Q: I have been selling leather goods for a number of years and was never informed that I am obliged to issue a guarantee on the goods I sell, mainly wallets and stationery items, such as briefcases.

A year ago a consumer purchased one of my briefcases worth €80. Last month he complained its lock wasn’t closing properly so I had to take it to third parties and have it repaired for him. I was charged €25 for the repair. When I presented the receipt to the consumer, he did not want to pay for the repair. He threatened to take legal action and claimed that the product should have been under guarantee. Kindly note that in this particular case the briefcase’s lock had been functioning well for almost a year and that repair on it was needed due to constant usage or due to too much weight carried.

I would like to know if it is true that these kind of goods carry guarantees locally, as the Italian supplier is claiming that they don’t.

A: The Consumer Affairs Act stipulates that all goods consumers purchase are legally protected by a two-year guarantee. This is not optional and hence traders cannot decide whether they want to give it to consumers or not.

The legal guarantee gives consumers the right to claim a free remedy if the goods purchased do not conform to the contract of sale. The law states that the goods consumers buy should comply with the description given by the trader during the sale and must possess the characteristics, features and qualities the trader has promised or shown through a sample.

Sold goods should also be fit for the particular purpose for which the consumer requires them and which he had informed the trader about during the sale. Furthermore, goods should also be fit for all their normal purposes. When this is not the case, consumers are entitled to claim a free remedy – which could be repair or replacement of the defective product – or if such remedies are not possible, then consumers may opt to cancel the sale and ask for a money refund.

With regards to the briefcase complaint, if its lock broke due to some kind of misuse or due to wear and tear, then legally such damage is not considered as a latent defect and hence in this particular case the consumer may not be entitled to free repair.