Online Order Not Arriving in Spain: Your Legal Rights

🇪🇸 Read the original in Spanish

You click, enter your card details, receive the confirmation email, and the wait begins. However, as the days pass, the estimated delivery date comes and goes, and the package you bought with such excitement (or need) is nowhere to be found. Buying online has become an everyday activity in Spain, but when an online order does not arrive, frustration and legal uncertainty usually follow immediately. As a consumer within the framework of Spanish e-commerce, you are not unprotected: the law grants you a series of very clear rights and instruments to recover your money or demand compliance with the contract.

The Legal Framework in Spain: What Does the Law Say If Your Package Does Not Appear?

E-commerce in Spain is not a lawless territory. When we buy online from a company, we are protected by a solid regulatory umbrella. The fundamental regulation governing these situations is 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 (General Law for the Defence of Consumers and Users, hereinafter the Consumers and Users Law). Likewise, the Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico (LSSI) (Law on Information Society Services and Electronic Commerce) regulates the obligations of service providers operating on the internet.

Below, we break down the most important substantive rules you need to know:

The maximum delivery period by law

Unless you have agreed on a specific date or time frame with the seller (for example, "delivery within 48 hours" or "before December 15th"), the law establishes a default limit. According to Article 109 of the Consumers and Users Law, the business owner must execute the order no later than 30 calendar days from the day following the conclusion of the contract.

Non-execution of the contract due to unavailability of the goods

If the online shop cannot fulfill the contract because the product is no longer available (for example, due to a stockout), the seller is obliged to inform you of this lack of availability immediately. In this case, you must be able to recover the sums you have paid as soon as possible.

The right to a refund of double the amount paid for unjustified delay

This is one of the most powerful and, at the same time, least-known rights among consumers in Spain. Article 110 of the Consumers and Users Law determines that, in the event of non-execution of the contract by the business owner due to the goods or services being unavailable, if there is an unjustified delay in returning the sums paid, the consumer may claim to be paid double the sum owed. Furthermore, if the delay results in greater damages, the consumer will have the right to be indemnified.

Transport liability: Whose fault is it if it gets lost?

A very common mistake made by online shops is to wash their hands of the matter and redirect the customer to the courier company (Correos, SEUR, MRW, DHL, etc.). Legally, this is inadmissible. Article 66 ter of the Consumers and Users Law regulates the transfer of risk. The risk of loss or damage to the goods is transferred to the consumer only when the consumer (or a third party indicated by them, other than the carrier) has acquired physical possession of the goods.

Therefore, if the carrier loses the package before delivering it into your hands, the seller remains responsible to you. It is the seller who must file a claim with the transport company, not you.

Practical Steps: How to Claim Your Order Step-by-Step

If your online order has been delayed or lost in shipping limbo, do not sit idly by. Follow this orderly procedure to ensure the success of your claim:

Step 1: Check the shipping status and agreed deadlines

Before initiating any formal claim, review the purchase confirmation email and the terms of sale. Verify the delivery deadline promised to you and locate the tracking number on the courier company's website to check where the package is physically located.

Step 2: Amicable written complaint to the seller

Get in touch with the online shop's customer service department. It is essential that you leave a written record (email, web form with a copy sent to your email, or chat with a saved transcript).

• Identify your order number.
• Point out that the delivery deadline has expired.
• Request a clear solution: an immediate new delivery date or the termination of the contract with a refund of your money.

Step 3: Granting an additional period (if applicable)

If the delay is not critical, you can grant the seller an "additional period appropriate to the circumstances". If the seller also fails to deliver within this new period, you have the full right to terminate the contract.

Step 4: Formal prior demand (Burofax or certified notification)

If the company ignores your emails or stalls without returning your money, you must send a formal demand. The most secure method in Spain is the burofax (a certified mail service with proof of delivery and certified content) with acknowledgement of receipt, or failing that, a certified email sent through digital signature platforms. In this document, you must demand the immediate refund of the money and warn them of the application of Article 110 of the Consumers and Users Law (claiming double the amount).

Step 5: Turn to consumer dispute resolution channels

If the seller still does not respond or refuses to return the money, you have three free administrative and out-of-court avenues:

1. The European Union ODR platform: If you bought from an online shop located in any EU country, you can submit a complaint through the European Commission's Online Dispute Resolution platform.
2. The Consumer Arbitration System: You can request a sistema arbitral de consumo (consumer arbitration) through the Oficina Municipal de Información al Consumidor (OMIC - Municipal Consumer Information Office) of your local town hall. It is a free process and its decision (laudo) is binding, equivalent to a court ruling.
3. Complaint to the Directorate-General for Consumer Affairs: Of your comunidad autónoma (autonomous community), so that they can administratively sanction the company for bad commercial practices.

Step 6: The judicial route (Payment Order Process or Verbal Trial)

For consumer monetary claims, if the amount is less than 2,000 €, you can go to the juzgado de primera instancia (court of first instance) of your place of residence and file a juicio verbal (verbal trial) lawsuit *without the need for a lawyer (abogado) or court procurator (procurador)*. It is a simple procedure where you only have to fill out a standardised form, providing proof of the purchase and the prior complaints.

