Our rights when purchasing services

[attach id="256280" size="medium"]In cases of long-term contracts, such as telecommunication services contracts, the agreement may contain specific terms about cancellation, which may include a fixed cancellation charge.[/attach]

As consumers, we purchase as many services as we purchase goods. We may, for instance, engage someone to repair a broken appliance, or have some building work done.

We may also pay for the services of a professional, such as an interior designer or an architect.

Dry-cleaning services are also a common purchase, as are telecommunication services, namely internet, television and telephony. Telecommunication services may actually involve a binding contract for a specific period of time.

Once we confirm an order or sign a contract which defines the purchase of a specific service, there is no way back. Should we change our mind or decide to cancel the service, there may be unpleasant consequences.

If there is nothing in the sales contract that allows us to cancel, then we would have broken the contract with the trader. The consequences of our change of mind may probably entail losing any deposit paid, and the trader may also take us to court and seek compensation for damages our cancellation of the service may have caused him.

In cases of long-term contracts, such as telecommunication services contracts, the agreement may contain specific terms about cancellation, which may include a fixed cancellation charge.

As consumers, we have the right to cancel a service only in specific circumstances, such as when there is a pre-sale agreement specifically agreed with the trader that actually allows us to do so.

The trader may also have a policy of allowing customers to cancel if they change their minds. Usually, such policy is written in the terms and conditions of the contract of sale. If there is no such condition, then the sale cannot be cancelled.

A cooling-off period applies to services bought through distance selling, such as by telephone, e-mail or online, through a website. The cooling-off period is also applicable to services bought from doorstep sellers.

However, if we agree to start using the service before the cooling-off period expires, then our cancellation rights disappear.

When a service is not carried out to our satisfaction, we have the right to seek redress and/or compensation. In case of services that carry long-term contracts, if the service is not as agreed, we may also have the right to stop the contract prematurely.

Services, such as repairs, building work, dry-cleaning and so on, must be carried out with reasonable care and skill. This means that the work must be carried out to the standard of a reasonably competent trader or professional.

If we think the service is unsatisfactory, such as if repair has not been carried out properly because the problem wasn’t solved, or the materials used were not of good quality, or the agreed timeframe was not adhered to, then we should complain immediately and request a solution.

If we do not complain straight away, our delay could be interpreted as having accepted the service, even though it is faulty.

The trader/service provider must always be given the possibility to put things right. This should obviously be done free of charge. Third parties should only be involved if the trader refuses liability or if it is an emergency.

If the problem cannot be solved, or the service provider/ trader refuses liability, we can file a claim for compensation. The amount of compensation should include the cost of getting another trader to put things right and also for any damages suffered due to faulty service or bad workmanship.

If our belongings suffered damages due to shoddy work and need to be replaced, we can claim compensation but might not get back what we paid for or enough to pay for a new replacement. The trader is only obliged to pay us what the belonging was worth when it was damaged. This will take into account how old the damaged goods are, and their wear-and-tear condition.

Should the trader refuse our request for a remedy or compensation, our next step is to seek the help of the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority by lodging a complaint.

If mediation is not enough to reach an amicable settlement, we can opt to submit our case to the Consumer Claims Tribunal.

odette.vella@mccaa.org.mt

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