Q: Three months ago, I was given a handbag as a birthday gift. Two months later, I noticed the bag was torn from its handles. I have only used it a few times, so it cannot be a problem caused by wear and tear.

I took it back to the shop I had bought it from and the seller said he would check with the mother company. This was a month ago. I have already called the shop twice since I have not heard from them. To date, I have not received a reply.

What are my legal rights in this situation?

A: In cases of defective goods, which seems to be your case, the Consumer Affairs Act states that goods should in the first instance, be repaired or replaced. These remedies should be provided for free. Hence, if the seller opts to try and repair the torn handles, you should not be charged anything for the repair.

If, instead, you are offered a replacement, you are legally entitled to a similar handbag, and should not be charged anything for the exchange.

If the model you have is no longer available, you may either decide to choose a different handbag from the same shop, or you may ask for a cash refund.

If, at this point, you are offered a credit note, remember you are legally entitled to receive your money back. However, you are free to accept a credit note.

Should you opt for a credit note, this decision is final, in that once this offer is accepted, you cannot change your mind and request to exchange the credit note for cash.

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