Does the guarantee cover me if a defective product causes me damage?

Question

José Manuel Alburquerque · Accepted Answer

Partly. The legal guarantee requires the shop to repair or replace the product free of charge and, if that is not possible or it does not do so within a reasonable time, to reduce the price or refund your money. If the product has also caused damage, such as a burn or a fire in the kitchen, the law also allows you to claim from the shop for the damage resulting from the defect. You can likewise claim for it from the manufacturer under the rules on liability for defective products, which do not require you to have bought from it or to prove that it was at fault. Both routes can be used at the same time. What the guarantee covers The shop is liable for defects that appear within three years of delivery of the product. For second-hand products the periods may be shorter. If the defect appears within the first two years, it is presumed to have existed when the product was delivered to you and you do not have to prove it. If it appears later, you will have to show that it was there from the outset. You can ask for it to be repaired or replaced. If that is not possible or it is not done within a reasonable time, you can ask for a price reduction or return the product and get back what you paid. The commercial guarantee offered by the manufacturer or the shop, if there is one, is added to the legal guarantee and does not reduce it. Spain's national consumer protection law allows five years to claim from when the defect appears. The “Código Civil de Cataluña”, the Catalan Civil Code, which also governs this guarantee, allows three, so in Catalonia the prudent course is to claim within those three years. Damage caused by the product For harm to people or damage to other property, there are two routes: Against the shop, if you bought the product from it. Consumer protection law gives you the right to be compensated by the shop for the damage resulting from the defect, in accordance with the general rules of contract law. Against the manufacturer or the importer, under the rules on liability for defective products. People who did not buy the product, such as a relative or a guest, can also claim. This route does not cover the product itself, which is a matter for the guarantee. For damage to other property, 500 euros is deducted. You have three years from the damage to claim, subject to a limit of ten years from when the manufacturer placed that product on the market. If the defect appears after the three years of the guarantee have passed and causes damage, you can no longer ask for the product to be repaired, but you can still claim for the damage from the manufacturer within those time limits. What you should do Notify the shop in writing as soon as you notice the fault and keep the receipt or the invoice. Do not repair or throw away the product or anything it has damaged without first taking photos and, if the damage is significant, without having a technician look at it. If the shop or the manufacturer takes the product away to examine it, ask for a written acknowledgement describing the condition in which you hand it over. If the shop does not deal with your complaint, before bringing a claim in court the law requires an attempt to reach an agreement, for example through a written proposal to negotiate or mediation.