Legal warranty on compatible cartridges in Spain

You buy a compatible cartridge and the seller tells you that "compatibles only have a one-year warranty". That's false. In Spain, that same cartridge is covered by three years of legal warranty, exactly like an original one. We're writing this because it's a right that almost no compatibles shop advertises, and because once you know it, nobody can make you swallow that lie.

We print and test every reference in our catalogue before selling it, so we know what fails and what doesn't. And we know that most "warranty denials" aren't lost on legal grounds: they're lost because the consumer doesn't know which legal text to cite.

Key points
- Every compatible cartridge sold to a consumer in Spain has 3 years of legal warranty, not 12 months (art. 120 RDL 1/2007).
- Spain extended the European minimum from 2 to 3 years for anything bought from 1 January 2022 onwards (Ministry of Consumer Affairs, 2022).
- During the first 2 years the seller must prove the defect didn't come from the factory, not you (art. 121).
- Using a compatible does not void your printer's warranty.
- In 2022 HP paid a fund of $1.35M for blocking third-party cartridges (OCU, 2022).

How many years of warranty does a compatible cartridge have?

Three years from delivery, with no exception for being compatible. The legal warranty of conformity is the mandatory protection the law imposes on the seller for any product sold to an end consumer, and it doesn't distinguish between original and compatible. It is set by article 120 of RDL 1/2007, which transposes Directive (EU) 2019/771.

Until 2021 the term was two years. With the reform that came into force on 1 January 2022, Spain extended it to three, one above the European minimum (European Consumer Centre: Ministry of Consumer Affairs, 2022). The article states it plainly:

"The trader shall be liable to the consumer or user for any lack of conformity that exists at the time of delivery of the goods and that becomes apparent within a period of three years from that delivery."

Three years. Not "manufacturer's warranty", not "commercial warranty". Legal warranty, a non-waivable right that the seller cannot shorten by contract. If you want to see the other side of this coin, what a genuine compatible is versus a counterfeit that really can cause you trouble, we break it down in counterfeit vs compatible cartridges.

What exactly does the warranty cover?

It covers the lack of conformity: that the product isn't what you were sold. A cartridge is conforming when it matches the model and brand advertised, works for its intended use and offers the quality reasonably to be expected. If it fails on any of those points within three years, the goods are not conforming and the seller must respond, free of charge.

For a compatible cartridge, that translates into four specific things:

• Genuine compatibility: if we sold it as compatible with your HP, Canon, Brother or Epson, it has to fit and work. If it isn't recognised, start with my printer doesn't recognise the compatible toner before claiming: sometimes it's a reset, not a defect.
• Stated yield: if the box says 3,000 pages according to the ISO 19752 standard, that's the yield you can demand, with the usual tolerance for page coverage.
• Print quality: uniform density, no streaks or smudges. We compare original and compatible page by page in this side-by-side test.
• No material defects: toner leaks, damaged chip, defective packaging.

When we send a unit back to internal control, the reason is almost never "doesn't print well". It's usually a chip the printer won't read after a firmware update, and that's rarely a cartridge defect. That's why we test every batch on real machines: separating "faulty cartridge" from "printer that blocks it" saves you half the claims.

When does the three-year term start counting?

On the day of delivery of the goods, not the day of purchase or of first installation. Article 120 is emphatic: "that becomes apparent within a period of three years from that delivery". If you bought on 3 February and the parcel arrived on the 5th, the three years run from the 5th. That's the date you need to be able to prove.

In short: the 3-year warranty term is not the same as the time limit for claiming. Once the defect appears within those 3 years, you have an additional limitation period in which to lodge the claim. Many sellers play on this confusion to make you think you're already too late.

For the term to protect you without argument, keep at least one of these three documents: the delivery note or shipping label with the carrier's date, the confirmation email with the tracking, or the invoice. If you buy as a company or sole trader, demand an invoice rather than a receipt: it has more evidential weight in any proceedings.

Legal warranty vs commercial warranty: the usual trap

They're two different things with the same name, and that's where they trick you. The commercial warranty is a voluntary promise the seller or manufacturer adds on top of the legal one, never in its place, with extras like home collection or premium support. The legal warranty is the three-year one: mandatory, non-waivable and imposed by law.

Useful citation: any clause that reduces the consumer's legal rights is null and void. When a seller advertises "12-month warranty" on the compatible's listing, that year is their commercial warranty; the legal 3-year one still runs in parallel and binds them just the same. RDL 1/2007 does not allow them to sell you less than the law already gives you.

