Q: I recently bought a €30 doll for my three-year-old daughter as a birthday present. The doll turned out to be defective as it did not do all the movements and sounds it said it could do on its package.

I immediately took it back to the shop. At first, the seller said my daughter might have broken it, but I insisted it wasn’t the case. After a lot of hassle, the seller offered to replace the doll with a new one or a credit note.

However, after having gone through all the inconvenience, I decided I would rather not have anything to do with this seller, and since I had no intention of buying anything else from the shop, I requested a cash refund. Can I insist on a refund?

I am aware that in case of faulty goods, as a consumer, I am entitled to repair, replacement or refund. But, as consumers, do we have the right to choose the kind of remedy we want, or are we obliged to follow the sequence of repair, if possible, first, then replacement, and ultimately a refund?

A: Consumers do not have an automatic right to immediately ask for their money back when something is wrong with the product bought. You are legally entitled to have the doll repaired or replaced. Only if neither of these solutions is possible do you have the right to ask for a cash refund.

In terms of the order in which remedies should be given to consumers, the law clearly provides that unless it is impossible or disproportionate, the consumer may, in the first instance, require the trader to repair the goods or else to replace them.

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.