Q: I am thinking of buying a new television set from an online EU seller. What are my legal rights? Should I decide to go ahead with this purchase?

A: Since you are going to buy from another EU country, you have the same consumer rights as when you buy a product from a local trader. The two-year legal protection in case of non-conformity or hidden defects applies.

Should this happen, you will also be entitled to a remedy, either repair or replacement. When these two remedies are not possible or may cause you significant inconvenience, you may also be entitled to cancel the sale and claim back your money.

Q: Regarding the commercial guarantee, is the local agent who sells the same brand in Malta responsible for providing me with free repair or replacement should a problem crop up?

A: It all depends on what is written on the document of the commercial guarantee. If the commercial guarantee specifically states that the local agent is the guarantor, should a problem arise he should honour the guarantee. My advice is to check the terms and conditions of the guarantee, and if anything is unclear, clarify it with the seller before buying the television.

Q: Will I incur any charges when the television set arrives in Malta even though it is from the EU?

A: No, you should not incur any additional charges than those on your contract of sale.

Q: What is the difference between trader warranty and a commercial guarantee?

A: These are two types of guarantees the trader/retailer gives to customers when purchasing certain types of products. Whenever a trader gives a guarantee, the important thing is that it is given in writing and the terms and conditions of the guarantee are clear and unambiguous.

The most important difference is that between the trader’s guarantee and the legal guarantee. While the trader’s guarantee is given voluntarily and its conditions may vary according to the type or brand of product purchased, the legal protection that the Consumer Affairs Act gives applies to any kind of product purchased.

This protection gives consumers the right to request a remedy if the good bought is not in conformity with the description and specifications in the contract of sale. The length of this protection is two years from date of delivery of the purchased product, but it does not cover defects that result from normal wear and tear or faults that were apparent at the time of purchase.