Q: A few weeks ago my father purchased two stone pizza plates/bases from a local seller. These were specifically bought to cook pizzas in the oven. However, when my father used them, the dough remained uncooked, even though he left it in the oven for a long period of time.

He complained about this to the seller, who replaced the plates. Unfortunately, even the new plates were not fit for purpose. I would like to point out that on the plates’ packaging there were no instructions on how to use them but only an indication as to how to clean them and store them.

Since the plates were not fit for what my father needed them for, he returned them to the seller and asked for a refund or credit note. The seller only offered a €10 credit note as a partial compensation and told my father he could keep the plates. This offer was refused as the plates are useless, hence my father is insisting on a full refund.

Is my father right to ask for a full refund?

A: The Consumer Affairs Act gives consumers the right to claim a remedy if the goods purchased are not fit for the purpose for which the consumer requires them and which he made known to the trader at the time of conclusion of the contract. A remedy may also be claimed in situations where the goods bought are not fit for the purpose for which goods of the same type are normally used.

This means that if the pizza plates your father purchased are normally used to cook pizza in the oven, or your father specifically requested these plates with such a function and the seller sold him the non-conforming plates, then legally, since the plates can neither be repaired nor replaced, your father can cancel the sale and request a refund.

Since your father is not managing to resolve the problem directly with the seller, he can file a complaint with the Office for Consumer Affairs.

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