A consumer, who purchased a pair of boots during sales, noticed that the zip of the left boot was defective at home. She did not notice this defect at the shop because she only tried the right boot on. When the consumer returned with the boots to the shop and asked for a money refund, the seller refused such a request and instead offered to repair the zip for free.
The tribunal considered that the defective zip was not a hidden defect and that the consumer had the possibility to examine the boots for any apparent defects prior to purchasing them. It also considered that the seller was willing to repair the defective zip.
After taking into consideration the consumer’s and the company representative’s statements during the sitting, and also the evidence presented, the arbiter denied the consumer’s claim for a refund and instead ordered the seller to repair the boots’ zip at no cost to the consumer within two weeks from the date of the sentence.
The arbiter also ruled that each party should pay their own expenses of the tribunal sitting.
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