Q: Four months ago I purchased an electric toaster from a local shop. Its plastic recently started to melt and the toaster is getting worse every time it is used. Since it is still under guarantee, I took it back to the seller, who promised me he would refer the problem to the agent. The latter is refusing to repair or replace the toaster as he is claiming that the damage is cosmetic and that is not covered by the guarantee. He also accused me of putting something on the toaster that might have caused this problem. This is not true.

I would like to know what my rights are and who should provide me with a solution, the seller or the agent?

A: The person who is legally responsible to provide you with a free remedy is the seller not the agent. Hence, your claims for a free repair or replacement should be made directly with the seller. In this particular situation, since the toaster was purchased less than six months ago, any claims that you have caused the damages have to be proved by the seller before refusing to provide you with a remedy. Thus, unless you have really damaged the toaster through misuse, legally, you can persist with your claim for a free remedy.

You may file a complaint with the Office for Consumer Affairs if the seller refuses to provide you with such a remedy.

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