Q: About 12 months ago, we bought a genuine leather sofa from a local shop. Two weeks ago, we noticed that the seam underneath the armrest tore and the leather has split upwards. We are 100 per cent sure that we did not cause the damage by any sharp objects. We think this is a manufacturing defect.

The sofa’s guarantee states: “The company warrants the leather against tearing and splitting for two years from the date of purchase. This warranty does not include coverage of claims for wrinkling or natural markings from injuries to the hides, variations in grain or colour variations resulting from the natural features of the leather. These are simply proof that only genuine cowhide has been used. Damage caused by burns, cust, animals or other form of abuse are expressly excluded from this warranty.”

Upon checking the sofa, the company confirmed that the damage was caused by holding to the armrest while trying to stand up or moving on the sofa. The company does not want to take any responsibility. We think that since we paid nearly €4,000 on this good-quality sofa, we expect it not to tear just by trying to lift yourself up from it.

Do we have a right to have the sofa fixed for free?

A: According to the Consumer Affairs Act, goods purchased must be fit for the purpose for which goods of the same type are normally used and must show the quality and performance normal in goods of the same kind.

Hence, if the sofa tore up by simply holding to the armrest to stand up, you may insist with the seller to have it repaired free of charge. To refuse to provide you with such a remedy, the seller must prove that the damage was caused by some kind of misuse.

If you do not manage to reach an amicable understanding with the seller, you may file a complaint with the Office for Consumer Affairs.