Complaints relating to the purchase of furniture are quite common. The most frequent problems usually concern delivery dates, deposits and missing or damaged components.
If we want to avoid these problems, we should know what our legal rights are and also assume a number of responsibilities.
First of all we should keep in mind that buying a piece of furniture is a big commitment as it usually involves quite a lot of money. Sometimes, such a purchase also involves a credit agreement with the seller whereby the cost of the furniture is spread over a number of payments.
We should never forget that once we make an agreement with the seller and sign a contract, this becomes legally binding and there is no way back. We cannot simply change our mind and expect the seller to agree with our decision to cancel the sale and, if we paid a deposit, also give us our money back. Cooling-off rights only apply when we buy goods through a distance means of communication such as via internet, over the phone, or by mail order.
Before signing any order form, we must ensure everything agreed upon is written in the sales contract, including a clear and detailed description of the furniture ordered, delivery date and total amount and how payments will be made.
If we need the furniture by a specific date or for a specific occasion, this should be made clear to the seller before the sale is concluded. In these kind of contracts, we may also include a clause stating that if the ordered furniture is not delivered by the agreed date, the trader will be charged a penalty until the goods ordered are delivered.
We should also know that if the delivery date is not honoured by the trader, we have the legal right to terminate the contract and to be reimbursed the deposit.
The deposit is another factor we should be careful about when buying furniture. Since a deposit is usually paid weeks before the ordered furniture is delivered, it is in our interest that the amount of deposit paid is a reasonable percentage of the total price.
We should keep in mind that various problems may crop up before the furniture is delivered to us. For instance, there may be a delay in the delivery or non-delivery. The delivered goods may also not be exactly as ordered, or may be delivered damaged.
In these cases, our strength and the quick solution to our problem will very much depend on how much money we still owe the seller. The company where we purchased the furniture from may also go out of business.
If this happens, it would be very difficult, if not impossible, to get back the deposit paid or actually have the furniture delivered. It is therefore advisable to cling to our money until what we have ordered is delivered and checked out.
We should also make sure a percentage of the total amount is paid after the furniture is delivered and installed at our house.
Before settling the total bill, we should make sure that the furniture is in perfect condition. When this is not the case, the money we keep will give us some bargaining power to obtain a remedy or compensation without unnecessary hassle and waste of time.
When we finally conclude the sale and are asked to sign a contract, we should remember that it is our responsibility to read carefully and understand what we are signing.
Ideally, we request a copy of the contract to take home and read before signing it. We should keep in mind that a sales contract binds us and hence we must adhere to its terms and conditions.
The only exception is when there are unfair terms that actually try to take away or diminish our legal rights. Such terms are illegal and even though we sign for them, they are still not legally binding.
We must not forget that until a sale is concluded, we have significant bargaining power. So if we are not fully satisfied with the contract terms, we can either renegotiate them or simply not accept them. Other traders may be willing to accept our conditions.
Once a sale is finalised and the ordered furniture delivered, we have legal rights if the furniture is damaged or not as agreed to. If this happens, we can request that the furniture is either fixed or replaced for free. We are entitled to our money back when neither repair nor replacement are possible, or if opted for, may cause us significant inconvenience.
Our initial complaint should always be addressed to the seller. If this does not resolve the problem, we can submit a claim to the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.