Non-delivery of online ordered goods

Q: I recently purchased a new mobile phone from an Italian-based company. The same day I placed my order, I received a confirmation e-mail, verifying that my order had been processed and accepted. The website states that delivery to another European country takes up to 14 days.

Since then, three weeks have passed and I still have not received my phone. I have also checked my credit card and found that the money was withdrawn. Am I entitled to cancel the order and ask for my money back?

A: According to the Distance Selling Regulations, consumers have special protection whenever they make a purchase and in the process do not physically meet the seller. Terms and conditions of online contracts are binding on both seller and consumer.

In your case, the seller has committed himself to you, saying that within 14 days you should receive your mobile phone. As this condition was not honoured, the seller is in breach of contract and you are therefore entitled to cancel your contract and demand a full refund.

Your complaint and request for redress is best done in writing. So the first step is to contact the seller either by e-mail or by writing a letter stating your case. If you do not receive any satisfactory response from the seller, you should contact the European Consumer Centre in Malta for assistance.