Defective emergency light

Q: Ten months ago, my mother bought an emergency light. During the purchase I was with her and personally asked the salesperson about the guarantee. The salesperson only gave us an instruction sheet, where he wrote the date of purchase and told us the guarantee did not include the battery.

A few days ago, the emergency light started switching on even though the main electricity supply was still on. I decided to take the light back to the shop, so I asked my mother if she had kept the original box it was in.

She gave me a box I had used when I went to the outlet to complain. The first thing the shop owner told me was that the box did not belong to his shop. While my mother insisted it was the only box she had, I argued that the box was not important.

The shop owner then said the guarantee did not cover the battery. I pointed out that the battery was still working, as the diodes were lighting up efficiently. It was the timing that, apparently, had stopped working.

At last, the seller agreed to show the light to his supplier. I have already phoned twice and was told the supplier is unwell and had not yet called at the shop.

Could you clarify what my rights are in this situation? What can I do if the owner keeps insisting that the box does not belong to the light and hence try to get the upper hand?

Furthermore, my mother did not keep the receipt. However, she paid with her debit card and I have managed to trace the transaction from her statements. This transaction clearly shows the name of the shop and the cost. I intend to present this statement instead of the receipt. Kindly advise how I should go about it.

A: The fact that the salesperson did not give you a printed commercial guarantee, with terms and conditions clearly spelled out, means you were not given a seller’s guarantee with the emergency light.

However, you should be aware that regardless of whether or not we are given a commercial guarantee with the products we buy, the law protects us for up to two years from the date of delivery, in case the product purchased is defective or is not in conformity with the contract of sale.

The law does not exclude anything from this protection. Hence, in your case, the law does not allow the seller to exclude the battery.

As more than six months have passed since you bought the emergency light, you may be requested to prove that the product was defective at the time of purchase. It all depends on whether the defect in the emergency light is due to misuse, normal wear and tear or an inherent defect. The first two are not covered by law. If the light had an inherent defect, you will need proof that the batteries’ lifespan is more than 10 months.

The box should not be an issue with the seller. As you rightly said, you could easily have gone back to the shop without the box, because the law does not oblige you to keep the box to claim your legal rights.

The receipt should not be an issue either. As long as you have proof of purchase, the seller cannot refuse to grant you the legal rights you are entitled to.

Should you not manage to reach an amicable solution with the seller, you can file a complaint with the Office for Consumer Affairs. You may call freephone 8007 4400, 2395 2000 or e-mail fair.trading@gov.mt.