Distance selling and consumer rights

We buy goods all the time and do not always opt for traditional shopping – going round shops to purchase what we need.

We sometimes choose to purchase what we need over the phone, or by ordering from a catalogue or via the internet. What we do not realise is that the method we use to shop may affect our consumer rights.

When we shop for a product or service without physically meeting the seller, we should remember that this kind of shopping is regulated by the Distance Selling Regulations, which impose certain obligations on distance sellers and thus offer us added protection.

Distance-selling contracts are those concluded exclusively by ‘means of distance communication’. They cover websites, catalogues, electronic mail, teleshopping, fax, telephone and radio.

Whenever this kind of sale takes place, before we place our order, the trader is obliged to provide us with specific information – which should include the contact details of the trader; a description of the main characteristics of the goods or services for sale; delivery costs where applicable; how the payment and delivery will be made; our right to cancel the sale during the cooling-off period; the period during which the offer or the price remains valid; and, where appropriate, the minimum duration of the contract in the case of contracts for the supply of products or services to be performed permanently or recurrently.

Regarding cancellation rights, the Distance Selling Regulations sets a time limit of 15 days during which we can change our mind and without incurring any penalties cancel the distance contract. We also do not have to give any reason for deciding to cancel the contract of sale.

In the case of goods, the 15 days kick off on the day we receive the goods ordered. With regard to services, the time limit starts from the day the contract of sale is concluded. However, we may not have the right to cancel if we agree that the service commences before the expiration of the 15 days.

This cancellation period may be extended to three months if the trader fails to provide us with written information about our right to cancel the contract of sale and/or fails to provide us with a permanent address where to address any complaints.

Once a sale is cancelled and the product returned to the seller, any money we paid should be refunded. The law specifies that reimbursement should be carried out as soon as possible, and, in any case, within 30 days from the date of cancellation. The only charge we may be obliged to pay is the direct cost of returning the goods.

The legal right to cancellation does not apply in case of goods made according to our specifications or those clearly personalised, such as custom-made furniture. This exception does not apply to upgrading features, such as choosing alloy wheels when buying a car or opting for an add-on memory when ordering a PC.

Perishable goods, such as fresh food or fresh flowers cannot be returned once purchased. This also applies to newspapers, periodicals or magazines and to unsealed audio or video recordings, or computer software.

Even contracts for accommodation, transport, catering or leisure services, which are arranged for a specific date or within a specific period, cannot be cancelled.

Under the Distance Selling Regulations, the goods ordered must be delivered, or the service carried out, within the time period specified in the contract of sale. If no period is specified, then the statutory time limit is 30 days from date of order.

In case the goods or services are different from those ordered, we are entitled to a full refund and the trader must pay the cost of return. If, on the other hand, we receive goods which we did not order, we are not obliged to pay for them or send them back. In fact, it is against the law to send unsolicited goods or provide services we have not asked for and then ask for payment.

As consumers we do not just have legal rights for self-protection. Caution coupled with responsible shopping can make distance shopping less risky. We should first of all carry out research on the company from which we intend to buy.

The more we know about the trader, the better. We should look out for traders with a good reputation because this usually means good customer care and after-sales service.

customer@timesofmalta.com

odette.vella@gov.mt

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