Return and Refund Policy Spain (Política de Devolución)

A Return and Refund Policy Spain (Política de Devolución y Reembolso) is a mandatory legal document for Spanish retailers and e-commerce operators that sets out the consumer's right to withdraw from a purchase, the procedure for returning goods or cancelling services, and the timeline and method for receiving a refund — governed by the Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU), as substantially reformed by Ley 3/2014, de 27 de marzo, which transposed the Directiva 2011/83/UE sobre los derechos de los consumidores into Spanish law.

The cornerstone right for Spanish consumers purchasing online or off-premises is the derecho de desistimiento (withdrawal right) under Articles 68 through 79 of the TRLGDCU, as amended. Article 102 TRLGDCU establishes that the consumer has a minimum period of 14 calendar days (días naturales) from receipt of goods — or from contract conclusion for service contracts — to withdraw from the contract without giving any reason and without incurring any penalty beyond the direct cost of returning the goods, where the trader has so informed the consumer. Where the trader fails to inform the consumer of the withdrawal right, the period extends to 12 months after the standard 14-day period expires, under Article 105 TRLGDCU.

The Directiva 2011/83/UE and its Spanish transposition through Ley 3/2014 established a harmonised withdrawal period across the EU, replacing the prior 7-day period under Directiva 97/7/CE. Article 106 TRLGDCU specifies the formal requirements for exercising the withdrawal right — the consumer may use the modelo normalizado de desistimiento (standard withdrawal form) provided in Annex B of the TRLGDCU, or communicate the decision by any unequivocal means. The trader must process the refund within 14 calendar days of receiving the withdrawal notification, using the same payment method as the original transaction under Article 107 TRLGDCU, unless the consumer expressly agrees to a different method.

Article 108 TRLGDCU allows the trader to withhold the refund until the goods have been received back or proof of return dispatch is provided, if the trader did not offer to collect the goods. The trader may deduct value from the refund if the goods have been handled beyond what is necessary to establish their nature, characteristics, and functioning — this codifies the EU standard that the consumer may inspect goods in the same way as in a physical store, but excessive use (e.g. wearing clothing outdoors rather than just trying it on) may reduce the refundable amount.

Beyond the statutory withdrawal right, the Política de Devolución must also address defective goods claims under Articles 114 through 127 TRLGDCU — the consumer has a minimum two-year legal guarantee (garantía legal) for defective goods under Spanish law (recently extended to three years for goods purchased after 1 January 2022, following transposition of Directiva (UE) 2019/771). The trader is liable for conformity defects that existed at the time of delivery, and the consumer may demand repair, replacement, price reduction, or contract termination depending on the severity and recurrence of the defect.

A Return and Refund Policy Spain is legally required for all traders selling to consumers in Spain through distance channels or off-premises, and is strongly recommended for all physical retailers.

A Política de Devolución is required for all e-commerce operators (tiendas online) selling to Spanish consumers under Article 97 TRLGDCU, which mandates pre-contractual information including the withdrawal right and return procedure. Without this information, the consumer's 14-day withdrawal period extends to 12 months.

The policy is required for any business selling through Amazon Spain, eBay Spain, Etsy, or other marketplace platforms, since marketplace operators are subject to TRLGDCU obligations and may require sellers to maintain a compliant returns policy as a condition of platform participation.

A Política de Devolución is needed for subscription box services, software subscriptions, and digital content providers — Article 103 TRLGDCU lists specific exclusions from the withdrawal right (including digital content once download begins with consumer consent, and bespoke goods) which must be disclosed in the policy to be enforceable.

The policy is required for businesses selling through social media channels (Instagram Shopping, Facebook Marketplace, TikTok Shop) to Spanish consumers — social commerce transactions to consumers are subject to the same TRLGDCU protections as traditional e-commerce.

A Política de Devolución update is needed when the business changes its logistics (e.g. who pays return shipping), when new product categories with different return implications are added, or when the business starts selling digital goods subject to the exclusions under Article 103(m) TRLGDCU. Physical retailers, while not subject to the mandatory 14-day withdrawal right for in-store purchases, benefit from a written policy to manage customer expectations and reduce disputes.

