Q: I paid a deposit on a wedding dress but the wedding has been cancelled and I no longer need the dress. I went to the shop and asked the seller if I can use the deposit to purchase something else. The seller signed my deposit receipt with the following wording: ‘Dress cancelled, open credit note’. However, when I tried to use the credit note to buy something else, the seller told me I could only use the credit note to buy a new wedding dress.

Is this true? And what are my rights in this case?

A: When consumers cancel a purchase, the seller is not legally obliged to refund the deposit paid or issue a credit note. Hence, any payments made may be lost – unless before the sale the seller agrees to refund the deposit if the consumer decides to cancel the sale.

If, however, a credit note is issued, then the seller is obliged to honour what is promised on the credit note. Since the credit note you were given specifically says: ‘Open credit note’ and if there is nothing on the credit note that restricts its use on a specific item, you should be allowed to use the money on any item for sale in the shop.

If the seller does not allow you to do so, you may file a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.