Legal warranty on products in Peru: your rights even without a warranty slip

What many consumers in Peru don’t realize about warranties

When something you bought turns out to be defective, the first thing many sellers say is: “this has no warranty” or “the warranty already expired.” Many consumers accept that without question, assuming that if they didn’t sign a warranty paper or the store has no exchange policy, they have no rights.

That’s not true. Peru’s Consumer Protection Code (Ley N.° 29571) says a legal warranty “se entiende incluida en los contratos de consumo, así no se señale expresamente” (is understood to be included in consumer contracts even if not stated) and that nothing can be agreed against it (Article 20). A legal warranty exists where a law or regulation in force requires it before the product can be sold or the service provided. In addition, when there is no explicit warranty, the implicit warranty binds the provider (Article 21.1). These are rights that come from the law, not from the provider’s goodwill.

This article explains what the Code says about the legal warranty, how it differs from a store’s voluntary warranty, what “idoneidad” (fitness for purpose) means, and the cases in which Article 97 recognizes a right to repair, replacement or refund.

Legal, explicit, and implicit warranty: not the same thing

The Code distinguishes three types of warranty (Article 20 of Ley N.° 29571):

• Legal warranty: exists when, by mandate of law or current regulations, a product may not be sold or a service provided without that warranty. It cannot be waived by agreement and is understood to be included in consumer contracts even if not stated. An explicit or implicit warranty cannot displace it.
• Explicit warranty: the one the provider expressly offers the consumer. What was promised is what matters (this page does not quote the item that defines it).
• Implicit (implied) warranty: when the provider or the contract is silent, the product or service is understood to meet the foreseeable purposes and uses for which the consumer acquired it, taking into account, among other things, market custom.

The most common confusion is thinking that if there is no explicit warranty (that signed paper or store policy), there is nothing to claim. Article 21.1 says the opposite: when there is no explicit warranty, the implicit warranty binds the provider. The product must meet the foreseeable purposes for which it was bought, whether or not anything was written down.

What “idoneidad” (fitness for purpose) means

Idoneidad is the central concept. Article 18 of Ley N.° 29571 defines it as the match between what a consumer expects and what the consumer actually receives, in light of what was offered, the advertising and information conveyed, the conditions and circumstances of the transaction, the characteristics and nature of the product or service, the price, among other factors, considering the circumstances of the case.

In other words: if you buy a blender, you expect it to blend; if you buy running shoes, you expect them to hold up to normal use. When a product doesn’t match what could reasonably be expected given those factors, it is not fit for purpose.

Article 19 reinforces this: the provider answers for the fitness and quality of the products and services it offers, and also for any lack of conformity between its commercial advertising and the products and services, not only for what a warranty label promises.

How long does the legal warranty last? (the part with no single answer)

The articles we read (18 to 22) do not set a single, universal period for all products. Duration depends on factors such as:

• The type of good and its nature.
• Any explicit warranty the provider offered, when it did offer one.
• Rules or regulations that, under Article 20, item a), require a legal warranty for certain products or services. This page did not check which ones or what periods they set.

Before assuming a period, check what the seller stated in writing (receipt, invoice, advertising, spec sheet) and, if nothing was stated, remember that the implicit warranty still binds the provider.

What Article 22 does establish is how time is counted: “El tiempo que duren las reparaciones efectuadas al amparo de la garantía no es computable dentro del plazo de la misma” (the time repairs under the warranty take does not count within the warranty period). If your warranty is 12 months and the product spent 20 days in the shop, those 20 days are not deducted. The same article adds that when a product is replaced, the warranty period must be renewed.

Repair, replacement, or refund: what the Code says

Article 1 (section 1.1, item e) recognizes the consumer’s right to repair or replacement of the product, a new performance of the service, or, in the cases the Code provides, a refund of the amount paid, “according to the circumstances.”

Article 97 says consumers are entitled to repair or replacement of the product, a new performance of the service, or a refund of the consideration paid, “in the following cases.” Among them:

• When the product, because of manufacturing, structural or quality deficiencies, sanitary conditions or hidden defects, is not fit for its intended use.
• When, after the legal warranty was honored, the product’s defects remain or prevent it from serving its purpose.

Article 97 lists other cases that this page does not reproduce. We also did not verify who chooses among repair, replacement and refund, how many repair attempts must fail before you can ask for a replacement or your money, or how a refund amount is calculated. We do not state those here.

Legal warranty vs. a store’s voluntary warranty

A store may offer its own “warranty” policy — for example, “exchange within 30 days” or an extended warranty sold separately. That is a voluntary commercial benefit and its terms are set by the provider. Article 97 says that a product bought with a voluntary warranty is subject to that warranty’s terms, without prejudice to the consumer’s legal rights.

The legal warranty is different: Article 20 says nothing can be agreed against it and that it is understood to be included in consumer contracts. And if the seller says “we give no warranty on this product,” they may only be talking about an additional explicit warranty; absent one, Article 21.1 says the implicit warranty binds the provider.

What to do if your rights are denied

If a seller rejects your claim by arguing “there’s no warranty” simply because there’s no paperwork involved, that doesn’t mean you have no right. The recommended steps are: keep your proof of purchase, file a written claim stating your preferred remedy (repair, exchange, or refund), log the complaint in the Complaints Book if you don’t get a satisfactory response, and, if the problem persists, escalate to Indecopi.

In summary

A warranty does not depend on a paper signed by the seller: the Code says that, absent an explicit warranty, the implicit warranty binds the provider, and that a legal warranty cannot be waived by agreement. Duration varies by type of good and by what was offered, so avoid assuming a single period. And Article 97 lists the cases in which you can ask for repair, replacement or a refund when the product doesn’t deliver what you could reasonably expect.

Buying a used car?

If you’re buying a used car, the legal warranty in this article only applies when you buy from a habitual provider (a dealership or a business that sells used cars), not from a private individual. Check what to review and what warranties apply when buying a used car before you sign anything.