Online shopping and delivery problems

The ease and convenience of online shopping is attracting an increasing number of consumers. Shoppers can purchase almost everything from the comfort of their own home.

However, despite this increased popularity, there is still fear among consumers that the goods paid for and ordered might not be delivered or might be damaged. Whatever the problem, it needs to be solved as quickly as possible.

Online sellers have legal obligations with delivery. Time periods need to be observed. If not, consumers can cancel their order and claim full refund of any money paid. If, on the other hand, no time period has been specified, the law imposes a 30-day deadline from the date of ordering.

Should the supplier be unable to meet this commitment, the consumer must be informed before the 30 days expire. However, consumers are not obliged to accept this request for delay and can instead ask for a full refund.

With regard to damaged goods, consumers have specific rights. If the goods are damaged in transit, the supplier is liable for compensation. In fact, it is the supplier who has to ensure that the goods are well-protected during transportation. The supplier must also see that the delivery company or courier is aware that the goods are fragile or that they need to be kept or carried in a certain way.

Damaged goods are to be sent back to the supplier at his own cost. If repair or replacement is to be carried out, this should take place within a reasonable time and consumers should not experience any significant inconvenience.

If such inconvenience cannot be avoided, consumers are free to opt for a refund.

Having said that, consumers should also bear in mind that goods ordered online can legally be returned to the supplier even if they are not damaged. Within the cooling-off period, consumers can simply change their mind and claim back their money.

The only charge that may be imposed is the direct cost of returning the goods. Traders are also obliged by law to provide any refund within a maximum period of 30 days.

However, there are some items that cannot be returned, such as made-to-measure goods, audio or video recording or computer software that is unsealed by the consumer, perishables such as food and flowers, and services used by consumers before the cooling-off period ends.

Even contracts for accommodation, transport, catering or leisure services that are arranged for a specific date or within a specific period cannot be cancelled.

Ms Vella is senior information officer, Consumer and Competition Division.

customer@timesofmalta.com, odette.vella@gov.mt