How to complain when a digital service fails: form, ODR and legal route

¿How to complain when a digital service fails? When a digital service fails—a subscription that doesn't work, a delivery that doesn't arrive, or an app that doesn't perform—there's a clear path to complaint. In Spain, there are practical and free tools that allow you to demand that your user rights be respected. In this guide, I explain in detail how to use the complaint form, when the European ODR platform is appropriate, and what legal options you have if the company doesn't respond. The key is to know the routes and use them in the correct order.

Before you start writing to the company, it's a good idea to confirm whether your problem falls within the scope of consumer law. Consumer claims cover purchases of goods or services for private use made by an individual from a business.They are not suitable for disputes between private individuals (for example, a sale on Wallapop) nor for fraud or scams, which must be reported to the police or the criminal court. With that clarified, let's proceed step by step.

When is a complaint considered a consumer complaint?

Not every digital conflict is a consumer dispute. For it to be considered a consumer dispute, there must be a relationship between a consumer and a business (B2C) and it must involve a purchase or contract made for private use. Agreements between private individuals and crimes are excluded. (scams, phishing, etc.), which follow other channels.

If your case is a consumer matter, you have a set of rights and procedures to ensure the company responds. These procedures are designed to be simple, free, and with clear deadlines.especially when you use the complaint form or consumer mediation/arbitration.

The same framework applies to digital services and platforms as to in-person purchases, with particularities specific to the online environment. Electronic contracting is fully valid and creates obligations for both parties.Therefore, it is vital to preserve evidence.

Steps prior to any claim

Start by gathering evidence. Save invoices, receipts, screenshots, emails, chats, and any proof of payment or agreement (see how). save invoices and warranties). Properly documenting the case is 50% of successespecially if you later need mediation or to resort to legal action.

Contact the company and ask for a solution. Many companies have an internal complaint handling procedure. Write clearly, attach evidence, and keep the acknowledgment of receipt. or confirmation that they have received your message. If the company has complaint forms available, you can request them: they are required to provide them and stamp your copy.

If you don't receive a response or it doesn't convince you, the next step is to formalize your complaint. A well-written complaint should include your details, a chronological description of what happened, and the solution you are requesting. (for example, repair, replacement, refund, or fulfillment of service).

Complaint form: what it is, when to use it and how to fill it out

The complaint form is an official form that any company, including those that operate online, must have available. It is not a criminal complaint, but rather an administrative mechanism that obliges the company to respond. within approximately 10 business days, according to regional regulations.

How do I use it? Ask for it at the physical store or request the digital format if everything is managed online. Fill in your details, describe the events with dates, and attach evidence.Be specific about the solution you are requesting (repair, refund, etc.).

In many traditional models there are three copies: one for the Administration, one for the company and one for you. Submit the ones that apply and keep your stamped copybecause it is your proof for future procedures with the Consumer Information Office (OMIC) or with your autonomous community.

If the company does not respond or the response is not satisfactory, you can escalate the matter to the consumer protection agency. The Consumer Information Office (OMIC) or the regional body will open a mediation process and, if necessary, propose arbitration..

Submit the complaint form online

Most autonomous communities allow you to process your claim 100% online. You will usually need a digital certificate, electronic ID card (DNIe), or Cl@ve PIN. The form will ask for your details, the company's details, an account of what happened, and to attach evidence..

After submitting, the system generates a file number for tracking. Keep your registration receipt and any notifications from the portal.This will be useful for status inquiries or if you provide additional documentation.

Practical tip: If the purchase was online and you did not receive the product, attach the proof of payment and the contract or order confirmation. The proof of the transaction and the delivery obligation strengthens your claim.

In some regional portals, if your municipality has its own Consumer Information Office (OMIC), they will automatically forward the case. You will be notified of the transfer and you won't have to do anything else.Many administrations report that a high percentage of claims are resolved through this free channel.

ODR: the European platform for online dispute resolution

If your online purchase is with a company from another EU country (or if both you and the company are in the EU, Norway, Iceland, or Liechtenstein), you can use the European Union's ODR platform. It is an alternative dispute resolution system designed for cross-border e-commerce..

The procedure is simple: you register the claim, attach documents, and the platform sends it to the company. If the company accepts the ODR process, it must choose one or more ALR bodies within 30 days. You will select one of them, evaluating rates, scope and procedure.

