When goods arrive late or damaged

There are basically two situations that require goods to be delivered to our house.

Whatever disclaimer the seller may include it is unenforceable- Odette Vella

One is when we buy goods through a distant means of communication, whereby we do not physically meet the seller, such as when we place our order via telephone, an order form or through the internet.

The other situation is when we buy goods from a shop: in this case, either because of the nature of the goods, such as when these are bulky, or when the goods are not currently available, we will need to place an order and have the goods delivered to us.

We need to make a distinction between these two situations because different consumer rights apply accordingly.

When we order goods and these are not delivered by the time specified in the contract of sale, legally we may opt to cancel the sale and ask for a money refund.

If the sales contract does not specify a particular delivery date, and we have not received our goods within a reasonable time, we need to be aware that goods bought through distance selling must be delivered within a maximum period of 30 days.

If this deadline is not met by the supplier, the latter may suggest an alternative date of delivery, but we are not obliged to accept this date. Instead, we can ask for a full refund.

On the other hand, goods ordered from a shop do not have a statutory time limit by when they should be delivered. The law in this case only refers to ‘a reasonable time’.

Hence, where there is no delivery date specified in the contract of sale, it is advisable to reach an agreement on an acceptable alternative date and try to have this date confirmed in writing.

Goods ordered may arrive damaged or broken. It is the seller’s responsibility to ensure that the goods reach us in perfect condition.

Whatever disclaimer the seller may include in the sales contract, it is unenforceable, because the seller is liable for any damages that may occur to the goods before these arrive on our doorstep.

Whenever possible, it is important we examine the goods before signing any delivery note. With some items, we may be asked to sign and confirm the goods have arrived in a good condition.

When we feel satisfied with the delivered goods, we can sign such a form, but should we feel we need more time to check the goods, we should request more time.

Most sellers usually grant a period of time during which we can inspect the delivered goods and report any damages. Such a deadline is usually written, black on white, as one of the terms and conditions in the contract of sale. While it is our responsibility to observe such a deadline, the time stipulated by the seller should be reasonable.

Once the goods ordered are delivered to us, the sales contract is finalised and there is no way back. In other words, we cannot change our mind and send the goods back to the seller, unless the goods are defective or not according to the contract. But if the seller has a return policy, this will allow us to exchange the goods or cancel the sale. The situation would be different if the goods are bought under a distance-selling contract.

In this case, we would have a cooling-off period of at least seven days if the goods are bought from a European trader, and 15 days when goods are bought from a local trader.

During this time, which starts on the day the goods are delivered to us, we can change our mind, cancel the sale and get a refund of the money paid. We do not need to give any reason why we changed our mind and decided to cancel the sale.

When we decide to exercise our cancellation rights, the Distance Selling Regulations stipulate that we should be refunded our money within a maximum period of 30 days from the day we inform the seller about our intention to cancel the sale. In these circumstances, the trader can ask for payment for returning the goods.

info@mccaa.org.mt

odette.vella@mccaa.org.mt

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