Parties in Spain should prepare a Return and Refund Policy Spain (Política de Devolución) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Ley de Sociedades de Capital (LSC) RDL 1/2010, the Registro Mercantil maintains the register of Spanish companies. The Código de Comercio 1885 governs commercial obligations. The Agencia Estatal de Administración Tributaria (AEAT) administers Impuesto sobre Sociedades (IS) under Ley 27/2014. The Comisión Nacional de los Mercados y la Competencia (CNMC) enforces competition law. The Código Civil governs general contractual obligations under Article 1255. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Return and Refund Policy Spain under TRLGDCU must contain the following essential elements to comply with Ley 3/2014 and satisfy AECOSAN (Agencia Española de Consumo, Seguridad Alimentaria y Nutrición) and regional consumer protection authority standards.

Withdrawal Period: A clear statement that consumers have 14 calendar days to withdraw from a distance or off-premises contract without giving any reason, under Article 102 TRLGDCU. The period starts from: receipt of goods (for goods contracts); conclusion of the contract (for service contracts); or receipt of the last item (for multiple items ordered together).

Withdrawal Procedure: The method by which the consumer may exercise the withdrawal right — email, written notice, or completion of the modelo normalizado de desistimiento. The trader must acknowledge receipt of the withdrawal without delay. Contact details for returns (email, postal address, telephone) must be provided.

Return Shipping: Whether the consumer or the trader bears the cost of return shipping. Under Article 108 TRLGDCU, the trader bears return shipping costs if it failed to inform the consumer that return costs are borne by the consumer — so the policy must expressly state who pays. If the consumer bears the cost, an estimate of the cost should be provided where possible.

Refund Timeline and Method: The trader must process the full refund — including original delivery costs — within 14 calendar days of receiving the withdrawal notification, under Article 107 TRLGDCU. The refund must use the same payment method as the original transaction unless the consumer agrees otherwise. The trader may withhold the refund until the goods are received or evidence of return dispatch is provided.

Value Deduction for Excessive Use: The trader may reduce the refund if the consumer has handled the goods beyond what is necessary to inspect their nature, characteristics, and functioning. The policy should state this clearly to manage consumer expectations.

Exclusions from Withdrawal Right: Article 103 TRLGDCU lists products and services excluded from the 14-day withdrawal right. Key exclusions include: personalised or custom-made goods; perishable goods; sealed goods opened after delivery (hygiene or health reasons); digital content with download begun with consumer consent; accommodation, transport, car hire, and catering for specific dates. The policy must list all applicable exclusions to the business's product/service range — unexplained exclusions may not be enforceable.

Legal Guarantee (Garantía Legal): A statement of the consumer's two-year (or three-year for purchases after 1 January 2022) legal conformity guarantee under Articles 114 to 127 TRLGDCU, explaining the consumer's right to repair, replacement, price reduction, or termination for defective goods.

Contact Details: Name, registered address, NIF, and contact email of the business — required under LSSI Article 10 for all e-commerce businesses operating in Spain. Forms-legal.com provides this Return and Refund Policy Spain template as a practical starting point. Consumer protection in Spain is enforced by the AECOSAN at national level and by autonomous community consumer agencies (OMIC — Oficinas Municipales de Información al Consumidor) at regional level.

Under Spanish consumer protection law, the TRLGDCU (RDL 1/2007 as amended by Ley 3/2014) governs consumer contracts and withdrawal rights. The AECOSAN enforces consumer legislation. The Directiva 2011/83/UE harmonises withdrawal rights across the EU. The Directiva (UE) 2019/771 extended conformity guarantees. Regional consumer agencies in all comunidades autónomas enforce local consumer protection.

Additional compliance elements for a Return and Refund Policy Spain (Política de Devolución) used in Spain include: Under the Ley de Sociedades de Capital (LSC) RDL 1/2010, the Registro Mercantil maintains the register of Spanish companies. The Código de Comercio 1885 governs commercial obligations. The Agencia Estatal de Administración Tributaria (AEAT) administers Impuesto sobre Sociedades (IS) under Ley 27/2014. The Comisión Nacional de los Mercados y la Competencia (CNMC) enforces competition law. The Código Civil governs general contractual obligations under Article 1255. Forms-legal.com provides this template as a starting point for Spain-compliant documentation.