Q: I am a foreigner who came to Malta with my son for a holiday. A few days ago I went to a local shop to buy a pair of sports shoes for my son. After purchasing them, my son tried them on again and we realised they were not good for him.

I went back to the shop to return them and to choose something else but did not manage to find a good size for my son. At this point, I asked the salesgirl for a refund but she told me that it was not possible.

She offered me a credit note which I can use at their shop. I asked when the new stock would come and was told that new models would arrive in three months’ time.

I need to buy a pair of shoes for my son now and not in three months’ time. I insisted on a refund but the salesgirl told me, legally, this was not possible.

Is this true and what can I do in this situation?

A: Since the shoes you bought for your son were not defective but you made a wrong buying decision, legally the seller is not obliged to provide you with a remedy.

Hence, by offering you a credit note the seller is giving you more than what they are legally obliged to do.

Unless you manage to reach an amicable understanding with the seller, the Office for Consumer Affairs cannot request the seller to give you your money back.

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