Consumer claims in Spain: guarantee, OMIC and arbitration

Since 1 January 2022, the trader is liable for any lack of conformity that appears within 3 years of delivery in the case of goods, and within 2 years in the case of digital content or services (the consolidated text of the Ley de Consumidores y Usuarios, the Spanish Consumer Act, as amended by Real Decreto-ley 7/2021). There is a lack of conformity when the product does not match what was agreed, is not fit for its ordinary use or does not have the advertised quality.

During the first 2 years for goods (1 year for digital content and services) it is presumed, unless proven otherwise, that the defect already existed at the time of delivery. This means it is the company that has to show that the fault was not there from the start, not you. In addition, once the defect appears, you have 5 years to claim.

If a product or service is not in conformity, you can first demand its repair or replacement at no cost. If that route does not solve the problem, is not proportionate or is delayed, you are entitled to a price reduction or to terminate the contract and get your money back. For second hand goods the guarantee period may be agreed at under 3 years, but never less than 1 year. Manufacturers must keep spare parts available for 10 years after they stop making the product.

First step: claim directly to the company. Contact its customer service department by a means that leaves a record (email, a form with a receipt, or a letter), describe the defect and say what solution you are asking for (repair, replacement, price reduction or refund). Keep the invoice or till receipt, the correspondence and photographs of the defect: they are your evidence.

Second step: if the company does not reply or refuses your request, ask for the official hoja de reclamaciones (complaint form) at the premises themselves. Third step: file the claim with the Oficina Municipal de Información al Consumidor (OMIC, the consumer information office run by your town hall) or with the consumer service of your comunidad autónoma (regional government), which will mediate with the company. Fourth step: if mediation gets nowhere, go to consumer arbitration. The courts remain the last resort.

This is the order recommended by the consumer authorities and it is also the one Managora follows. Each step leaves a documentary trail that reinforces the next one, so that if the matter reaches arbitration your file is already complete and well grounded.

The hoja de reclamaciones (official complaint form) is an official document that every establishment and professional selling products or providing services must keep available for customers. Handing it over is compulsory, immediate and free: they cannot refuse it or make it conditional on anything. If the shop refuses to give you one, you can put that on record and call the local police or the consumer service.

The form comes with several carbonless copies. Fill in your details, the company details and a clear description of what happened and of the solution you are claiming. One copy stays with you, another goes to the company and another is filed with the consumer authorities (the OMIC or the regional service). The company must reply to you in writing; the usual deadline is around 10 working days, although it can vary depending on the comunidad autónoma.

Always keep your stamped copy or your proof of filing. It is the evidence that you claimed properly and in time, and it is the basis on which OMIC mediation and any later arbitration request rest.

The Oficina Municipal de Información al Consumidor (OMIC) is a free public service of your town hall that informs consumers and handles their claims. When you file a claim, the OMIC studies the case, mediates with the company, gives a technical assessment of the facts and proposes a solution. It does not impose penalties or issue binding decisions: its role is to bring the parties closer together and settle the dispute by agreement.

The claim must be addressed to the consumer service covering the area closest to your home, normally the OMIC of your municipality or, failing that, the consumer service of the comunidad autónoma. Processing times vary according to each region's rules, so it is worth knowing the one that applies to your case.

If OMIC mediation does not resolve the dispute because the company does not cooperate or does not accept the proposed solution, the file already serves as a record for taking the next step: consumer arbitration.

The Sistema Arbitral de Consumo (the Spanish consumer arbitration system, Real Decreto 713/2024, of 23 July, in force since 13 August 2024, which replaced the earlier Real Decreto 231/2008) is a public procedure, free of charge and with no need for a lawyer, for settling disputes between consumers and companies without going to court. It starts with an arbitration request to the Junta Arbitral de Consumo (the consumer arbitration board). It is advisable to have claimed to the company first, since many companies' terms of membership require it.

Arbitration is voluntary: the company must be a member of the system (it usually displays the official membership sticker) or accept arbitration for that particular case. If it is not a member and does not accept, the request is closed and the court route would remain. When the procedure moves forward, mediation is attempted first and, if there is no agreement, an arbitrator or arbitration panel issues the decision.

That decision, called a laudo (arbitration award), is binding and enforceable for both parties, with an effect equivalent to that of a court judgment. The legal deadline for issuing and notifying the laudo is 90 calendar days from the decision to start the arbitration procedure, extendable by the arbitration body by up to 90 further calendar days in particularly complex cases. The only challenge available against the laudo is an action for annulment, on limited and exhaustively listed grounds, before the Civil and Criminal Division of the Tribunal Superior de Justicia (the High Court of Justice) of the comunidad autónoma where it was issued, within 2 months of being notified.

Managora identifies the right route for your case and drafts the claim on the correct legal basis: the 3 year legal guarantee, the reversal of the burden of proof and the remedy you are entitled to (repair, replacement, price reduction or termination). We prepare the letter to the company, the hoja de reclamaciones and, where appropriate, the consumer arbitration request, and we follow it up for you.

To claim about a faulty product or service under the guarantee, use the service page "reclamación de garantía de consumo" (consumer guarantee claim). To take the dispute to the Sistema Arbitral de Consumo, use the page "reclamación de consumo por arbitraje" (consumer claim through arbitration). You can see the current price of the service on each service page itself.

All you have to do is tell us what happened and send us the invoice or till receipt and your correspondence with the company. Managora takes care of preparing and filing the claim on your behalf and of keeping you informed of the status of your file.