What should we ask for?

When we purchase a product that is either defective or not as agreed at the time of sale, we usually complain to the retailer and ask to have the product replaced or for our money back.

These solutions are sometimes also opted when we realise we have made a wrong buying decision and wish to rectify this. But in actual fact, what are our legal rights? And how do these rights vary from one situation to another?

A replacement or refund can only be legally claimed when we either notice a fault in an item or when it is not in conformity with the contract of sale. When this happens, we should complain immediately and demand a solution.

If the shop has notices claiming that no exchanges are possible or that no refunds can be given, these should be ignored, as they only apply to situations where people change their minds and thus cannot take away our statutory rights.

Even though we usually opt for a replacement or refund, the retailer may offer us a repair instead, especially if a repair may easily correct a fault. When repair is opted for it should be carried out well and without causing us any inconvenience. If the retailer repairs the product but after a while the same problem crops up, we may refuse to have the product repaired again and instead ask for a replacement or a refund.

When a replacement is offered we should be provided with a similar product. We should not be asked to pay extra for a replacement, and if we freely opt for a cheaper product, we are entitled to the difference in value.

In situations when not even a replacement is possible, a refund is what you should opt for. Sometimes retailers try to avoid giving cash refunds and instead offer credit notes. When we are legally entitled to a cash refund, we can refuse the offer of a credit note and insist on getting our money back. If, however, we accept a credit note, we cannot change our mind after, for example, finding out it has a short expiry date or realising there is nothing in the shop that we like.

When a credit note is offered instead, even though there is nothing wrong with the goods, we should be thankful and accept it. When we simply change our mind, shops are free to apply their customer care policies, which we have to adhere to.

Fortunately, this is not a one-off situation and happens quite often. Whenever we are given a credit note, it is our responsibility to go through the terms and conditions and check what restrictions apply. To avoid any misunderstandings and doubts, these conditions should be written on the credit note.

Special attention should be given to the expiry date and also whether there are any particular periods when it cannot be used, such as during sales. Care should also be taken not to lose the credit note, because if this happens we do not have legal rights.

customer@timesofmalta.com

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

odette.vella@gov.mt