The main rule
Under article 433 of the Civil Code, an item with no defect is first of all exchanged. The buyer may exchange a non-food item within ten days of the day the seller handed it over, unless the seller announced a longer period. The exchange takes place at the place of purchase or at another place the seller announced. The item is exchanged for the same item of another size, shape, dimension, model, colour or set. If the prices differ, the buyer and the seller settle the difference.
If the seller has no item for the exchange, the buyer may return the item and take back the sum paid.
This rule covers retail sale: under article 425, an entrepreneur seller sells goods for personal or household use, or for other use not connected with business activity.
The conditions
Under article 433, the demand to exchange or return the item is met when:
- the item was not used;
- its consumer properties are kept;
- there is proof that the buyer bought the item from that seller.
Which goods are not returned
The list of goods that are not exchanged or returned is set in the procedure the law establishes. Before you buy, ask the seller whether the item is on that list.
The procedure
Give the seller a written application and keep a copy of it. Do not miss the ten-day limit.
If you lost the receipt
The law asks for proof that you bought the item from that seller. If you lost the receipt, try to confirm the purchase with a bank statement or another document.