Q: Six years ago I purchased a plastic table for outdoor use for €250. I took good care of this table and stored it in its original packaging during the winter months. Last summer when I took it out from its box, I noticed that a large area of the table had faded in colour. I contacted the seller where I bought it from and complained about the matter. The seller wrote to the manufacturer in Italy but their reply is that since this did not happen during the duration of the two-year guarantee, they cannot offer me a free remedy. The manufacurer is stating that six years is the expected lifespan of the product I bought.

After considerable pressure from my side, they offered me a 25 per cent discount on items I might buy from them to a value of €250.

Do I have any rights in this particular case?

A: The Consumer Affairs Act gives consumers the right to request a remedy within two years from the date of purchase of the defective or non-conforming product. Hence, since the table was bought six years ago, legally you have no right to claim a free remedy from the seller – unless you have a commercial guarantee that is still valid. In that case, you would be able to claim a remedy as stipulated in the commercial guarantee.

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

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