This is the time of year when many consumers go out shopping to take advantage of the various promotional offers and price reductions.

Consumer rights are in no way compromised during the sales season- Odette Vella

For consumers, the sales period is an opportunity to get more value for money due to lower prices. For retailers, it is a chance to sell old stock quicker and make space for the new collections.

Consumer rights are in no way compromised during the sales season. The fact that prices of goods on sale are reduced does not mean that consumer rights are reduced as well.

During the sales consumers still have the legal right that the goods they buy are as described and fit for their purpose. If the goods purchased do not comply with these standards, then consumers have the right to three potential remedies: they are entitled to have the goods repaired or replaced; and if neither of these two remedies is possible, consumers are entitled to a money refund.

These legal rights do not apply when consumers are informed before the purchase is finalised, that the goods are ‘seconds’ or ‘shop soiled’. But if a different fault develops, consumers have the same rights as if the product was purchased at its original price.

Consumers also have the responsibility to check the goods before finalising the sale. Defects that could have been noticed by consumers during the purchase are usually not covered by law.

Consumers must also make sure they are given the fiscal receipt for every single item they buy. They will need a proof of purchase if a product they buy results defective and want to claim one of the remedies provided by the Consumer Affairs Act.

Consumers should also remember that if an item is not faulty, they need to rely on the retailer’s exchange or refund policies for a solution. When buying during the sales, consumers should not assume that the shops’ returns policies are the same as when buying goods at their original price.

Usually such policies change a lot during the sales period. Hence, to avoid unpleasant surprises, consumers should always ask about the shop’s return policies before buying.

In a situation where the defective items were purchased before sales, and in cases where a cash refund is the only possible solution, the amount refunded should be the price consumers paid at the time of purchase and not the discounted price. In these circumstances, it would be useful to present the proof of purchase to show the amount paid for the defective goods.

Consumers should also be careful not to fall victim to fake bargains, where it is claimed goods are sold at a reduced price when it is actually not the case. If a shop is making a comparison with previous prices, the latter should be the last price at which the goods were available before the sales period.

Moreover, the product must have been displayed at the previous price for 28 consecutive days in the previous six months in the same outlet.

It is also considered misleading and illegal for shops to advertise a 50 per cent sale on everything when, in reality, inside the shop there are items that are either not discounted or else are discounted by less than 50 per cent.

Misleading practices may be reported to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority. This office can be reached on freephone 8007 4400.

customer@timesofmalta.com

odette.vella@gov.mt

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