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Spain
Your rights in case of defect products
Directive 1999/44/EC on the sale of consumer goods and associated guarantees has been implemented by Spain.As a result of this legislation, all consumers, who buy goods in Spain have the same to a minimum guarantee of 2 years on products. Within the first six months of purchase, any lack of conformity or defect shall be presumed to have existed at the time of delivery, unless proved otherwise. After the first six months, it is up to the consumer to prove that the lack of conformity existed at the time of delivery.
Within this period of 2 years the consumer is entitled to have the goods brought into conformity free of charge. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, unless this is impossible or disproportionate.
Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods. If this should not be possible the consumer is entitled to ask for a price reduction (smaller defects) or to have the contract rescinded.
Voluntary guarantees given by a producer do not restrict the statutory rights of consumers.
Exchange
Unless goods are faulty, a consumer does not have a legal right to an exchange. It is at the trader’s discretion. Therefore it is important to verify before buying, if the trader allows an exchange, and to obtain a written confirmation – e.g. a note on the original receipt.In bigger and important shops exchange is a common practice although the consumer has to ask for the change within 15 – 30 days after the purchase.
Pricing
The Spanish currency is the euro.The price will have to be unambiguous, and clearly legible and visible.
For security reasons, jewellers, furriers and establishments that sell very expensive products are not obliged to exhibit prices.
The consumer can insist on getting the item for the price indicated on the price tag.
Unless otherwise specified, it is understood that the exhibited price already includes VAT.
The trader must issue a receipt to the consumer and for that reason the consumer should always ask for the receipt. The receipt is the only document that allows the consumer to prove he has acquired the article and, in the event of non-conformity, to pursue a claim.
Tax
On most goods and services a 16% value added tax -VAT (Impuesto sobre el valor añadido - IVA) is charged in Spain.The VAT on foodstuffs (excluding alcoholic beverages) and services is 7%.
The VAT on certain basic foodstuffs (bread, milk, cheese, eggs, fruits, and vegetables) and other products like books, newspapers and magazines, and also medicines, is 4%.
Methods of payment
The most common methods of payment in Spain are cash, credit, and debit cards. Cheques are used to a lesser extent.When paying by credit or debit card, consumers may have to show identity card.
Sales
There are two sales periods, winter and summer.Winter sales take place mainly between January and March.
Summer sales take place mainly between July and August.
Dates and duration vary depending on each autonomous community.
Opening hours
Shops’ general opening hours are:
Monday – Saturday: 09:30 – 13:30 & 17:00 - 20:30Department stores and shopping malls open without interruption from 10:00 – 22:00.
Sunday: closed
Banks’ general opening hours are:
Monday – Friday: 08:30 - 14:00Saturday & Sunday: closed
In some autonomous communities there are branches that open also in the afternoons and on Saturday mornings except the period from April to September.
Post Offices’ general opening hours are:
Monday – Saturday: 08:30 - 14:30.In big cities post offices open without interruption from 08.30 to 20:30.
Sunday: closed
Deposit
There is no deposit on bottles and cans.Generally there is no deposit on plastic bags, although some supermarkets charge a small amount of money for plastic bags.
Tourist information
Tourist information can be found via the following link to the official website for tourism and travel:www.tourspain.es
Status: August 2004
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