Important: If within 30 days you do not accept a resolution body or there is no agreement on which one, the platform will not process the case. When a result is issued, you will receive a notification with the resolution.The European Consumer Centre can help you during the process.

In addition, online stores and marketplaces are required to include a visible link to the ODR platform. If you don't see it on the website, you can remind the company or include it as an argument in your complaint..

Consumer mediation and arbitration

If a direct agreement with the company cannot be reached, the Consumer Protection Agency usually attempts mediation. This is a voluntary, quick, and free process that aims to reach a balanced agreement. If mediation doesn't work and the company is a member of the Consumer Arbitration System, you can request arbitration..

Arbitration is also free and voluntary for both parties (unless previously agreed to participate). An arbitration panel will examine the case, may propose evidence, and will issue a written award. The award is binding and enforceable, and once issued you cannot later go to court over the same matter..

To find out if the company is a member, check its website or consult the public information of the Arbitration Boards in your community. Where appropriate, arbitration offers a firm solution without the need for a lawsuit..

There are also private entities with codes of conduct, such as Confianza Online. If a company is a member, these entities offer intermediary mechanisms. They do not replace the Administration, but they can help to reach quick agreements..

Legal recourse: when and how to use it

If you prefer to sue or none of the above options work, you can go to the ordinary courts. For claims up to €2.000, a lawyer or solicitor is not required.which reduces costs and makes it easier for consumers to use.

When there is a common cause with other users, a class action lawsuit can be considered. Before taking this step, it is advisable to seek advice from legal services in your community. Always assess whether there is a clear breach of contract and whether you have solid evidence..

Remember: if you have already obtained a consumer arbitration award, you cannot later go to court for the same dispute. Choose the path considering speed, cost, and the reliability of the solution.

Key rights in online purchases: withdrawal, guarantees and shipping

For distance purchases (internet, telephone), you can cancel the contract without giving a reason within 14 calendar days of delivery. You must notify the seller; from that moment, you will have another 14 days to return the product. The seller must refund you within 14 days of your communication, although they may wait until they receive the product or proof of return..

If the store did not properly inform you of your right of withdrawal, the deadline is extended to 12 months from the date the initial period ended. If you are informed within those 12 months, you will have 14 days from the date you receive that information. There are exceptions to the withdrawal rule, which must have been communicated in advance..

Regarding shipping costs: the company must refund the initial shipping costs when you cancel, but may charge the return shipping costs if it informed you beforehand. Always check the terms and conditions and save screenshots of the return policy..

Guarantees: For new purchases from 2022 onwards, the legal guarantee is 3 years; for previous purchases, 2 years, with some nuances. If there is a lack of conformity or a manufacturing defect, the seller is responsible for repairing, replacing, or refunding.Your rights to complaint and information are not reduced because you bought online.

If your order does not arrive, the online store must confirm the contract or give you an acknowledgment of receipt. In the case of fraudulent or unauthorized card payments, you can request immediate cancellation from the issuer.It is also important to be aware of risks such as NFC and card cloningIn transfers, recovering the money is more complex and may require going to court.

Marketplace purchases: who is responsible and how to proceed

On platforms like Amazon or Fnac, the seller can be the platform itself or a third party. They must clearly indicate whether the seller is a business or an individual. If it is a private individual, consumer regulations do not apply in the same way. and rights may vary.

The platform must explain how the obligations are divided between the seller and the marketplace, what guarantees or insurance it offers, and what dispute resolution methods are available. In case of problems, always contact through the marketplace's internal channels and pay through their system. so that it is recorded and you can benefit from its protection.

Additional options: partnerships, authorities, and useful resources

If you find yourself stuck, you can seek help from consumer associations. These organizations offer advice, process complaints, and provide support through arbitration or even legal action (membership is usually required). They cannot sanction companies or issue rulings, but their experience speeds up many cases.

You can also escalate the complaint to consumer protection authorities: at the local level (OMIC), regional level (General Directorates of Consumer Affairs) or, if the company is outside of Spain, to the European Consumer Centre (ECC). These institutions provide guidance, mediation, and, when appropriate, activate control mechanisms.

