Buying goods, services from home

When we order goods and services from home, most of the time we do it though a distance means of communication, such as phone, internet, or fax.

As a result, we are not face to face with the seller. In consumer law this is called distance selling.

When we carry out this kind of shopping, we are entitled to additional legal protection. The Distance Selling Regulations impose specific obligations on distance sellers, thus offering added protection to consumers.

Before a distance contract is concluded, the distance seller is obliged to provide consumers with specific information. This information should include the following:

• The identity and contact details of the distance seller;

• A description of the main characteristics of the goods or services for sale;

• The total cost, including any taxes or charges due;

• Delivery costs where applicable;

• The arrangements for payment, delivery or performance;

• The existence of a right of cancellation by the consumer, where appropriate;

• The cost of using the means of distance communication, in cases where it is calculated at a rate higher than the basic rate;

• The period for which the offer or price remains valid;

• Where appropriate, the contract’s minimum duration if it is supplying goods or services on an ongoing basis.

Furthermore, we are entitled to the following information, which should be communicated to us before or at the time of delivery of the goods or service:

• Written information on the conditions/procedures to cancel the distance sales contract;

• The full name and permanent address of trade or business of the trader to which we may address any complaints;

• Information about after-sales services and commercial guarantees; and

• Details of how and when to end a contract, in cases where this is unspecified or lasts longer than a year.

With regard to our cancellation rights, the Distance Selling Regulations give consumers 15 days during which to cancel the sales contract for any reason and get a refund.

In the case of goods, the 15 days start from the date when the goods are delivered to us. With regard to services, the 15 days start 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 15 days expire.

The trader is not only legally obliged to inform us that we have cancellation rights but must also tell us:

• Where we can address any complaints;

• How to cancel our order; and

• Who has to pay for the cost of returning goods. If cancellation occurs in the cooling-off period, the law says this should be paid by the consumer.

If we do not get this information, the cancellation period may be extended up to three months.

Moreover, once a sale is cancelled and the product purchased returned to the seller, the money we pay should be refunded to us as soon as possible, within 30 days from the date of cancellation.

Our cancellation rights do not apply in case of goods made according to our specifications or if personalised; or if the goods are perishable, such as food or flowers.

This also applies to newspapers, periodicals or magazines and unsealed audio or video recordings or computer software. Even contracts for accommodation, transport, catering or leisure services that are arranged for a specific date or within a specific period cannot be cancelled.

The Distance Selling Regulations also regulate the delivery of ordered goods. The items must be delivered, or the service carried out, within the time period specified in the contract of sale.

If no time period is specified, the statutory time-limit is 30 days from the date of order.

When a trader fails to honour his part of the contract, due to, for instance, the goods or services being unavailable, consumers should be informed accordingly and be refunded of any sums paid as soon as possible and not later than 30 days.

In situations where 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 which consumers have not asked for and then ask for payment.

If we need to complain about something we have bought through a distance means of communication, the first thing to do is to communicate with the distance seller.

Ideally our complaint should be in writing so that we have proof of when we complain and why we are not satisfied with the goods or services provided. If we do not hear from the seller or are not satisfied with the response we get, we should file an official complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.