Everyone loves a bargain. This is why sales are popular, with consumers ready to queue for hours to purchase items that may have been too expensive before sales make them more affordable.
However, a product purchased at a reduced price could turn out to be defective. In such cases consumers may hesitate to go back to the shop and request a remedy or compensation. This is especially true when consumers remember seeing signs in the shop stating clearly that sale items cannot be exchanged or returned.
In actual fact, and regardless of any signs, consumers are entitled to the same statutory rights with goods bought during a sale as when buying non-sale goods. This means items bought during a sale still have to be as described and fit for their purpose.
Hence, if a sale item turns out to be faulty, consumers still have the legal right to request one of the remedies the Consumer Affairs Act grants. These remedies take the form of either free-of-charge repair or replacement, or when this is not possible or may cause significant inconvenience, consumers may even request a part or full refund.
These rights do not apply if the item consumers want to exchange or return is not faulty. Change of mind situations are not protected by consumer law. Therefore, consumers have no other option but to rely on the retailer's exchange or refund policies.
It is advisable for consumers to check out these policies before every purchase, as these may change during the sales period. This rule does not only apply during sales but all year round. Consumers are never legally allowed to change their mind and then expect a solution.
Consumers' legal rights also do not apply when purchasing shop-soiled items. Some goods are marked down because of a fault, such as missing buttons or a broken zip. Where such flaws are pointed out, consumers cannot complain afterwards. If, however, a different defect develops, then consumers have the same rights as if the product was purchased at its original price.
A shop's return policies may vary during sales. If, for instance, the provision of credit notes is the store's normal practice, it may well suspend this during sales and, in actual fact, is entitled to do so when there is nothing wrong with the goods purchased.
Whenever there is a change in policy, this should be explained to the consumer before any purchase is made. However, retailers should be careful when placing signs such as 'No returns on sales goods', as these can mislead consumers into believing that even if the goods turn out to be defective, they cannot be returned. In fact, such notices have no legal effect.
When consumers return an item bought before the sales, if no other remedy but a refund is possible, the refunded price should be the price the consumer paid at the time of purchase, and not the discounted price. In such situations, it would be useful to show the receipt as proof of what the consumer paid for.
Besides having good knowledge of their rights, during sales consumers should also do some homework before starting their shopping. Even during sales, consumers should still shop around and compare prices of similar products across different stores in order to have a much better chance of spotting a good bargain.
Consumers should never get carried away when shopping, looking out for items they really need and ending up buying goods only because the prices are lower. It is also advisable to keep all the receipts. Should the product purchased result defective, shops would seek proof of purchase before providing free repair or replacement, or before accepting to give a refund.
Consumers should also be careful not to fall victim to bogus bargains, whereby it is claimed that goods are sold at a reduced price when they actually are not. If a shop is making comparisons with previous prices, the previous price should be the last price at which the goods were made available before the sales period.
It is also misleading and henceforth illegal for a shop to advertise a 50 per cent sale on all items, and then inside one finds items that are either non-sale or are not discounted by 50 per cent.
Such misleading practices can be reported to the Consumer and Competition Department, which can take action against traders who provide false or misleading information that is likely to deceive the average consumer into a wrong buying decision.
Ms Vella is senior information officer, Consumer and Competition Division.