Our rights and responsibilities

As consumers, we are becoming increasingly eager to know more and more about our legal rights and how the law protects us in the various difficulties we might face during our shopping experiences.

Unfortunately, we do not deem important the need to acquire information about our consumer responsibilities. Consumer rights and responsibilities are intertwined. Hence, if certain responsibilities are not acknowledged and put into practice, we may eventually find it difficult to enjoy our rights on a long-term basis.

To ensure the right product is chosen, before going round the shops comparing products, we should first do some homework. Setting a budget based on the type of product needed and also on the length of time we expect the product to last, is necessary to ensure a good choice.

The reason a particular product is needed should be made clear and be communicated to the seller at the time of purchase. This is important because, by law, goods purchased should be fit for the purpose for which they are required.

At the same time, we are legally entitled to goods that comply with the description given by the trader and that possess the characteristics, features and qualities promised by the trader during the contract of sale.

Should this not be the case, we may request a remedy or compensation - repair or replacement, or part or full money refund.

However, we can lose these legal rights if we do not meet our responsibilities. For instance, even though we can legally claim a remedy within the two-year time limit from delivery date, we have the legal responsibility to inform the trader about the defect in writing within two months from discovering the fault. We should, therefore, not waste time and inform the trader immediately.

Collecting and keeping evidence of whatever we purchase is another responsibility. Ideally, we should set up an organised filing system, whereby we keep all documents related to the purchase, especially the proof of purchase.

This could be a fiscal receipt or any other document that proves what product was purchased, from where and the date it was bought. Receipts of gifts should also be kept in case of problems cropping up with the gift, and the shop owner asks for the proof of purchase before accepting to provide some sort of remedy or compensation.

Should the type of product or service about to be purchased necessitate the signing of a contract, it is our responsibility to understand what we are signing. In case of standard contracts, should we not be satisfied with the terms, we should either try to re-negotiate them or simply not accept them.

If, at any point, the contract is amended, it is important that the trader signs any changes made. Before signing a contract, we should also bear in mind that this piece of paper sets out the legal obligations not only of the trader but our own, and these are to be honoured by both parties.

It is also our responsibility to examine the goods about to be purchased. In fact, defects that are apparent at the time of purchase are not covered by law. Faults pointed out by the seller are also not covered.

Moreover, traders who inform us that the goods we are buying do not meet the description on their packaging or are unfit for the purpose they were bought for are not obliged to provide compensation.

We are also responsible for the choices we make and should be sure about our purchase, because if we change our mind the law does not protect us. Some shops do allow exchanges or offer the option of a credit note when exchange is not possible, but they are not legally obliged to do so.

In change-of-mind situations, shops are free to apply their customer care policies which consumers need to adhere to.

When complaining, we must be careful about our attitude. We should never be rude or aggressive, but calm and polite.

Angry behaviour will only make things worse and can work against us.

Even our request for redress or compensation should be reasonable and according to what the law grants.

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

customer@timesofmalta.com

odette.vella@gov.mt