Q: I bought a TV last August from a local seller, but after a few weeks I noticed it had a defect. After I contacted the seller and sent them some pictures showing the defect, they immediately agreed to replace the TV. But as they did not have the same model in stock, we agreed that they would order a replacement. The promised delivery date was between four to five weeks, but after five weeks it still did not arrive. When I complained with the seller, I was informed that they are having issues with the supplier because of COVID. At this point, the seller offered me a different model which is more expensive but I do not want to spend more money. Last week, I asked the seller for a refund but I did not receive a reply. Am I eligible for a full refund?

A: Consumer legislation stipulates that when a product turns out to be defective, consumers are entitled to either have the goods repaired or replaced, or to cancel the contract of sale and request a refund.

While consumers should first request the seller to either repair or replace the goods free of charge, if these two remedies are not possible, or if opted for may cause a significant inconvenience to consumers, then a refund may be claimed.

Since in your case, you have already waited five weeks for the replacement and the seller is unable to give you a date when the new TV can be delivered to you, if this delay is causing you a significant inconvenience, you may opt to cancel the sales contract and claim a full refund.