Refund for jacket bought in 'Sale'

Q: I bought a very expensive jacket from a shop in Valletta, but after I arrived home I found the inner lining was torn. When I complained to the shopowner about this he told me he can only give me a credit note for the value of the jacket because the company's policy is that discounted goods sold in a sale are not refundable. I want my money back. What can I do?

A: Under the Consumer Affairs Act, goods purchased should be of satisfactory quality and performance to the extent that consumers can reasonably expect of goods of the same type. This means that goods should be of reasonable quality taking into account what they are meant to do, their durability and price.

Since your jacket does not meet these conditions, you may refuse to accept the credit note and seek a replacement or refund. Remember that when you buy goods in a sale you have the same rights as when you pay full price for the goods, so the seller may not legally insist on a credit note.

It is important in a case such as this to act as soon as possible, as a delay could be interpreted as indicating that you accepted the faulty goods.

You should always begin with informal ways to solve the problem, as issues can often be remedied by contacting the retailer.

If the retailer will not help even after you have put your complaint in writing, or if you are not happy with the final offer, you may contact the Consumer Affairs Directorate within the Consumer and Competition Division for mediation and amicable settlement.