[attach id=259117 size="medium"]The Consumer Rights Directive extends the time window during which consumers can withdraw from an online sales contract from seven to 14 days.[/attach]
Buying with confidence was the main focus of discussion at a recent seminar organised by the Malta Competition and Consumer Affairs Authority (MCCAA) at the Mediterranean Conference Centre, Valletta.
The second in a series of five information seminars being organised to further educate consumers and traders about their rights and obligations, the seminars are an integral part of the MCCAA’s awareness campaign, which is part financed by the EU.
The topics discussed during the seminar included: distance and doorstep selling in Malta and the UK; the European Consumer Centres; product safety and market surveillance; and consumer guarantees.
Minister for Social Dialogue, Consumer Affairs and Civil Liberties Helena Dalli opened the seminar, stressing the importance of enhancing consumer confidence, especially when shopping online.
If consumers are not given clear information about their purchase, the right to return the product may be extended to up to one year- Consumer Rights Directive
She quoted the Consumers’ Conditions Index, which placed Malta second among EU member states with regard to online shopping. To further encourage European consumers to feel confident and purchase what they need from anywhere within the European single and free market, Dr Dalli said the European Commission had proposed a common set of regulations – the Consumer Rights Directive.
This directive, which will come into force next year, stipulates that if consumers are not given clear information about their purchase, the right to return the product may be extended to up to one year.
There is also an emphasis on price transparency. Furthermore, the directive extends the time window during which consumers can withdraw from an online sales contract from seven to 14 days.
These regulations should encourage more cross-border shopping, as they assure consumers of the same legal rights across all EU member states. Dr Dalli said the new government was committed to enhance consumer protection by more investment in education.
Distance and doorstep selling
Consumers’ rights when purchasing goods and services from distance and doorstep sellers were explained by Josephine Borg, director of information, education and research within the Office for Consumer Affairs.
Ms Borg said the Distance Selling Regulations give consumers special protection through the cooling-off period, which allows consumers to change their mind and cancel the sale.
In case of goods, the right to cancellation is valid for 15 days from the date when these are delivered to consumers. In the case of services, the cooling-off period starts from the conclusion of the contract.
When consumers decide to exercise their cancellation rights, the trader is obliged to reimburse any amount paid by the consumer, as soon as possible, or within 30 days. The only charge that may be made to the consumer is the direct cost of returning the goods.
Ms Borg also discussed in detail the rights consumers have when buying from a doorstep seller. Even these kind of purchases are covered by a cancellation period of 15 days, which starts from the date of conclusion of the contract. Furthermore, as with distance selling, consumers must be given all the necessary information on the sale before it is concluded.
Distance and doorstep selling were also discussed by Radhia Karaa, a barrister at the Office for Fair Trading in the UK. Besides explaining specific sections of the distance and doorstep selling regulations, Dr Karaa also spoke about actual disputes and court decisions in these kinds of purchases.
European Consumer Centres Network
How European consumers feel when they buy goods/services from another European country was tackled by Claude Sammut, manager, European Consumer Centre Malta.
Mr Sammut explained the function of the ECC-Net, which is a joint action by the European Commission and member states, aimed at increasing consumer confidence in the European Single Market.
There is an ECC office in all 27 member states, as well as in Norway and Iceland. The main function of these offices is to provide information to consumers on cross-border purchases and to help them with any complaints they may have with a business in another member state.
Where ECC involvement does not lead to an amicable solution with the trader, consumers will be advised on how to access an appropriate national Alternative Dispute Resolution (ADR) entity and/or propose other options for solving the problem, such as the European Small Claims Procedure or the European Order for Payment Procedure. By using these tools, consumers may avoid the normal court procedures, which can be lengthy and costly.
In 2010/2011, the ECC-Net compiled a report on consumer complaints handled by this network, where it transpired that delivery issues and defective products and services were the main source of consumer discontent.
To help consumers avoid these and other problems, the report also provides a check list of tips to avoid online traps.
Product safety and market surveillance
Michael Cassar, director of market surveillance at the Technical Regulations Division, provided information on product safety and on the role played by the division in ensuring that only safe products are placed on the Maltese market.
If unsafe products are found, the Market Surveillance Directorate has the authority to order their withdrawal from the market through product recalls. This office has also the authority to publish public warning statements on dangerous products and actions taken.
Mr Cassar also spoke about CE marking. There are specific rules on when and how the CE mark should be affixed.
Consumer guarantees
Irene Bonello, legal advisor at the Office for Consumer Affairs on enforcement of consumer protection legislation, explained and discussed consumer guarantees.
Dr Bonello started her presentation by focusing on the Civil Code and how this protected buyers in cases of latent defects. Subsequently, she explained the rights consumers are entitled to under the Consumer Affairs Act, which stipulates that the goods consumers buy must be in conformity with the description and specifications in the contract of sale.
When this is not the case, the trader is liable to provide a remedy to the consumer, which can be repair or replacement or a reduction in price or cancellation of contract.
The time limit for consumers to request such remedies is two years from the delivery of goods.
When making a request for remedy, consumers have the responsibility to notify the trader of any lack of conformity in writing within two months from when lack of conformity is detected.
Dr Bonello also explained how commercial guarantees must provide additional benefits and should not adversely affect the legal remedies available to consumers. A commercial guarantee must always be given in writing and must provide information on who is responsible for the guarantee, what it covers and what remedies it provides.
Those who attended the seminar had the opportunity to ask questions and discuss with the speakers their doubts and queries on the various legislations.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.