The warranty for a product is two years if the purchase is made by an individual and six months if made by a company, as established by Spanish legislation. The seller is initially responsible for processing it, but can in turn claim it from the importer or manufacturer. Problems arise when the seller does not have a tax domicile in a European country. Conversely, products manufactured in Asia and imported by a Spanish company have the same warranty as European ones for the end consumer.
The crux of the warranty issue for a product lies in the fiscal domicile of the company selling it, whether to individual consumers or other companies. Recently, online marketplaces for purchasing in China and distributing in Spain have become popular. For the buyer, the fact that the seller has a warehouse in our country does not imply an obligation to offer the European warranty if the fiscal domicile on the invoice is non-European.
The warranty for a product is the responsibility of the seller, and secondarily, of the manufacturer or importer. Online marketplaces without a tax domicile in our country are exempt from complying with Spanish legislation. Only importing through a company with a registered office in Spain, such as Bull Importer, ensures the ability to claim without complications.
Warranty, a Matter of Fiscal Domicile
Purchasing from an Asian seller that only has a tax domicile in their own country can result in numerous administrative procedures and significant expenses if the product has a manufacturing defect. These types of sellers or distributors are not obligated by European legislation, so it’s not possible to demand a two-year warranty.
Spanish companies importing through online marketplaces with a warehouse in our country would also not be obligated if, as we’ve explained, their fiscal domicile is in Asia. Although this information should appear in both advertising and sales conditions, sometimes it doesn’t. Finding out where the registered office is located in these cases can be complicated. To know the fiscal domicile, before making the purchase, one would have to search online to find the corporate name of the company.
Only if the seller is domiciled in Spain or another EU country will the minimum legal warranty be two years for the end consumer and six months for companies. The seller is responsible for processing the product warranty and assuming shipping costs, if necessary.
When the sale is made with a company located outside the territorial scope of the twenty-seven member states, the warranty applies according to the international agreements that may exist for that specific case.
Although legal intricacies may seem complicated, it’s actually straightforward. Whether to supply their manufacturing line or to sell in stores, a company importing products or components should always rely on a global management company like Bull Importer, which can ensure that consumer rights are protected.
Cross-border purchases, i.e., those made between EU member states, are covered by the same guarantees as indicated by European legislation, as they are not considered imports. Additionally, if the buyer wishes to file a complaint, they have access to the network of European Consumer Centres. These bodies provide free assistance for issues related to purchases in member countries and act as mediators in complaints and claims, including linguistic assistance.
