Q: We received a complaint from a customer concerning a perfume she received as a gift. She is claiming that the perfume is expired as it smells different. When she provided us with a copy of the receipt, we noticed that it was bought way back in December 2022. Is the customer entitled to receive a replacement even though the 30-day return period has expired?

A: All products that consumers buy from traders are protected for two years by consumer legislation. As a result of this protection consumers are entitled to claim a free remedy from sellers when, for instance, the products purchased are not fit for the purpose for which goods of the same type would normally be used.

The right to a free remedy also applies when the products sold to consumers do not possess the qualities and other features normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods.

In view of this, unless you can prove that the consumer damaged the perfume through misuse, since it is not normal for a perfume to expire and smell differently in such a short period of time, the consumer may request to have the perfume replaced free of charge.

If this remedy is not possible, then the consumer may claim a refund of the money paid.

Want to submit your own query? Write to the MCCAA.