Q: I bought an expensive pair of shoes from a local seller. When I tried on the shoes at the shop I had no socks and they fitted well. When I tried them on again at home with tights, the shoes slipped out of my feet. The following day I went back to the shop and asked if they had a smaller size. Unfortunately, they did not have my size so I asked for a refund. The seller refused because is not their company’s policy to issue money refunds. Instead they offered me a credit note. Am I entitled to a refund?
A: Since the reason why you returned the shoes is not because they resulted defective or damaged but because you chose the wrong size, in such a situation the Consumer Affairs Act does not give you the right to claim a remedy from the seller. Since the shoes cannot be replaced with a smaller size you are not legally entitled to request a refund.
In such cases sellers are not legally obliged to offer a solution to consumers. By offering you a credit note the seller is actually giving you more than what you are legally entitled to.
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