Q: A year-and-a-half ago, I bought a sofa from a local showroom. I specifically chose it for its comfort. In fact, at first, I was very happy with it. Problems started after two months – when the sofa started losing firmness. I would like to point out that the sofa was meant to be high-quality and hence it was very expensive.

At first, the seller refused to accept that there was a problem and only nine or 10 months after the first complaint did he accept to take the sofa to an upholsterer. The latter reported that there were problems with the belts not being assembled correctly by the factory. Hence it was a latent defect that was covered by the guarantee.

When the sofa was returned to me, I immediately noticed that it lost its original comfort. I called the seller again and reported the new problem. The seller is now insisting that there is nothing wrong with the sofa and that there is nothing they can do.

What are my rights? Am I entitled to a remedy?

A: If the sofa’s comfort was altered after it was repaired, then the sofa no longer conforms to the original contract of sale.

Since you are still within the two-year legal protection, the law gives you the right to request a free remedy. You may request the seller either to bring back the sofa to its original comfort or if such a solution is not possible, you may request a replacement.

If the seller is unable to replace the sofa, then you may cancel the contract of sale and ask for a refund.

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
Website: www.mccaa.org.mt

MCCAA office hours for the public:
Monday to Friday from 8.30am to 12.30pm

European Consumer Centre Malta
(For complaints against traders in other EU states)

47A, South Street,
Valletta.
VLT 1101

Monday to Friday from 8.30am to 3pm.

Tel: 2122 1901
E-mail: ecc.malta@gov.mt