Public resources of interest: Consumer Arbitration Boards, Regional Directorates General, OMIC and the CEC. Check their official websites to find phone numbers, forms, and office maps.

Complaints by sector: who to contact in each case

Some sectors have specific regulators or complaints services. Using them streamlines and organizes the process. These are the main destinations according to the type of conflict:

• Banks and financial institutions: Complaints Service of the Bank of Spain.
• Investments and securities: National Securities Market Commission (CNMV).
• Insurance and pensions: Directorate General of Insurance and Pension Funds.
• Telecommunications: Telecommunications User Service Office.
• Air Transport: State Agency for Aviation Safety (AESA).
• Marine transport: competent bodies in cancellations and delays.
• Utilities (electricity, gas, water): local Consumer Information Office (OMIC) or the regional General Directorate of Consumer Affairs.
• Data Protection: Spanish Data Protection Agency (AEPD).

Going to the right organization can mean that your claim will be studied using technical criteria from the sector. This increases the range of solutions, especially in telecommunications, banking, and insurance..

How the Administration manages your file

Once your claim is received, the Administration checks if any documentation is missing and may request it from you. If your municipality has its own Consumer Information Office (OMIC), they will forward your file there and inform you.At the same time, they will send your complaint to the company proposing mediation.

Many administrations report that a majority of claims are resolved at this stage at no cost to you; some speak of percentages close to 60%. If mediation fails and the company agrees, arbitration is activated., which concludes with a binding award for both parties.

At any time you can check the status of the file on your community's portal or through the indicated channels. Keep your registration number and check your notifications to avoid missing deadlines or requirements.

If, despite everything, there is no solution, you can consider legal action. Analyze costs, timeframes, and chances of success based on the amount and evidence you have available..

For businesses and professionals: how to properly manage a digital claim

If you're the service provider, a poorly handled complaint can escalate and affect your reputation, costs, and business. Good practice starts with responding promptly and politely, listening without automatically admitting fault. Respond with facts, explain your process, and offer reasonable alternatives.

Review the contract or the conditions accepted by the client: deadlines, deliverables, guarantees and service levels. The legal basis of any conflict lies in what has been agreed upon.That's why clear conditions are your best preventative defense.

Document everything: communications, deliveries, software versions, logs, or functional tests. Solid traceability allows you to assess whether there was actual non-compliance or if it was a matter of unforeseen expectations..

Whenever possible, negotiate. Sometimes a partial refund, an extended warranty, or a quick technical solution is better than a long dispute. If you detect bad faith (threats of fake reviews, blackmail), maintain a professional tone but act with legal firmness..

If you are a company affected by a supplier who fails to deliver (for example, a failed web development project), you can claim for breach of contract, economic damages, and lack of professional diligence. Consider mediation and, if appropriate, initiate legal proceedings with a feasibility analysis..

Quick checklist for claiming a digital service

Before escalating your case, make sure you have everything on hand: identification, proof of purchase, contract/terms, evidence of the fault, and communications. A well-organized and specific claim speeds up the process and improves your position..

• ID: ID cards.
• Proof of purchase/contract: invoices, order confirmations or subscriptions.
• Evidence of the problem: captures, emails, chats, videos or records.
• Clear request: What solution do you require and within what reasonable timeframe?

If the conflict is with a business in another country within the European Economic Area, consider ODR. If it's a national issue, activate the complaints form and mediation/arbitration in your community.When buying through marketplaces, always use internal channels and keep a digital record.

Where to find institutional support

You have several public support points: the European Consumer Centre for cross-border disputes, the regional Directorates General for Consumer Affairs, the OMIC and the Consumer Arbitration Boards. They all publish online directories, maps, and forms to expedite your procedures.

If you can't locate your office, most communities allow you to file the claim online and will give you a registration number for tracking. Take advantage of that official route and check the status periodically.If any documentation is missing, you will be notified so that you can provide it.

Consumer associations are also a good ally when you're stuck. They can act as intermediaries with companies, help you draft documents, and, if necessary, advise you on the best legal course of action..

Filing a complaint about a digital service doesn't have to be a complicated process. With evidence, organization, and the right tools—complaint forms, ODR, mediation/arbitration, and, if necessary, the courts—it's entirely possible to get back on track and reach a solution. Acting methodically and within deadlines increases the chances of success and reduces burnout..