Q: A bracelet I received as a gift is slightly damaged. It was bought on sale; however, it has a warranty with it that states: “This warranty protects your jewel against all manufacturing faults. You have the right to free repair or replacement of the product, subject availability and within 24 months from the purchase date, in the event of breakages and/or production faults that, following careful checks by our technicians, are retained to be the responsibility of the company.”

When I went to the shop to exchange the bracelet, the seller said this was not possible since it was bought on sale. I would like to ask why I cannot ask for a replacement when the bracelet has a two-year warranty?

A: When we purchase products at a reduced price, our legal consumer rights still apply and cannot be diminished by the discounted price.

Therefore, if the bracelet is damaged, even though it was purchased at a discounted price, you are still entitled to a free remedy. Even the bracelet’s commercial guarantee is still valid. Hence, you can ask the seller to either repair the bracelet, if such repair is possible, or to replace it with a new one. If neither repair nor replacement are possible, then you are legally entitled to a money refund.

If the seller refuses to provide you with an acceptable solution, you can file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.

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