Concrete Examples: How Do the Figures Apply in Reality?

To understand how deadlines and penalty amounts work, let's analyze two common scenarios:

Example 1: The television that never arrived and the delay penalty

Carlos buys a smart TV from a Spanish online shop on November 1st for an amount of 600 €. The terms of sale specify delivery within 5 business days.

The deadline passes and the television does not arrive. On November 15th, Carlos writes to the shop demanding delivery. The shop replies that they have no stock and proceed to cancel the order. However, time passes and they do not return his money. On December 1st (fifteen days after the cancellation), Carlos still has not received his 600 €.

• Legal analysis: As there is an unjustified delay in returning the money after the termination of the contract due to lack of stock, Carlos sends a burofax demanding the application of Article 110 of the Consumers and Users Law.
• Financial outcome: Carlos has the right to claim double the amount paid through the courts or arbitration, which means 1,200 €, in addition to any extra damages if he can prove them (for example, if he had to rent another television for a commercial event).

Example 2: The wedding dress bought abroad (within the EU)

Helena buys a guest dress for a wedding from an online shop based in France for a value of 150 € plus 15 € in shipping costs (total: 165 €). The event is on June 20th and she makes the purchase on May 20th. The website promises delivery in 10 days.

On June 10th, the dress has not arrived. Helena contacts the shop, who tell her that the package is being held by the courier at the border and that she must claim from them.

• Legal analysis: Helena does not have to claim from the transport company. The risk lies with the seller until she has the dress in her hands. Seeing that it will not arrive in time for the wedding, Helena exercises her right to terminate the contract due to breach of an essential delivery date.
• Financial outcome: The French online shop is obliged to refund the full 165 € (including the initial shipping costs). Helena uses the EU ODR platform to process the claim quickly and free of charge, obtaining the refund on her credit card within 14 days of the claim.

Mistakes You Must Avoid

When facing a delivery issue, emotions can lead us to make mistakes that weaken our legal position. Avoid the following:

• Accepting that the seller redirects you to the transport company: Never take on the responsibility of locating a lost package by calling premium-rate numbers of courier companies. Your contract is with the online shop; they are the ones who must resolve the logistics.
• Letting the credit card chargeback deadlines pass: Many banking entities allow you to activate the chargeback protocol (reversal of charge due to fraud or breach of contract) only during the first 60 to 120 days from the transaction. Do not wait months while the seller stalls.
• Failing to save screenshots of the purchase process: Online shops can change their shipping conditions or website prices from one day to the next. Always save the PDF of the conditions in force on the day you purchased and take a screenshot of the page where the delivery time was indicated.
• Signing the carrier's delivery note without checking the package: If the package arrives late and is visibly damaged, or you suspect it is empty, do not sign the delivery note without writing down a reservation (for example: "Pending content review" or "Damaged box"). You have 24 hours to claim hidden damage to the merchandise from the seller.

Frequently Asked Questions (FAQ)

What happens if the package is marked as "delivered" but I have received nothing?

This is a very frequent case. The carrier may have left the package with a neighbour without your authorization or forged your signature. Legally, the seller remains responsible because physical possession has not been transferred to you or an authorized third party. You must demand that the seller provide the delivery note with the recipient's signature. If the signature is not yours, the seller will have to send you another product or refund your money, and resolve the identity theft or malpractice issue with the courier company.

Can I return the product if it arrives late and I no longer want it?

Yes, of course. In Spanish e-commerce, you have the derecho de desistimiento (right of withdrawal). You have a period of 14 calendar days from the day you physically receive the product to return it without needing to justify any reason and without any penalty. If the shipping delay means you no longer need the product, you can reject the package when it arrives or accept it and immediately process the return.

Who pays the return shipping costs if the order was delayed?

If you decide to terminate the contract because the seller has breached the agreed delivery period, the seller must refund you the full amount, including the original shipping costs. Furthermore, the costs of returning the product (if it is delivered late and you have to send it back) must be borne by the seller, as this is a termination due to contractual breach on their part, not a standard voluntary withdrawal.

What happens if the online shop is outside the European Union?

If you buy from platforms located in China, the United States, or other non-EU countries, enforcing the Spanish Consumers and Users Law is extremely complex. In these cases, you are subject to the terms and conditions of the platform (such as AliExpress, Amazon Global, etc.) and their internal buyer protection systems. If you paid by card or PayPal, your best option will be to open a commercial dispute through these payment intermediaries.

Summary

• The maximum legal period to deliver an online order in Spain, if no other is agreed, is 30 calendar days.
• The seller is solely responsible for the package until it is physically delivered into your hands; loss during transport is their responsibility.
• If the seller does not have stock, they must inform you immediately and refund the money charged.
• An unjustified delay in returning the money entitles you to claim double the amount owed.
• You have free avenues such as the Consumer Arbitration System and the verbal trial (for claims under 2,000 €) to assert your rights without lawyer costs.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.