Leather sofa complaint

Q: Two-and-a-half months after buying a leather sofa, I noticed that various parts of it were ripped. I immediately got in touch with the company where I purchased this sofa from and was told it would send someone over to take photos.

After three weeks, someone finally came and took the photos. In the meantime, I did not use the sofa. I was with the people when they took the photos and overheard someone saying that the leather was thin. After a week of not hearing any news from the supplier, I called again and I was told that we caused the damage. Therefore, the supplier did not feel it had to provide any compensation.

I explained that I would never complain if I had caused the damage and that I couldn't understand how I could damage the sofa by simply sitting on it, especially since I do not have children or pets.

What are my rights in such a situation?

A: According to the Consumer Affairs Act, the goods consumers purchase must be free from defects and in conformity with the description and specifications in the contract of sale. Moreover, goods bought should also be fit for a purpose. This means that consumers must be able to use them for the purpose one would normally expect from a particular type of product, or any other purpose the consumer has told the seller he would use the product for. Therefore, a sofa is meant to be sat upon. Therefore, any damage caused by such action proves that the sofa is unfit for the purpose it was bought for.

Unless proved otherwise by the trader, since the sofa's defect occurred within the first six months of purchase, the trader is obliged to either repair/replace the product free of charge. If, on the other hand, the consumer had the goods for more than six months, but not longer than two years, the consumer can still ask the trader to repair/replace them if something goes wrong. However, at this point, it is up to the consumer to prove that the goods were faulty at the time of purchase.

If the trader opts for repairs, this should be done within a reasonable period of time and without causing any significant inconvenience to the consumer. If the repair turns out to be impractical and could cause quite an inconvenience, the consumer can refuse it and ask for the goods to be replaced instead.

If neither repair nor replacement are possible, the consumer may ask for a refund of part of the price or revocation of the contract.

Should the trader refuse to provide you with these remedies, you should seek the assistance of the Consumer and Competition Division by calling freephone 8007 4400.

Ms Vella is senior information officer, Consumer and Competition Division.

customer@timesofmalta.com, odette.vella@gov.mt