Q: I bought a polo shirt for my husband as a gift. The following day, I had to return it to the shop because when he tried it on, we noticed that the collar was slightly damaged.

When the sales assistant tried to exchange it, we noticed that all the other polo shirts of the same model had damaged collars. Upon seeing this, I asked for a refund. However, the sales assistant told me this was not possible because the shop’s policy only provided for a credit note.

I did not accept the credit note.

What are my rights? Can I insist on a refund, or it is up to the seller to decide the kind of remedy consumers get in such a situation?

A: Since the polo shirt is damaged and can neither be repaired nor replaced, then the law entitles you to ask for your money back. You may inform the seller that it is not up to them to decide, but it is a legal right you have, which no policy can take away from you.

You did the right thing not accepting the credit note offered to you, because if you did and then changed your mind, you would have lost your right for a cash refund.

If the seller refuses to give you your money back, you may file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.