Is the trader right?

Very often, as consumers, we find ourselves in situations where we are not sure if traders are telling us the truth about what we are legally entitled to or if they are simply trying to avoid legal obligations.

In these circumstances, the best way to protect ourselves is to know what our legal rights are. Practical examples can, in fact, help us understand more clearly where our consumer rights could be breached and adhered to.

Sometimes when we purchase a product which turns out to be defective, the retailer tells us he is not responsible and that we should contact the agent or manufacturer directly. In reality, the Consumer Affairs Act considers the seller of the goods liable for any non-conformity in line with the contract of sale.

Even if the commercial guarantee names the agent or manufacturer as the guarantor, as consumers we can still opt to use our legal rights and ask the seller to rectify any faults. The manufacturer is only liable if the purchased product turns out to be unsafe and we are either injured or suffer damages due to the defective product.

Another common scenario is when the trader refuses to give us a refund and instead offers us a credit note. The law states that if a product proves to be defective and can neither be repaired nor replaced, we may request part or full refund of the money paid.

Even if repair or replacement is possible, if it can only be carried out by causing us a significant inconvenience, we have the option of refusing this solution and insist on getting our money back. No customer care policy can take away these legal rights.

In cases where customers change their minds, traders are right to dictate their own terms and conditions on how exchanges could be made. In this case, the law cannot be applied and we have to abide by what traders tell us.

The only exception is when we buy goods through distance communication, such as over the phone, internet or from a catalogue. In these circumstances we are legally entitled to a cooling-off period, which temporarily gives us the option of changing our mind about the product purchased and ask for our money back. The only expense we might be asked to cover is the direct cost of returning the goods to the seller.

Another common doubt is when we purchase goods that are covered by a commercial guarantee, which is shorter than two years.

The question that comes to mind is, what happens once the guarantee expires? Are traders right when they say that once the commercial guarantee expires they are no longer responsible for the goods? The answer is no.

Commercial guarantees are over and above our legal rights. The remedies granted by the Consumer Affairs Act can be claimed within the two-year time limit from the date of delivery of the purchased product. However, the law also specifies that if we take back the faulty goods within six months of buying them, the trader must accept they were faulty at the time of sale and offer to repair or replace them.

Should traders not accept that the goods were faulty, it is up to them to prove this. If, on the other hand, we already had the goods for more than six months when they result defective, we can still ask the trader or replace them. At this point though, it is up to us to prove that the goods were faulty at the time of purchase.

During sales, we are also often faced with the misleading statement that goods purchased during this period cannot be returned. What, however, we are not always informed about is that such a policy can only be applied in cases where customers change their minds.

This statement does not apply in case of faulty goods. Legally, we are entitled to the same rights when buying goods on sale as when we buy items that are not. However, if the price has been reduced because an item was damaged, or if the fault could be easily seen and we should have noticed it on inspection, we cannot complain about the damage after the sale.

Deposits also raise a number of questions and disagreements with traders. Very often, we have the wrong impression that should we change our mind, we are entitled to at least either claim back part of the deposit or to request a credit note.

In actual fact, a deposit is a payment that indicates an intention to purchase a product or service. Should we change our mind, unless it has been agreed otherwise with the trader, we are not legally entitled to claim back our deposit.

Most contracts, in fact, specify that the retailer is entitled to retain the deposit, or part of it, if the consumer fails to go ahead with the transaction. As consumers, it is in our best interest to be well informed about the conditions upon which the deposit is being paid before such payment is effected.

Whenever we find ourselves in situations whereby we find it difficult to believe what traders tell us about what we are legally entitled to or not, the best way is to double-check with the Consumer and Competition Division. By calling 8007 4400, you can obtain the necessary information to avoid mistakes and unnecessary hassles.

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

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