Most consumers go shopping without knowing what legal rights they have if they encounter problems. Consumers buy products and services they need and only worry how the law protects them when problems arise.

To avoid unnecessary hassle, shoppers are urged to arm themselves with knowledge of their rights before making any purchases.

By law, consumers are entitled to goods that comply with the description given by the trader and possess the characteristics, features and qualities promised by the trader during the contract of sale.

Moreover, goods purchased should be fit the purpose for which the consumer requires them and which would be communicated at the time of purchase. Goods purchased should also be of satisfactory quality and performance. If these criteria are not met, then consumers have the right to ask for a remedy.

These legal rights also apply to goods purchased at reduced prices, such as during sales and similar promotions. In fact, signs in shops that state goods on sale cannot be returned may be illegal, because these may give the impression that the shop’s policy also applies to damaged or defective goods, or to other goods that are not in conformity with the contract of sale. In such situations, the law prevails and consumers may request a remedy, such as free repair or replacement.

Consumers should be aware that shop policies prevail in situations when consumer law does not apply. Cases in point are change-of-mind situations. Fortunately, many retailers are willing to exchange or refund goods even if there is nothing wrong with them, provided consumers have proof of purchase and meet their terms and conditions.

Since such policies are voluntary, these may vary from one shop to another. Therefore, it is in the consumers’ best interest to check what return policies apply if one wants to return a purchased product after realising that they have made a wrong buying decision.

Other situations where the law does not protect us is when goods purchased have apparent defects that could have been easily noted at the time of purchase. It is the consumers’ responsibility to examine goods which are about to be purchased.

Even faults pointed out prior to purchase, for example, on signs or labels, are not covered. Moreover, traders who have informed consumers that the goods they were buying did not meet the description on the packaging or that they were not fit for the purpose the consumer needed them, are also exempt from their obligation to provide compensation.

When consumers buy goods online from a European trader, they should know that the law gives them cancellation rights that allow them a period of time – not less than seven days – to change their mind, cancel the sale and claim back any money paid.

When making such purchases, consumers are advised to look for a full postal address of the seller and for security features, such as a locked padlock at the bottom of the page, and the letter ‘s’ after ‘http’ on the website address.

If unsure about the online seller, the European Consumer Centre’s ‘Ask Howard’ has some useful tips to reduce the risk of purchasing from a scam trader.

Such information can be found on the European Consumer Centre Malta website at www.eccnetmalta.gov.mt/howard.

Consumers are advised to keep the proof of purchase. This could be in the form of a fiscal receipt or any other document that proves what product was purchased, from where and when it was purchased. If items turn out to be faulty, consumers may need some proof of purchase to be eligible for one of the remedies provided by law.

Consumers may obtain more information about their legal rights by calling the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority on 2395 2000 or by e-mailing fair.trading@mccaa.org.mt.

odette.vella@mccaa.org.mt

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