Thanks to ongoing information and education campaigns, consumers are becoming more and more aware of their legal rights and are better empowered to demand what the law grants them.

The goods consumers buy should comply with the description given by the trader- Odette Vella

It is also in the best interest of traders to be aware of and adhere to their legal obligations. Apart from the fact that it is good business practice to give consumers what they are legally entitled to, doing so could also save traders a lot of hassle and negative word-of-mouth advertising.

According to the Consumer Affairs Act, traders should deliver goods that are in conformity with the description and specifications in the contract of sale. The goods consumers buy should comply with the description given by the trader and possess the characteristics, features and qualities promised or shown through a sample.

Sold goods should also be fit for the particular purpose for which the consumer requires them and which he had actually informed the trader during the sale. Besides this, goods should also be fit for all their normal purposes.

When goods turn out to be faulty and where consumers are not to blame for the fault or lack of conformity, traders are legally liable to provide a remedy. The legal remedies available to consumers are to have the goods repaired or replaced, or a part or full refund of the money paid for the product.

However, before having the right to request a money refund, consumers are first entitled to ask the trader to repair or replace the non-conforming goods. Should these remedies result insufficient or cause a significant inconvenience, then consumers may legally request their money back.

These remedies are available for two years from the date of delivery. However, upon identifying a problem with the goods, consumers are obliged to notify the trader in writing within two months.

Consumer law also stipulates that if the goods are less than six months old when a fault is discovered, consumers do not have to prove that they were faulty at the time of sale. It is assumed that the goods were faulty.

If traders do not agree, it is up to them to prove otherwise. After the first six months, it may be up to the consumer to prove that the goods were faulty at the time of sale. This for instance may be achieved by obtaining an expert’s report.

Retailers should always bear in mind that, legally, as the final sellers, it is their responsibility and not the manufacturer’s, to provide redress when a transaction goes wrong. Even if the commercial guarantee names the agent or manufacturer as the guarantor, consumers can still opt to use their legal rights and ask the seller to rectify any faults.

The manufacturer is only liable if the purchased product results unsafe and consumers are either injured or have suffered material damages due to the defective product.

Traders have no legal obligations when a consumer changes their mind or makes a wrong buying decision. However, out of goodwill, traders may still try to help the customer and offer them the possibility to exchange wrongly chosen items.

Offering a credit note or money refund is obviously even better. Ideally, good will return policies are written down and clearly explained to consumers. This would ensure that consumers are treated equally. Consumers should be clearly informed by when returns are accepted by the shop.

Furthermore, if any of the returns’ terms and conditions are changed during sales or special offers, customers should be clearly notified before a sale is concluded. Failing to do so may generate bad feeling and can even destroy a company’s good reputation.

Whenever a sale is finalised, it carries with it rights and responsibilities that both seller and consumer should be aware of and abide by. While consumers may waste their hard-earned money if they do not take a number of precautions, traders can put at risk their hard-earned reputation should they fail to honour their legal responsibilities. This may lead to fewer customers and loss of business.

odette.vella@mccaa.org.mt

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