Traders who choose to sell their products via internet, mail order, television, phone or fax are legally obliged to grant customers a cooling-off period during which they have an unconditional right to cancel the contract of sale.
This is a luxury that consumers do not have when they physically buy goods or services from a store. In the latter case, should consumers change their minds, it will be entirely up to the shop owner to decide what customer care policy to adopt.
Hence, in such situations it is always advisable to double check what the returns policies are prior to purchase.
When buying through a distance means of communication or from a door-to-door seller, the law gives consumers the right to change their mind and cancel the contract of sale within 15 days. This period can vary, depending on the European member state from where the product or service has been purchased.
This cancellation period can be extended to three months if the trader does not provide consumers with all the necessary information, such as contact details, a description of the goods or services ordered, prices, including all taxes, delivery, costs, and also information on the right of cancellation. At the latest, this information should be provided when the goods are delivered. In case of doorstep selling, a cancellation form should be provided when the order is placed.
If and when consumers decide to cancel a sale, this should ideally be done in writing, by letter, fax, or e-mail. Consumers do not have to give a reason why, as the law allows them to simply change their mind. The law also stipulates that consumers' money should be reimbursed as soon as possible and within a maximum period of 30 days.
The only charge that may be made to the consumer is the direct cost of returning the goods. The contract of sale should specify who has to pay postage when returning unwanted goods.
There are, however, certain purchases that cannot be cancelled during the cooling-off period. In case of doorstep selling, the right to cancel does not apply if the overall price paid does not exceed €46.59.
With regard to distance purchases, there are some items that cannot be returned. These include goods made to customers' specifications, goods that are perishable or cannot be returned, such as frozen food and fresh flowers, audio or video recordings or computer software that the consumer has opened, newspapers and periodicals, and services that begin, by agreement, before the end of the cooling-off period. Even contracts for accommodation, transport, catering or leisure services that are arranged for a specific date or within a specific period cannot be cancelled.
The cooling-off period is a good safeguard when it comes to distance purchases and 'persistent' door-to-door salespeople, but the best prevention is that consumers should reflect and be sure before making a purchase.
Furthermore, should a particular trader or company adopt an unfair sales practice and denies cancellation rights, or imposes illegal fees and penalties, consumers can contact the Consumer and Competition Division on Freephone 8007 4400 for advice and assistance.
Ms Vella is senior information officer, Consumer and Competition Division.
customer@timesofmalta.com, odette.vella@gov.mt