Q: A year and four months ago we purchased a wall-mounted aquarium from a local seller. We paid €500. A few days ago, we returned home and the aquarium was broken, with glass and water all over the house. We informed the seller about the incident and were told to send photos of the broken aquarium so he can forward the complaint to the supplier.

We invited him to come to our house and personally witness what happened, but he refused to come. We therefore sent him an e-mail with the photos. After a few days, the seller replied that the aquarium is unrepairable and that there is nothing he can do.

Is this really the case? Do we have any legal rights in this situation?

A: Consumer law stipulates that the goods consumers purchase must be fit for the purpose for which goods of the same type are normally used, and must show the quality and performance typical of goods of the same type. When this is not the case, consumers may claim a free remedy.

Since the aquarium was bought less than two years ago, if the damage in the aquarium was not caused by negligence or an accident, then legally you are still entitled to a free remedy.

It is important that you have the proof of purchase to show when the aquarium was purchased. If you have such proof, then you may ask the seller to replace the damaged aquarium with a new one or a refund of your money.

If you do not manage to obtain an acceptable solution, you may file a complaint with the Office for Consumer Affairs.

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