The Consumer Affairs Act does not regulate the amount at which various products or services can be sold, or the profit sellers can or should make when selling goods.

Traders are obliged to exhibit a sample of every good stocked- Odette Vella

This is to allow competition between traders and service providers, so that consumers can buy at the best possible price. It is, in fact, our responsibility to shop around for the best price and best value for money.

What consumer law regulates, through the Price Indication Regulations, is how retailers should display their prices. These regulations safeguard our right to clear and accurate indication of prices, so that we can freely compare prices and make informed buying decisions.

Appropriate price indication ensures that consumers can compare prices between different brands of the same products in a particular outlet and also with other outlets.

Sellers are first and foremost obliged to ensure that displayed prices are accurate. More specifically, prices must be indicated unambiguously, easily identified and clearly legible.

These obligations also apply to products displayed in shop windows. Furthermore, the price indicated must be the same as the price charged at the cash point. This also applies to special offers and sales prices.

It would be considered misleading if the price indicated is incorrect. The Price Indication Regulations also provide that prices are displayed in euros and include VAT and any other taxes or charges.

Mistakes can, however, happen. This means that a seller may inadvertently indicate a wrong price which may be lower than the one charged at the cash point.

When such mistakes occur, we do not have the automatic right to buy the goods at the displayed price. It is, however, our right to be informed by the seller about the mistake and we should be offered the option not to buy the product.

Traders are also obliged to exhibit a sample of every kind, size, and type of brand of goods stocked, and these must all have a marked price on them. If there is more than one item of the same kind, size or brand, it is legally sufficient to show the price on or near just one item, such as on a label on the edge of a shelf where the product is displayed.

Two prices should be indicated on products sold by weight or volume.

One of these prices should display the actual price of the product for a given quantity, such as 200 grams of cheese.

The other price should be the unit price, which means the final price for one kilo, one litre, one metre, one square metre or one cubic metre of goods. These two prices are needed because when we buy goods by weight or volume, it is only by comparing unit prices of different products that we can really decide between one brand and another.

This rule also applies to pre-packed goods in pre-established or variable quantities. With pre-packaged solid products presented in a liquid medium, the price per unit shall refer to the weight of the solid food without the liquid in which it is contained.

Products that are exempt from price indication include goods supplied for the purpose of reselling; goods sold at an auction; goods provided in the course of a service; and also works of art and antiques.

In terms of services, there is no legal obligation on the part of the service provider to display a price list. However, to avoid any possible misunderstandings and eventual complaints, before providing a service, traders should inform us of the total cost of the service, including taxes.

It is also our responsibility to protect ourselves from unpleasant surprises by requesting a quote of the cost involved before purchasing a service.

When prices are not displayed according to the Price Indication Regulations, consumers can contact the Enforcement Directorate within the Office for Consumer Affairs, so that the necessary legal action can be taken.

Non-adherence to these regulations amounts to an offence and if found guilty, shop owners are liable to pay a fine of not less than €116 and not more than €1,163.

In the case of a second or subsequent conviction, shop owners can also have their trade licence suspended for a week. The trader or person employed is bound to ensure full compliance with these regulations.

odette.vella@mccaa.org.mt

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

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