Q: I bought a doll from a local toyshop. Before buying it I checked its box to see what it does. On the box it was written that the doll says 15 phrases in two languages. Therefore, I decided to buy it. However, when I took the doll out of its box I noticed that it only says three different phrases and not 15. I thought the doll could be defective so I returned it to the seller.

At this point, the seller told me the doll only says three phrases because it was not the original model. He also told me that I should have realised that as it only cost €16. I argued that I expected the description on the box to match the toy inside it. The seller offered to take back the toy while I could choose something else or accept a credit note. I asked the seller to refund me half the price of the doll and allow me to keep it, as my daughter wanted it. The seller refused my request.

What are my rights in this situation?

A: Since the purchased doll did not match the description on its box, the law gives you the right to a free remedy. In the first instance you may ask to have the doll replaced with one that matches the description of the box at no additional cost. If this is not possible, because the seller does not have such a doll for sale at the same value, then you may ask for a cash refund.

Hence, since the seller does not seem to be able to replace the doll, you should insist on a refund and not accept a credit note. If the seller refuses, then you may lodge a complaint with the Office for Consumer Affairs.