Q. I bought an air cooler from a teleshopping programme for €49.90. On TV, this product was advertised as very good at cooling the area around it. However, when I went to pick it up, the seller told me that I need to pay attention how I handle the air cooler so that the water inside it does not spill over. When I came home and switched on the air cooler, I noticed that even with a very slight movement, the water inside it gets spilled. Apart from that, the air cooler is not very effective at cooling the room. Even though I followed the guidelines in the booklet provided, the room where I used the air cooler did not cool as advertised on TV.
I would like to know if I am entitled to return the product to the seller and request a refund?
A. As a consumer, you have the right to be provided with goods that comply with the description given by the trader and possess the characteristics, features and qualities of the goods which the trader has promised or has shown or otherwise held out as a sample or model. Hence, in view of this legal requirement, if you have proof that the air cooler is not working as advertised on TV, you may request a free remedy from the seller. You may, in the first instance, request that the air cooler is replaced by a product that has the characteristics advertised on TV. If the seller cannot provide you with such a product at no additional cost, you may then choose to cancel the sales contract and request a full refund of the money paid. Should the seller refuse to provide you with a suitable remedy, you may then lodge a formal complaint with the Office for Consumer Affairs.