Commercial
I Bought Something That Turned Out Defective: What Can I Demand, and How Do I Complain?
Every product carries a legal warranty of at least thirty business days. Here is what you can demand and how to complain to the National Consumer Commission.
Translated from the Spanish original. If there is any discrepancy between the two versions, the Spanish text prevails. Read the original in Spanish.
You buy a refrigerator, and three weeks later it stops cooling. The store tells you the repair will take “as long as it takes” and that there are no refunds. Or a salesperson comes to your home, offers you a set of cookware at a “today only” discount, and the next day you change your mind. These situations are governed by the Law on the Promotion of Competition and Effective Consumer Protection (Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor), Law No. 7472, and its regulations, Executive Decree No. 37899.
Does everything I buy come with a warranty?
Yes. Every good sold and every service provided carries an implied warranty, one that exists even if nobody writes it down (Article 43). It covers the nature, quality, and usefulness normally expected of the product (Article 46 of the regulations).
The minimum term is thirty business days from delivery of the good or performance of the service; a longer term offered by the business prevails (Article 47 of the regulations). For durable goods, such as appliances or vehicles, the warranty must be in writing, on the label, in a separate document, or on the invoice (Article 48 of the regulations), stating its scope, duration, guarantor, and how to enforce it (Article 43). For hidden defects, the term runs from discovery of the damage (Article 43).
Advertising is also binding: whatever the business advertises, through any medium, becomes part of the contract (Article 34).
What can I demand if the product turns out defective?
During the warranty, the consumer is entitled, as appropriate, to a refund, an exchange for an item with equal or better features, or a free repair (Article 51 of the regulations).
The repair covers parts and labor at no cost and cannot take more than fifteen calendar days. If, exceptionally, more time is needed, the business must prove it and lend you a similar item. Before repairing, it must give you a diagnosis stating the condition of the item and the cause of the damage. If the same fault reappears afterward, it must replace the item or refund the money (Article 52 of the regulations).
The business, not you, must prove that it delivered the warranty and that the product was in good condition (Article 53 of the regulations).
The merchant must also disclose the price and features of the product clearly and in Spanish (Article 34), and warn you before the sale if it is used, rebuilt, or defective; otherwise, the item is considered new and in perfect condition (Article 39).
What if I bought at home and changed my mind?
In door-to-door sales, meaning those made outside the business’s premises, the consumer has a right of withdrawal (derecho de retracto): you can undo the purchase without liability within eight days after the sale (Article 40). The regulations count it in business days and require written notice to the seller, with proof of sending (Article 72 of the regulations). The business then has eight calendar days to refund what you paid. The same applies to online purchases, where the withdrawal is made through the same channel used for the purchase (Article 75 of the regulations).
There are exceptions, such as consumable or perishable products that have already been used and goods made to order or imported by special order (Article 77 of the regulations).
How do I file a complaint with the National Consumer Commission?
First, complain to the business in writing. If it does not resolve it, you can file a complaint with the National Consumer Commission (Comisión Nacional del Consumidor) of the Ministry of Economy, Industry and Commerce. The complaint does not require an attorney or an authenticated signature, and can be filed at www.consumo.go.cr or in person (Article 56 of the law and Articles 87 and 88 of the regulations). It must include the details of both parties, the facts with their dates, and the invoice (Article 89 of the regulations).
Before the formal proceeding, the law provides for a conciliation hearing between the parties (Article 55). Failing agreement, the Commission may order a refund or return of the product, or set a deadline to repair or replace the item (Article 53), and fine the business (Article 57).
The right to file a complaint expires six months after the event or after it became known (Article 56). Compensation for damages must be claimed in court (Articles 46 and 53).
Practical recommendations
- Keep the invoice and the warranty document. They are your main evidence.
- Complain in writing and ask for the diagnosis. Note the dates you handed over the product and got it back.
- Do not accept endless repairs. After fifteen calendar days without a repair or a loaner item, you can ask for a replacement or a refund (Article 52 of the regulations).
- Keep track of the deadlines. Eight days for withdrawal in door-to-door sales and six months to file a complaint.
Need help?
If the amount is significant, it is wise to prepare your evidence from the first complaint. At Murillo y Guzmán we can draft your complaint, assist you with your filing before the National Consumer Commission, and, if appropriate, take the case to court. Book a consultation.
This article is for informational purposes only and does not constitute legal advice for any specific case. To discuss your situation, book a consultation.