payment as that used in the original sale.
Information for each Autonomous Community
Andalucía Aragón Asturias, Principado de Balears, Illes Canarias Cantabria Castilla y León Castilla-La Mancha Cataluña Ciudad de Ceuta Ciudad de Melilla Comunitat Valenciana Extremadura Galicia Madrid, Comunidad de Murcia, Región de Navarra, Comunidad Foral de País Vasco Rioja, La
Legal and/or technical references
- Articles 114 and 127 and Annex I of Royal Legislative Decree 1/2007 of 16 November adopting the recast text of the General Law on the Protection of Consumers and Users and other supplementary legislation.
- Directive 2011/83/EU of the European Parliament and of the Council, of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
- Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules.