The espresso machine that came back in August

She is entitled to a remedy. The 28-day notice does not decide this case.

First, separate the two legal tracks. The 28-day policy is a change-of-mind policy: it covers a customer who simply changes their mind or picks the wrong model. It cannot shorten or replace the legal guarantee that applies to faulty goods. A notice that tells customers their rights end after 28 days is, at best, misleading and, at worst, an unfair commercial practice that the consumer authority can act on.

Second, the seller is liable, not the manufacturer. The contract was with the shop, and the manufacturer's warranty is an extra layer, not a substitute. Sending her to a service centre in Italy as the only route is not a lawful response.

Third, the order of remedies. For goods that do not conform, the shop must first offer repair or replacement, free of charge, within a reasonable time and without significant inconvenience. Ms Borg may choose between the two; the shop may refuse her choice only if it is impossible or disproportionate - for example, if a repair costs more than a replacement.

A leak that trips a circuit breaker is a safety-relevant fault, so a repair must be a proper repair with a documented test, not a patch, and she should not be asked to accept the machine back while it still trips.

Only if repair and replacement are impossible, disproportionate, or not completed within a reasonable time may she claim a price reduction or cancel the contract and obtain her money back.

Proof of purchase: the law does not demand a specific receipt. The bank statement plus the shop's own till record is enough to identify the sale.

Costs: the shop bears the cost of the remedy, including carriage. The €15 credit and the Italian phone number should not be presented as settling her claim.

Step by step

1. Apologise for the inconvenience and stop presenting the 28-day notice as the answer. Say clearly that the machine is covered and that the shop will deal with it.
2. Look up the transaction in the till system and print the sale record; staple it to a copy of the bank statement. Note the date, model and serial number.
3. Record the fault in the customer's words: leaking from the base, and two occasions of tripping the circuit breaker. Note that there are no signs of misuse.
4. Ask her to choose repair or replacement, and explain both in plain language, including the expected turnaround.
5. If she chooses replacement and one is in stock, exchange it on the spot, test the new machine, and give her a dated receipt showing the replacement so the guarantee position is clear.
6. If she chooses repair, book it in with a job number, give her a copy, tell her the expected date, and do not charge for labour, parts or carriage. The guarantee period is extended by the time the machine spends being repaired.
7. If neither is possible within a reasonable time, escalate to the owner to agree a price reduction or a refund - and do it without making her chase.
8. Log the complaint and the action taken, in case the consumer authority or the owner asks.

Must not

• Must not refuse because there is no receipt, or because it is 'past 28 days'.
• Must not insist she goes to the manufacturer, and must not make the manufacturer's warranty the only route.
• Must not offer store credit as a substitute for a remedy she is entitled to.
• Must not tell her she has no rights, or imply that complaining is pointless.
• Must not discuss the customer or the case with other customers, or leave the faulty machine on sale.
• Must not test the machine on a household circuit in a way that could be unsafe; use the workshop.

The notice. Remove 'Refunds only within 28 days with receipt' as a blanket statement. Replace it with two clear statements: (a) change-of-mind returns within 28 days, with proof of purchase, in resaleable condition; (b) nothing in this policy affects your legal rights for faulty goods, which are covered for at least two years by the seller. Keep the wording short and readable; a policy that overstates restrictions is not just bad practice, it can be a misleading commercial practice that the consumer authority can act upon, with consequences that dwarf the value of one machine.

Till practice. Make proof of purchase easy to find: staff should be able to search the till or card records by date and amount. Keep a simple returns log with date, item, fault and remedy, and keep faulty returns labelled and out of saleable stock.

Training. Brief all staff on the remedy ladder - repair or replacement first, then price reduction or refund - on the seller's liability, on acceptable proof of purchase, and on who authorises a refund. Add a short script for the phrase 'that is not what the law says' and a named person to escalate to.

The ethical point. The €15 credit was offered as if it settled a claim worth €129. Even if it was meant kindly, presenting a small gesture as the answer to a valid complaint exploits a customer's weaker position and her lack of legal knowledge. Goodwill gestures are fine when they are additional to a remedy, offered openly, and never used to get a customer to sign away rights or go away quietly. Trust, and repeat business, are worth more than €15.