The festive season is not yet over and shop windows are already advertising sales and discounted prices.
Those who have received gifts they intend to exchange must hurry because once the sales season starts, it may become difficult to exchange unwanted gifts.
Even though exchanging unwanted goods is not a legal obligation for sellers, most are willing to do so as long as customers abide by specific terms and conditions, such as returning goods within a specific time and presenting the gift receipt or fiscal receipt.
Usually, shops do not allow goods to be exchanged during sales because prices are reduced and stock is sold quickly. So one may not find something suitable to exchange for the unwanted item.
Some shops, however, still allow for goods to be returned but limit the timeframe. It is therefore in our own interest to ask about the seller’s return policy before we conclude the sale.
If we know we cannot exchange the goods purchased, we need to be completely certain about what we are buying. At the same time, we should be aware that sellers may only impose their return policies when goods are not defective and are being exchanged because of a change-of-mind situation.
If the goods purchased are defective, sellers must always provide a free solution. In such a situation, consumers are entitled to have the defective goods repaired or replaced at no extra cost.
When neither solution is possible or if opted for will cause a significant inconvenience to consumers, then buyers may request a part or full refund of the money paid for the defective or non-conforming product.
If a situation arises whereby we need to return an item bought before the sales period because it is defective, or if repair or replacement are not possible, the refund price should be the price paid at the time of purchase, not the discounted price. In such a situation, it is useful to show the receipt as proof of the amount paid.
The legal remedies do not apply when products are sold at a discount due to a defect. However, when this is the case, the seller is obliged to inform consumers about the defect.
If this is not done, then the seller is liable to provide compensation for the defect that was not disclosed before the purchase, provided the defect is such that the consumer could not have noticed it through normal inspection.
It may sometimes take a while for the consumer to realise that a product is defective. The law stipulates that consumers should inform sellers about defective or non-conforming goods within two months of finding out about the defect.
The time limit by when consumers can claim for redress is two years from the delivery date.
When shopping during sales, we should be aware that the selling price of discounted products must be clearly disclosed.
The final selling price of a product must always be clearly indicated to consumers, both inside shops and in shop windows. Sales are no exception to this rule. Hence, shops must disclose the original price and discount percentage.
The discount is calculated on the price previously charged at the same shop for the same product, before the sales. If the shop has not charged the original price prior to the sales, using the word ‘discount’ is illegal.
It is also considered misleading and therefore illegal for shops to advertise a 50 per cent sale on everything when, in reality, items inside the shop are not discounted or are discounted by less than 50 per cent.
If when shopping, we encounter misleading practices or are denied any of our legal rights, we can file a complaint with the Malta Competition and Consumer Affairs Authority’s Office for Consumer Affairs.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.