Traders who sell goods to consumers need to know the Consumer Affairs Act obliges them to deliver goods that are in conformity with the description and specifications in the contract of sale. In other words, the goods consumers buy should comply with the description given by the trader and possess the characteristics, features and qualities the trader has promised or shown through a sample.

Sold goods should also be fit for the particular purpose for which the consumer requires them and which the consumer had actually in-formed the trader during the sale.

When any of these criteria are not met, traders are legally liable to provide a remedy. According to the Consumer Affairs Act, the remedies available to consumers are either to have the goods repaired or replaced, or else to request a part or full refund of the money paid for the product.

However, before having the right to request a money refund, consumers are first entitled to require the trader either to repair or replace the non-conforming goods. Should these remedies be insufficient, or, if opted for would cause the consumer a significant inconvenience, then the consumer may legally request a money refund.

These remedies are available for two years from the date of delivery. However, upon noticing a problem with the goods, consumers are legally obliged to notify the trader in writing within two months.

The law also stipulates that if the goods are less than six months old when the consumer brings them back to the trader as faulty and asks for a repair or replacement, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed they were faulty. If the trader does not agree, it is up to the trader to prove otherwise.

In case the consumer has had the goods for more than six months when they go wrong, the consumer can still ask the trader to repair or replace them, but the consumer may have to prove the goods were faulty at the time of purchase.

Retailers are legally responsibile to provide redress when goods go wrong. Even if the commercial guarantee names the agent or manufacturer as the guarantor, consumers can still ask the seller to rectify any faults. The manufacturer is only liable if the purchased product turns out to be unsafe and consumers are either injured or have suffered material damages due to the defective product.

Traders have no legal obligations when the consumer changes his or her mind or makes a wrong buying decision. However, out of goodwill and for the sake of good customer care, traders may still try and help their customers and offer them the possibility to exchange wrongly chosen items. Offering a credit note or money refund is obviously even better.

Consumers appreciate and value good customer care. Not only do they become loyal customers but they also encourage friends and families to purchase from customer-friendly establishments.

Traders who allow their customers a certain flexibility should ideally establish a policy and stick to it. In this way they would ensure all customers are treated equally. Consumers should also be clearly informed about these policies especially where time limits are set for returning unsuitable goods.

Should traders decide to change their goodwill policy during 'sales' periods, customers should be clearly notified. Failing to do so may tarnish a trader's good reputation.

Any business transaction carried out between consumers and traders entails certain rights and responsibilities and is in the interest of both parties to be aware of them. While consumers may waste their hard-earned money if they do not take a number of precautions, traders put their reputation at risk if they fail to honour their legal responsibilities, and this may lead to fewer customers and loss of profit.

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

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