Q: A year ago my parents bought a new sofa from a local seller. Over the past year the sofa developed several damages and the seller agreed to replace it with a new one. My parents have been offered the possibility to change the damaged sofa with a different model and pay the difference in price. If they choose to do so, will the original guarantee continue or are they entitled to a new guarantee with the new sofa?

A: When a product turns out to be defective and is replaced free of charge under guarantee, both the legal and commercial guarantee do not start again but the original guarantee continues.

Consumers are, however, entitled to an extension of the guarantee for a period equal to the time during which the trader had the goods, or part of the goods, in his possession to execute the guarantee.

This rule may also be applied when consumers voluntarily opt for a different model as a replacement and agree to pay the difference in price.

If, however, the defective sofa cannot be replaced with a similar one, and your parents agree to accept a different model and pay the difference in price, in this situation, they are advised to negotiate with the trader to be provided with a full guarantee for the new sofa.

If the trader refuses their request, then they should not accept a different model and may instead request a money refund. Once they are issued with a refund, they can then make a new purchase which will carry a full guarantee.