Criminal lawPractical guidesOnline shopping scams in Spain: how to claim and recover your money

Shopping online has become an everyday activity for millions of people. Alongside the growth of e-commerce, however, online fraud and scams have increased alarmingly: fake shops, sellers who disappear after payment, goods that never arrive or bear no relation to what was advertised. The good news is that in most cases there are ways to claim and recover the money, provided you act quickly, keep the evidence and follow the right procedures.

Online fraud in the Spanish Criminal Code

In Spain, Article 248 of the Criminal Code defines fraud as deceiving another person, with intent to gain, inducing them to carry out an act of disposal of assets to their own detriment or that of a third party. The provision expressly includes fraud committed by computer or telematic means, which covers everything from fraudulent websites to fake advertisements on social media or marketplaces. Depending on the amount and the circumstances, the penalties range from fines to several years’ imprisonment, and when the fraud is committed on a massive or organised scale, for example through an international network, the penalties are more severe.

The first steps

The moment you realise you have been the victim of fraud is critical: every hour that passes can make it harder to recover the money. Keep all the evidence: screenshots of the website, advertisements, chat messages, emails and payment receipts. Certify the information: notarial certificates, certification platforms or the intervention of an IT expert can guarantee the authenticity and integrity of the evidence. Contact your bank or payment provider: if you paid by card, immediately request a chargeback; for PayPal or other gateways, open the claim procedure. Avoid negotiating directly with the fraudster: criminals often use the contact to gain time, delete evidence or deactivate accounts.

Which route to use: criminal, civil or consumer

Criminal route. Filing a complaint with the National Police, the Guardia Civil or the duty court, providing all the evidence gathered. It is the most appropriate route when there is a clear fraud offence and a significant amount.

Civil and consumer route. A direct claim against the seller (if identifiable and lawfully trading) or against the payment platform. It is also possible to go to the Municipal Consumer Information Office (OMIC) or the Consumer Arbitration Board, especially for companies registered in Spain or the European Union.

Banks and payment methods. If the purchase was made by card, the chargeback is a very useful tool as long as it is requested in time. PayPal offers its own buyer protection system.

Two illustrative cases

In one recent case, several consumers bought electronic products through a website imitating a well-known official shop. Those who detected the fraud within the first forty-eight hours and requested a chargeback from their bank recovered the full amount in under two weeks; others who waited more than a month ran into legal and technical obstacles. In another case, the victim of a fraud on a second-hand platform recovered the money because she certified the WhatsApp conversation with the seller and filed the complaint within twenty-four hours, which allowed the authorities to block the bank account used to receive the payments.

How to protect yourself

Check the seller’s reputation in reviews, forums and social media. Be wary of prices that are too low, one of the most common signs of fraud. Use secure payment methods and avoid direct transfers to strangers. Act quickly at the first suspicion: the sooner the fraud is reported, the easier it is to trace the money. Always consult a lawyer: legal guidance from the outset can make the difference between recovering the amount and losing it for good.

Digital evidence is today the backbone of most proceedings for economic and corporate offences: emails, spreadsheets, internal messaging and bank traces support both the prosecution and the defence. Obtaining it and preserving its chain of custody is particularly decisive in money-laundering and tax-offence cases.

The criminal classification: fraud and its thresholds

An online purchase that was never intended to be delivered is fraud under Article 248 of the Criminal Code: the seller creates a deception sufficient to lead the buyer into an error that causes them to make a payment to their detriment. The penalty depends on the amount. Under Article 249, when the sum obtained exceeds four hundred euros the penalty is imprisonment of six months to three years; below that figure the conduct is a minor offence punished with a fine. Under Article 250 the fraud is aggravated, with imprisonment of one to six years and a fine, when, among other circumstances, it affects a large number of people or the amount exceeds fifty thousand euros, and the penalty rises further above two hundred and fifty thousand euros. Fake shops that receive hundreds of small payments are therefore prosecuted as serious offences even though each individual loss is modest, which is why every complaint counts.

Refund of the payment: what the bank must do

Where the payment was made with a card and the buyer did not authorise the transaction, or the transaction was authorised as a result of fraud, the rules on payment services in Royal Decree-Law 19/2018 require the bank to refund the amount of an unauthorised transaction immediately and no later than the end of the following business day, unless it has reasonable grounds to suspect fraud by the customer. Where the customer did authorise a payment to a shop that never delivered, the route is the chargeback mechanism of the card scheme, which must be requested through the bank within the deadlines set by each scheme, and, for transfers, an immediate recall request to the receiving bank. In all cases the written complaint to the bank should be filed as soon as possible, because the time limits are short and the bank’s refusal opens the way to the Bank of Spain’s complaints service.

Other routes: consumer bodies and cross-border purchases

When the seller is a real business that has failed to deliver or refuses a refund, the matter is primarily one of consumer law: a complaint with the regional consumer authority, the voluntary consumer arbitration system, or a civil claim. For sellers established in another Member State of the European Union, the European Consumer Centre network assists with cross-border complaints. The criminal route remains appropriate whenever the deception was present from the outset, and the criminal complaint may include the civil claim for the amount lost, so that the conviction also orders its return.

Frequently asked questions

How long do I have to request a chargeback?

The time limits depend on the card scheme and the bank, and they are short. Request it as soon as you detect the fraud; the cases in which the full amount was recovered were those reported within the first hours or days.

Is it worth filing a criminal complaint for a small amount?

Yes. The complaint is what allows the authorities to trace and block the accounts used, and small frauds are usually part of larger schemes. Consumer and civil routes can be used in parallel.

What evidence should I keep?

Screenshots of the website and advertisements, all messages and emails, payment receipts and bank statements, ideally certified by a notary, a certification platform or an IT expert.

What penalty does online shopping fraud carry in Spain?

Under Article 249 of the Criminal Code, imprisonment of six months to three years when the amount exceeds four hundred euros; under Article 250, one to six years and a fine in aggravated cases, such as when many people are affected or the amount exceeds fifty thousand euros.

Will my bank refund a payment I did not authorise?

Under Royal Decree-Law 19/2018 the bank must refund an unauthorised transaction immediately and no later than the end of the following business day, unless it has reasonable grounds to suspect fraud by the customer.

Related guides

• Recovering money from an online scam in Spain
• Article 248 of the Spanish Criminal Code
• Chain of custody of evidence in Spain

This article is informative in nature and does not constitute legal advice. For a specific case, consult a lawyer.