Q: Four months ago, I bought a chaser tool from a shop. To date, this tool has stopped functioning twice. On both occasions, the seller opted to repair it for free. When I went to pick up the tool after the second repair, I asked to see that it was working properly.

As the sales person turned it on, it was clear that the tool had not been repaired.

I was told that they would check it again, and I was asked to go to pick it up a few days later.

What are my legal rights? Can I ask for a replacement instead of another repair?

A: If the tool purchased is intended for personal use and is therefore not intended to be used for purposes related to trade, business, craft or profession, then your purchase is covered by the Consumer Affairs Act. This law covers consumers’ purchases for up to two years from the date the product purchased is delivered to consumers. Legally, consumers are entitled to a free remedy if the product purchased is defective or not in conformity with the contract of sale.

The first remedy opted for is usually repair. However, since the chaser has already been repaired twice in the past four months, legally you may ask to have the tool replaced with a new one.

If a replacement is not possible, or if opted for may cause you a significant inconvenience, then you may ask for a refund.

Should the seller refuse to provide you with any of these remedies, you may then file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.

One of our complaints officers will mediate with the seller and try to obtain an amicable settlement.