Q: I received some clothes as presents and these were purchased before the sales started.

Unfortunately, the outfits did not fit me well, so I went back to the shop to exchange them.

The sales having started, I tried to find similar items to just exchange the size but the sizes I needed were not available. I therefore chose something else and got the rest of the value as a credit note.

I noticed that the amount of the credit note was less than the original amount paid. When I asked the cashier why, I was told that it is their policy.

As a solution, I was offered the total value of the items spent in a credit note, but was told I would be charged the full price if I chose to buy items reduced in price with this credit note. I would like to know if this is legal and what my rights in this case are?

A: Since the reason why you exchanged the goods was not because they were defective but because they were of the wrong size, legally, the seller was not obliged to provide you with a remedy and hence in such situations, sellers may apply their own return policies.

You would have been entitled to a full refund of the original price if you returned the gift because it was defective and could not be exchanged with a similar product.

Malta Competition and Consumer Affairs Authority
Office for Consumer Affairs
Mizzi House,
National Road,
Blata l-Bajda
HMR 9010

Freephone: 8007 4400
Tel: 2395 2000
Enquiries: info@mccaa.org.mt
Consumer complaints: fair.trading@mccaa.org.mt
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European Consumer Centre Malta
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Tel: 2122 1901
E-mail: ecc.malta@gov.mt