Q: A few days ago, I bought a new laptop from one of the leading computer agents in Malta. When I tried to use the USB port by inserting a pen drive, I noticed that the port was faulty.

Do I have the right to ask for a brand new laptop or my money back?

A: In this case, your legal rights are to have the defective USB port repaired or replaced. At this point, you are not automatically entitled to request an entire replacement of the laptop, even though it was bought only a few days ago.

When a product purchased is defective, the law allows the seller to first opt for repair before replacing the defective product. Consumers may refuse repair if it causes them a significant inconvenience, such as when repair takes an unreasonably long time to be carried out. As consumers, we may also opt for replacement when repair proves to be insufficient.

A money refund, and therefore, termination of the contract of sale, may only be requested when neither repair nor replacement is possible or, if it is possible and opted for, may cause us a significant inconvenience.