Q: I bought a pushchair but only a few months later it developed a fault. I reported the problem to the shop assistant who informed me they will discuss the problem with the mother company abroad. Eventually, they told me the damaged pushchair cannot be replaced with the same model but they can offer another model in their shop as a replacement. They also informed me that if I choose a more expensive model, I would have to pay the difference in price. I do not want a different pushchair but when I told the seller I would rather have a refund, they made it clear that it was not an option and that I do not have such right.

I would like to know what my legal rights are in this situation.

A: When a product turns out to be defective within two years from its date of purchase, consumers are entitled to either have the defective good repaired or replaced free of charge, or to a part or full refund. In the first instance, sellers may offer to repair or replace the defective product. If, however, the seller cannot provide these two remedies, or cannot provide them within a reasonable time or without causing a significant inconvenience, then consumers may request an appropriate reduction of the price or a full refund.

Hence, if due to the defect the pushchair is no longer functionable, or cannot be used properly, you may choose to cancel the contract of sale and request a full refund of the money paid. It is important to submit your request to the trader in writing, and if the trader rejects your claim, you may then present a formal complaint to the Office for Consumer Affairs.

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