Q: I bought an item from a local shop, which stopped working while still under the guarantee. I contacted the seller and was promised that the defective item would be replaced with a new one as soon as it would be in stock.

After a month, I called again since I never heard from the seller and was informed that he had lost the licence to distribute the brand’s products, so he couldn’t provide me with a replacement. He gave me the contact details of the new agent and asked me to deal with them for a replacement. Does he have the right to do so?

A: If the commercial guarantee is in the seller’s name, he is legally responsible to provide you with a remedy and not the new agent. Furthermore, if the item was purchased less than two years ago, then the legal guarantee still applies and, legally, it is the seller who must provide you with a free solution.

In this case, it is the responsibility of the seller to deal with the new agent and provide you with a replacement. If a replacement is not possible, then you are entitled to a refund.

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