Q: Six months ago I bought a sofa from a local seller and upon arrival I noticed a tear on the fabric. I informed the seller immediately and sent photos to show the defect. The company acknowledged that it was a factory defect and I have proof of this in writing.

At this point I was informed that I will have to wait two months for the replacement of the defective part as it has to be ordered from abroad. However, to date I am still waiting, and the last reply I got from the seller is that they do not know when the part will arrive.

Now I have asked the company to refund me the money paid for the sofa but they are not willing to do that. I am also willing to accept a partial refund but the company has also refused this request. What are my rights?

A: Consumer legislation provides consumers the right to claim a free remedy from sellers when the product purchased is defective.

The remedy, be it repair or replacement, should be provided without causing a significant inconvenience to the consumer. When this is not the case, then consumers may either request a reduction in price or cancel the sale and request a full refund. The latter cannot be claimed if the product’s defect is minor or insignificant.

In your particular case, if the sofa’s defect is minor you may claim a reduction in price; if the defect is significant you may ask for a full refund. In either case, you need to make your claim to the trader in writing.

If no amicable agreement is reached you can then lodge a formal complaint with the Office for Consumer Affairs.