Q: Three months ago I purchased a recliner armchair for €650. After only two months of use I noticed a small tear in the seam on the back of its covering fabric. I immediately complained with the seller and also showed him photos of the tear. The shop’s manager told me that the tear must be due to wear and tear and that the guarantee only covered the motor and electrical parts of the armchair.

I find it difficult to accept that an armchair costing €650 could develop a tear through wear and tear within two months of use. Due to my insistence, the shop manager agreed to send someone to inspect the damage.

In the meantime, I would like to know if the limited guarantee quoted by the supplier is according to law and what kind of remedy I am entitled to.

A: The Consumer Affairs Act stipulates that traders are liable to provide a free remedy to consumers when a product purchased turns out to be defective and the defect becomes apparent within two years from the delivery of the goods purchased.

The law states that the goods purchased must be as described, fit for purpose, and show the quality and performance that are typical to goods of the same type. The law does not exclude any parts of goods but it does not cover damages caused by misuse or that are a result of frequent use.

In this case, since the armchair has been bought less than six months before it developed the damage, the law states that “unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery”. Hence, the trader must present proof that the tear on the armchair has been caused through misuse or wear and tear before refusing to provide you with a remedy.

As to remedies, you may, in the first instance, request that the damage is repaired free of charge. If opted for, the repair must be done well and after the repair the armchair should look as good as new. If repair is not possible, then you may ask for a replacement.