Purchasing goods in duty-free shops, such as an expensive leather handbag bought in a Spanish airport, does not negate a consumer's rights if the product is found to be faulty, according to consumer law expert Dean Dunham.
The fact that an item is bought duty-free impacts the tax paid, not the consumer's legal entitlements regarding faulty merchandise. Dunham explains that the purchase is governed by the consumer law of the country where the transaction took place, in this case, Spain, which offers robust protections.
Since January 1, 2022, Spain has implemented a three-year legal guarantee for new goods. For defects that appear within the first two years of purchase, the law presumes the fault existed at the time of sale, placing the burden of proof on the retailer to demonstrate otherwise. A handbag with unraveling stitching after a few weeks would be considered a clear instance of a "lack of conformity," indicating the item was defective.
While the airport retailer is the contractual party, not the brand's domestic stores, they are legally obligated to provide a remedy. Consumers are advised to initiate contact via email, clearly outlining the issue, attaching photographic evidence and the receipt, and using an online translation tool if necessary. The retailer is responsible for providing a free remedy and covering the cost of returning the faulty item by post.
For purchases made with a credit card exceeding £100, consumers may have recourse through their card provider under Section 75 of the Consumer Credit Act if the retailer fails to resolve the issue. This act can make the credit card provider equally liable for the fault, potentially leading to a credit on the consumer's card, even for purchases made abroad.