What are my rights when an online purchase doesn’t match its description or isn’t delivered in Spain?

Question from Tito, What are my rights when an online purchase doesn’t match its description or isn’t delivered in Spain?

Answer from AI:

In Spain, as in many other countries, consumers have certain rights when they purchase goods online. These rights are protected by both national and European Union laws.

Right to Accurate Information

Firstly, under the General Law for the Defense of Consumers and Users (Ley General para la Defensa de los Consumidores y Usuarios), sellers are required to provide accurate and sufficient information about the products they sell. This includes both the product’s description and its images. If the product you received does not match the description or images provided, you may have a right to a remedy.

However, you mentioned that the description was correct but the images were not. In such cases, it might be more complex to determine whether the seller has breached their obligations. This could depend on factors such as how misleading the images were and whether the correct description would have been enough to inform a reasonable consumer about the nature of the product.

Right to Delivery

Secondly, under the EU Consumer Rights Directive, when you buy something online, the seller must deliver it to you within 30 days, unless you agree to a different delivery time. If the seller does not deliver the goods within this time, you have the right to ask for a refund.

In your case, the seller has marked the items as delivered, but you have not received them. If you can prove that you did not receive the items, you may be entitled to a refund or a replacement.

Seeking Legal Advice

Given the complexity of these issues, it may be advisable to seek legal advice. A lawyer can help you understand your rights and guide you through the process of seeking a remedy. They can also help you gather evidence, such as screenshots of the product listing and correspondence with the seller.

Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.

Steps to Take

Here are some general steps you might take if you find yourself in this situation:

1. Document everything: Keep a record of all correspondence with the seller and take screenshots of the product listing.
2. Contact the seller: Explain the situation and ask for a resolution. If the seller refuses, you may need to escalate the issue.
3. Report the issue: If the seller doesn’t resolve the issue, you can report them to the Spanish Consumer Affairs Agency (Agencia Española de Consumo, Seguridad Alimentaria y Nutrición).
4. Seek legal advice: If the issue is not resolved, consult with a lawyer or a consumer rights organization.

Note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a lawyer for legal advice.