Applied to the big brands: the warranties from HP, Canon, Brother or Epson on their consumables are usually limited commercial warranties of one or two years. That applies to claims against the manufacturer. But against the seller who delivered the cartridge to you, you keep the three legal years regardless of what the box says.

At Star Toner we put it in those terms: 3 legal years + 1 voluntary year of ours = 4 years total on any cartridge in the catalogue. The fourth year is our commercial warranty; the first three are your right.

Who has to prove the defect, you or the seller?

During the first two years, the seller. The reversal of the burden of proof means that, if the defect appears in that period, the law presumes it already existed at the time of delivery, and it is the seller who must prove otherwise (art. 121 RDL 1/2007). Not you.

This is your best shield. The classic tactic of the bad seller is to demand a technical assessment paid out of your own pocket before processing anything. It's the other way round: within those two years, any cost of proving the origin of the defect is borne by them. From year three, the burden passes to you, but by then most factory defects have already shown up.

Useful citation: the presumption of art. 121 is iuris tantum, it allows proof to the contrary, but for 24 months the ball is in the seller's court. If they ask you for €160 of assessment fees to "study" your claim on a €20 cartridge, they're breaking the law, not applying it.

Does using compatible cartridges void my printer's warranty?

No. Fitting a certified compatible doesn't void the printer's warranty, and the manufacturer can only deny you cover if it proves that particular cartridge caused the damage. Use, on its own, breaks nothing. Manufacturing and selling compatible consumables is fully legal in the EU; the manufacturer can carry on selling its own, but it can't ban the alternative market from existing.

What's more, the European framework has tightened in the consumer's favour. Directive (EU) 2024/1799 on the "right to repair", in force since 30 July 2024 and with mandatory transposition before 31 July 2026, prohibits manufacturers from using clauses or hardware and software techniques that prevent repair: though, for now, only for the product categories in its Annex II (washing machines, dishwashers, fridges, displays, phones or vacuum cleaners), and printers are not on that list (EUR-Lex, 2024). For your cartridges, the protection that actually operates is Articles 120-121, which we have just seen; we unpack Annex II in the repair-or-replace guide. Spain will transpose it via the Draft Sustainable Consumption Bill presented in July 2025 (Cuatrecasas, 2025).

And it's not just theory. When manufacturers have crossed the line, they've paid. If you're worried an update might block your cartridge, the full timeline is in HP firmware that blocks cartridges.

Real cases: when the law is enforced

The theory is easy to grasp; the nuances are learned from cases. Two verifiable examples from the European market and one of ours.

HP and "Dynamic Security" (2022). HP introduced updates that made its printers reject third-party cartridges without warning. Euroconsumers, the coalition that includes Spain's OCU, took action, and HP agreed to set up a fund of up to $1.35 million to compensate affected users, with a cap of €95 per consumer (OCU, 2022).

The Italian fine (2020). The Italian competition authority, the AGCM, fined HP €10 million for unfair commercial practices related to blocking non-original cartridges (Xataka, 2020). It's the European benchmark that restricting compatibles has legal consequences.

A case of ours. A sole trader from the Cádiz area ordered a compatible Brother TN-2420XL. The parcel arrived on the Tuesday; on the Wednesday the printer rejected it with a chip error. He sent us a photo on WhatsApp at 18:42; at 18:51 we confirmed a replacement for the next day with a prepaid return label. The new one arrived on the Thursday and worked. Case closed in 41 hours, with no forms or assessments. The difference between a warranty that's honoured and one you have to fight for is almost never legal: it's operational.

How do I claim if my compatible cartridge fails?

The procedure is set out in the rules and is simple:

1. Contact the seller in writing within the 3 years (email or form, never just chat). State the order number, the cartridge model, the printer model, an objective description of the defect and photos if applicable.
2. Cite article 120 of RDL 1/2007 and, within the first two years, article 121 (burden of proof). Demand replacement or refund within a specific timeframe: 14 calendar days is reasonable.
3. If they don't respond or refuse, go to a Consumer Arbitration Board: it's free, you don't need a lawyer, and the award has the same force as a court judgment. You just need to check beforehand whether the seller is signed up to the arbitration system.

Before claiming, rule out that it's a recognition problem rather than a real defect: the guide my printer doesn't recognise the compatible toner resolves most "false defects". And if you're unsure which reference to buy without any surprises, how to buy cheap toner without getting ripped off saves you the step of claiming.

