Q: I purchased a cooking appliance through teleshopping. When I cooked chips in it, they did not cook well. I took it back to the seller and complained. After a few days, the seller called me and said he used the product, cooked in it, and that it was working as it should. When I asked what kind of chips he used, he said oven chips.
This detail wasn’t mentioned during the teleshopping sale. Even the booklet of instructions I was given with the product does not specify that one has to use oven chips and not raw potatoes.
I feel I have been misled in buying the product. Since I am still within the cooling-off period, can I ask for my money back?
A: The cooling-off period can only be used to return a product if the latter has not been used by the consumer. The cooling-off period gives consumers the right to change their mind about a purchase, but in the meantime they cannot make use of the product they intend to return.
However, you want to return the product because it is not as described. Therefore, in your case you have the legal right to claim your money back if the cooking appliance does not cook as it was advertised during the teleshopping. It should also match the features and characteristics specified in the manual.
Hence, unless you are not using the cooking appliance properly, you can ask the seller to replace the product with another appliance that actually cooks as the teleshopping advertised. If such replacement is not possible, then you may cancel the sale and ask for a refund.