When we’re on holiday, we are very often tempted to buy anything that attracts our attention. Especially if we think we will get good value for our money.
Even though we are usually aware that buying from foreign traders carries certain risks, the idea of saving money is extremely tempting.
However, we should not forget that if the product purchased turns out to be defective, we might encounter some difficulties to get an effective and prompt remedy, since the trader is physically very far away.
So when shopping abroad it is wise to take some precautions to safeguard our consumer rights.
One such important precaution is to obtain information about the seller, such as the name or the company being represented, and a postal address and telephone number where the trader can be contacted.
If something goes wrong with the product purchased, we will definitely need this kind of information. If the product we are about to buy has a number of functions, we will also need a manual on how the product works and how it should be maintained.
The instructions on how to use the product and the terms and conditions of the sale should be kept handy just in case we need to refer back to them.
If the product we are interested in buying is usually sold with a commercial guarantee, we should ask about this guarantee.
If the seller offers us or agrees to give us a commercial guarantee, then it should be given in writing and should include information about what the guarantee covers and how long it applies for.
We should also check whether the guarantee is valid for Malta and whether there is a local agent authorised to honour the commercial guarantee. If this is the case, such information together with the name and contact details of the local trader, should be given to us during the sale.
When we buy goods overseas, be aware that should the product purchased be defective, it is the consumer protection laws of the country from where the product was bought that apply.
If the purchase was made from a EU member country, then we can pretty much put our minds at rest because our legal consumer rights do not vary much from one member state to another. Across the EU, the same basic consumer rights apply.
Wherever we are within the EU, goods bought should be of satisfactory quality, fit for the purpose described, as agreed with the trader, and should also match any samples we are shown. If this is not the case, then most probably we are entitled either to a repair or a replacement.
If these two remedies are not possible or prove to be significantly inconvenient to the consumer, we may opt for a part or full refund of the money paid for the non-conforming product.
If, on the other hand, we are about to purchase goods or services from outside the EU, we should be more careful, and before spending money, we should make sure we are informed what to do in case a problem crops up.
Even when it comes to problem-solving, it is much easier if the trader resides in an EU member country.
Thanks to the European Consumer Centres (ECC) spread all over EU member countries, when we submit a complaint with a foreign European trader, we can use our local centre, ECC Malta, and file a complaint there. So we won’t need to go back to the country where we bought the product from to enforce our rights.
When we seek the help of these centres, we will not only be provided with information on our rights in specific European countries, but we will also be assisted in reaching an amicable solution with the foreign trader.
If amicable settlement through mediation proves unsuccessful, ECC Malta can also assist us to take our case to an Alternative Dispute Resolution Body in the overseas country.
Indeed, the objective of these consumer centres is to achieve a situation wherein European consumers feel as confident when shopping in another EU member state as they do when shopping in their home country.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Consumer and Competition Department.