Consumers are becoming increasingly aware of their powerful role when shopping and usually use this power to ensure they get good value for their money.

Consumers’ rights are either to have problematic goods repaired or replaced or a part or full money refund- Odette Vella

Price is certainly not the only factor that determines value, and most consumers know this. To win over competitors and gain consumer confidence, traders need to know what their legal obligations are first and foremost and to set good customer care policies that ensure their customers get not only what is rightfully theirs but even more.

Traders selling goods have specific legal obligations to customers. The Consumer Affairs Act stipulates that traders should deliver goods that are in conformity with the description and specifications in the contract of sale.

In other words, goods consumers buy should comply with the description given by the trader and possess the characteristics, features and qualities the trader has promised or shown through a sample.

Sold goods should also be fit for the particular purpose for which the consumer requires them and which was disclosed to the trader during the sale. Goods should also be fit for all their normal purposes.

Should traders fail to provide goods that are in conformity with what was agreed to during the sale, or should the goods sold be faulty, they are liable to provide a remedy. Within such a scenario, the consumer’s rights are either to have the problematic goods repaired or replaced, or to a part or full refund of the money paid for the product.

The law also states that unless these remedies are impossible or disproportionate, repair or replacement should be resorted to in the first place. The inconvenience of the consumer is also taken into account.

In fact, if the remedy chosen by traders is significantly inconvenient to the consumer, the latter may either require an appropriate reduction of the price or else have the sale cancelled and thus claim back the money paid. This does not apply if the lack of conformity is minor or insignificant.

The traders’ obligation to provide a remedy remains valid if the lack of conformity becomes apparent within two years from the delivery of goods. If within this timeframe a problem arises with the purchased product, the two years are suspended for the duration of the negotiations carried on between trader and consumer with the aim of reaching an amicable settlement.

To be eligible for these legal remedies, consumers are obliged to notify the trader in writing within two months of the date when the lack of conformity was discovered.

The law also stipulates that if goods are purchased less than six months from when the consumer returns them to the trader due to lack of conformity, it shall be automatically presumed that the lack of conformity existed at the time of delivery.

If the trader does not agree, it is up to the latter to prove otherwise. If, on the other hand, the consumer had the goods for more than six months when the problem cropped up, they can still ask the trader for repair or replacement. At this point, however, it may be up to the consumer to prove that the goods were faulty at the time of purchase.

Consumer law specifically holds retailers legally responsible to provide redress when goods either go wrong or are not as agreed to. This is so even if retailers give their customers commercial guarantees that name the agent or manufacturer as the guarantor.

The manufacturer becomes legally liable if the purchased product turns out to be unsafe and consumers are either injured or suffer material damages due to the defective product.

The legal obligation to provide free remedies does not apply in cases where consumers change their mind or make a wrong buying decision. In these situations retailers may apply their own return policies to show customers they care.

Retailers may, for instance, offer the possibility to exchange wrongly chosen items. Offering a credit note or money refund is even better. Consumers appreciate and value good customer care. Not only do they become loyal customers but also spread the word and encourage families and friends to purchase from such establishments.

Customers should be correctly informed about when and what returns policies apply. In this way traders can make sure there are no misunderstandings and that all customers are treated equally.

If or when such policies are amended, such during sales, it is important that consumers are notified about these changes. Failing to do so may generate bad feelings and can even destroy a company’s good reputation.

Traders should also know that when customers buy goods at reduced prices, they are entitled to the same legal rights as when items are not on sale. When prices are reduced because goods are damaged or shop soiled, traders should point this out and inform customers they would not be able to complain of the same defects later.

Any business-to-consumer transaction imposes specific responsibilities that are in the interest of both parties to be aware of and observe. Ignorance of these responsibilities may result in the customer wasting money and the trader facing unpleasant legal consequences.

Traders who do not adhere to their legal obligations can also put at risk their reputation and this may result in fewer customers and loss of profit.

customer@timesofmalta.com

odette.vella@gov.mt

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