Q: I would like to know what rights I have in this case I’m putting forward. A few days ago, I bought a portable 12,000 BTU air-conditioning unit to be used in a particular room in my house.

Before the sale was made, I provided the seller with the room’s measurements and he advised me which model I should buy. In actual fact, the model I was sold was the only model the seller had in his shop.

Now that I have started using this air conditioner I am not satisfied with its performance as it is not cooling the room. In fact, there is barely any difference in temperature when the air-condition is switched on. In other words it is not cooling the room as the seller promised me during the sale.

I would like to know if I have the right to return the air conditioner to the seller and ask for a refund?

A: When a product purchased by a consumer is not as described by the trader or is not fit for the particular purpose for which the consumer needs it and made known to the trader at the time of sale, the Consumer Affairs Act provides consumers with the right to request a free remedy from the seller.

Since, in your particular case, the portable air conditioner is not cooling the room, as promised during the sale, unless this problem can be resolved by the seller, legally, you can request the seller to replace it with one that is fit for purpose.

In case such replacement is possible, you should not incur any additional costs. If a replacement is not an option because the seller does not have a different model, then the law gives you the right to cancel the original contract of sale and request a refund.