In Peru you are protected by Ley 29571, the Consumer Protection and Defence Code. It sets no general legal warranty period in months. A warranty the shop states is explicit and binds it; if it states none, the implicit warranty may still bind it. The law does not use the word "reacondicionado" and requires prominent notice when goods are sold used, rebuilt or remanufactured. There is no general right to return an online purchase without a reason. Article 97 provides repair, replacement or a refund in the cases it lists. You can complain through the Libro de Reclamaciones and approach INDECOPI. Confirm the listing's warranty with the shop.
How many months of warranty does the law give?
None in particular. In the INDECOPI edition of Ley 29571 (March 2023) we found no minimum legal warranty period in months, and we searched the whole text for the word term next to warranty. Article 20 distinguishes three kinds of guarantee.
- Legal. The law imposes it, it cannot be agreed away and it is read into the contract even if nobody writes it.
- Explicit. It comes from what the provider expressly offers in the contract, on the labelling, in advertising, on the payment receipt "or any other means by which what was offered is specifically proven". The 12 or 13 months a shop writes on its page is of this kind.
- Implicit. It applies when the provider says nothing, and it means the product serves the foreseeable purposes and uses for which you bought it. Article 21 says that "in the absence of an explicit guarantee, the implicit guarantee binds the provider".
The law sets no general period in months. The duration of an explicit warranty depends on what each shop or seller offers. In the sample we read different terms by shop, product and sales channel. We could not confirm whether INDECOPI applies a supplementary period when a shop states none.
The warranty the shop writes
What a shop states on its page, in its advertising or on the payment receipt is an explicit guarantee and binds it. Article 22 adds that a provider who uses the word "guaranteed" must state "its scope, duration and conditions", so you can ask for those three details in writing. Two more rules in the same article help you with any shop. The time a warranty repair takes does not count toward the warranty period, and if the product is replaced, the warranty period is renewed.
Article 97 makes clear that a voluntary warranty "is subject to its terms, without prejudice to the consumer's legal rights". The shop's warranty does not erase what the law already gives you.
The notice that a product is used (article 11)
Article 11 says that when goods with a deficiency or defect, used, rebuilt or remanufactured, are sold to the public, the consumer must be told "prominently". The condition must appear on the product, its label, wrapping or packaging, and on the payment receipt. The provider carries the burden of proving it complied, and failing to give notice "is considered contrary to good faith".
The word "reacondicionado" does not appear in the law. Whether a refurbished item counts as "rebuilt or remanufactured" is our reading and not the text of the law, and it is not settled. In practice, ask that the listing and the receipt say the device is used or refurbished.
If something fails: repair, replacement or refund (article 97)
Article 97 gives the right to repair or replacement of the product, or to a refund of what you paid, among other cases when the product is not fit for its use because of defects in manufacture, making, structure, quality or hidden flaws, and when the defects remain or prevent it from serving its purpose after the legal guarantee has been honoured.
Article 18 defines suitability as the match between what you expect and what you receive according to what was offered, the advertising, the conditions of the purchase and the price. That is why it helps to keep a screenshot of the listing, the receipt and your messages with the shop.
There is no general right of withdrawal on online purchases
If you read that a 2025 law gives you 7 days to return any online purchase without giving a reason, that is not what the text we read says.
- The 7-calendar-day period in article 59 to request restitution applies when the provider used an aggressive or deceptive commercial practice described in article 58. Article 58 covers different ways of contracting, including distance contracts and e-commerce; buying online alone is not an aggressive or deceptive practice. The 7 days run from the contract or from when you receive the product, whichever is later. Article 60 makes an advance waiver of that right void.
- Ley 32495 (El Peruano, 11 November 2025) only changes articles 150 and 151. It requires every digital e-commerce platform to keep a Libro de Reclamaciones, with a permanent, visible link. It says nothing about returns without a reason.
- Decreto Legislativo 1729 (12 February 2026) requires e-commerce providers to have complaint mechanisms, requires an email address from providers with no address in Peru and bans interfaces that manipulate your choice. It does not create a right of withdrawal either.
- There were reform proposals, among them an INDECOPI one from 2021 with a 15-day period and a Congress Consumer Defence Committee report of 3 December 2025 on the digital consumer. In what we read they are bills and not law, and we could not confirm whether any was approved later.