Claim template (copy and paste)

Subject: Claim for lack of conformity: Order no. {NUMBER}

I am writing to you regarding order no. {NUMBER}, delivered on {DELIVERY DATE}, product {CARTRIDGE MODEL}.

The product presents a lack of conformity consisting of {OBJECTIVE DESCRIPTION OF THE DEFECT}, which became apparent on {DATE}.

Pursuant to article 120 of RDL 1/2007, which transposes Directive (EU) 2019/771, the legal warranty covers three years from delivery, and the burden of proof during the first two years lies with the seller (art. 121).

I request the replacement of the product [or the refund of €{AMOUNT}] within a maximum of 14 calendar days, at no cost to me. Should I receive no response, I will escalate the matter to the competent Consumer Arbitration Board.

I enclose the invoice, a photo of the defect and proof of delivery.

{NAME} · {ID NUMBER} · {CONTACT}

One tip: send it by email from the account you bought with, attach the invoice as a PDF and, if you have video of the defect, link to it. In most Arbitration Boards, video closes the case at the first hearing.

What does Star Toner do?

We honour the three years the law requires and add a voluntary fourth. The procedure is straightforward: WhatsApp +34 651 78 80 90 or info@star-toner.com with your order number and model; within 24 working hours we confirm replacement or refund, with no argument about conformity. Before you buy, we also check compatibility with your printer for free if you tell us the exact model.

If you want to start from the catalogue, here you have the compatible laser toner for all brands, the compatible drums and the ink cartridges.

Frequently asked questions

Does the warranty start on the day of purchase or of installation?

On the day of delivery of the goods, not of purchase or of first installation. It's set by article 120 of RDL 1/2007. The three years run from when you receive the parcel, which is why it's worth keeping the delivery note or the confirmation email with the delivery date.

Can the manufacturer void my printer's warranty for using compatibles?

No. It can only deny cover if it proves that particular cartridge caused the damage; use on its own voids nothing (Articles 120 and 121 of RDL 1/2007): the burden of proof sits with the manufacturer, not with you.

Do I need to keep the receipt to claim?

It helps, but it isn't essential: any proof of the delivery date will do (delivery note, email, invoice). During the first 2 years, moreover, it's the seller who must prove the defect didn't come from the outset (art. 121 RDL 1/2007), so your evidential position is strong.

Does the warranty cover the normal wear of toner?

No. It covers conformity defects, not normal consumption when printing. That said, a yield far below the declared one, 1,500 pages when the box says 3,000 according to ISO 19752, is a claimable conformity defect, with the usual tolerance for coverage.

How long does an Arbitration Board take to resolve?

The award is issued within a maximum of a few months from admission, with a hearing in a few weeks, and it's free and binding. In 2022, the European conciliation route against HP compensated users with up to €95 each (OCU, 2022); national arbitration works with the same zero-cost-to-you logic.

Sources

• BOE, Real Decreto Legislativo 1/2007 (General Law for the Defence of Consumers and Users): https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555
• Iberley, Article 121 RDL 1/2007 (burden of proof, 2-year presumption): https://www.iberley.es/legislacion/articulo-121-ley-defensa-consumidores-usuarios
• EUR-Lex, Directive (EU) 2019/771 on the sale of goods: https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A32019L0771
• EUR-Lex, Directive (EU) 2024/1799 on the right to repair: https://eur-lex.europa.eu/legal-content/ES/ALL/?uri=CELEX:32024L1799
• European Consumer Centre / Ministry of Consumer Affairs, Spain extends the legal warranty from 2 to 3 years (2022): https://portal-cec.consumo.gob.es/en/comunicacion/noticias/2022/espana-amplia-la-garantia-legal-minima-de-dos-tres-anos
• OCU, HP and Euroconsumers: conciliation agreement over "Dynamic Security" (2022): https://www.ocu.org/organizacion/prensa/notas-de-prensa/2022/hp070922
• Xataka, HP and cartridge blocking: €10M fine from the Italian AGCM (2020): https://www.xataka.com/perifericos/drama-hp-sus-impresoras-su-ultima-actualizacion-bloquea-no-se-utilizan-cartuchos-oficiales
• Cuatrecasas, Draft Sustainable Consumption Bill: repair and transparency (2025): https://www.cuatrecasas.com/es/spain/sostenibilidad/art/ley-de-consumo-sostenible-ii-reparacion-de-productos-y-transparencia

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Last updated: July 2026. Star Toner: certified compatibles with a 3-year legal warranty + 1 voluntary year. This guide is informational and does not constitute individual legal advice.