The returns shops offer are voluntary. They are worth what each shop wrote, and the shop's policy binds it like any other explicit guarantee. Ask in writing for the period, the conditions and who pays the return shipping.
What shops offer
This is what each site stated on 1 October 2026.
- Reuse Peru. On its own site, 13 months of warranty against factory faults and a 30-day trial. An offer from that seller on Falabella said "Garantía del proveedor: 1 año", so take the term from the offer you are about to buy.
- Smart Leben. 12 months against defects that affect normal operation, and its page says "15 días devolución" (15-day return). It sells iPhones and Galaxy phones.
- Catapu. 1 year on used iPhones.
- Lolotec. Up to 12 months from receipt on Grade A, B and C devices, and a 15-day trial.
- Clevercel Peru. 12 months and a "30 días de prueba o la devolución del dinero" (30-day trial or your money back). The notice is on its home page and we did not read the cover terms.
- NixBlix Peru. 12 months on semi-new iPhones. We did not read the term for iPad or Apple Watch.
- KPDM. "Hasta 1 año" (up to 1 year). Its terms say products may carry a warranty according to their condition, so the term is per product.
- CompuOutlet. From 6 to 12 months depending on the product.
- Lenovo Outlet Peru. 6 months from receipt, on refurbished and open box items.
- Coolbox. A refurbished iPhone offer said "Garantía: 6 meses". Only some offers carry that field.
- Falabella, Plaza Vea, Oechsle, Promart and Shopstar. Each seller sets the term on the offer. We saw "Garantía del proveedor: 1 año" at Falabella, "Garantía de 12 meses" at Plaza Vea, "Garantía : 24 meses" at Shopstar and "Garantía UNET: 15 meses por fallas de hardware de fábrica" at Promart. Falabella says that "most products have 30 days from when you receive them to make a return", and Plaza Vea's terms speak of 7 calendar days from receipt for exchanges and returns.
- Mercado Libre Peru. It requires every refurbished listing to carry a seller warranty of 90 days or more.
Terms vary by shop and by offer. Confirm the term directly with the seller. The same shop can show different terms by channel, as Reuse does, with 13 months on its own site and 1 year on the Falabella offer we reviewed.
Libro de Reclamaciones and INDECOPI
First complain to the shop in its Libro de Reclamaciones, physical or virtual. Since Ley 32495, every digital e-commerce platform must have one with a permanent, visible link. The shop must answer within a period of no more than 15 business days, with no extension (article 24.1), and it cannot make your complaint depend on paying the disputed product or service first.
If it does not answer or you are not satisfied, go to INDECOPI, where you can continue the complaint and, where it applies, start an enforcement case or consumer arbitration. Lima 224-7777, regions 0-800-44040 (free), [email protected]. INDECOPI handles cases that do not exceed three UIT through its summary procedure.
What to ask the shop for in writing
- That the device is sold as used or refurbished, that the receipt says so, and the grade with the shop's definition.
- How long the warranty lasts, from what date it runs, what it covers and what it excludes.
- Legal name and RUC of the seller.
- Battery health percentage.
- IMEI and model number of the device they will send you, and whether it is on the white list or who registers it (see how to check an IMEI).
- Trial or return period, conditions and who pays the return shipping.
Sources
- Ley 29571, Consumer Protection and Defence Code, INDECOPI edition (March 2023)
- Decreto Legislativo 1729, El Peruano (12 February 2026)
- INDECOPI, press note on the Libro de Reclamaciones in e-commerce (11 November 2025)
- INDECOPI, how to file a complaint
- Consumidor.gob.pe, how to file your complaint
- Mercado Libre Peru, publishing products
- Reuse Peru, warranty, exchanges and returns
- Smart Leben, warranty
- Smart Leben, home page
- Lolotec, warranty policy
- Lenovo Outlet Peru, products and FAQ
Each shop's warranty comes from its own pages, read on 1 October 2026, and may change. The text of the law is the INDECOPI edition of March 2023, with Ley 32495 and Decreto Legislativo 1729 read separately. We did not compare the current consolidated text article by article, so we cannot rule out changes after March 2023. We read Ley 32495 in a municipal legal bulletin that transcribes it, not in El Peruano. None of this replaces advice from a Peruvian lawyer.