Are we really aware of our consumer rights? Do we really know it all? Do we settle for anything the seller tells us when a problem crops up or do we tend to ask for more than what we are entitled to?

In any case, it always pays to know what our legal rights are, and what remedies we may request when things go wrong.

The most common myth is believing that if we change our mind about a purchase, we are automatically entitled to a refund. This is wrong. The reality is that the law does not give us the right to change our mind when we buy an item on the high street.

We would only be entitled to such a refund if we have made a pre-sale agreement with the seller or the seller’s return policies actually allow such refunds.

If we intend to use the seller’s return policies, it is important that we are fully informed of any terms and conditions attached to them, such as returning the unwanted goods within a specific time, presenting the fiscal receipt or keeping the original labels and packaging.

Sellers are only obliged to provide a remedy if there is a problem with the product bought. Products sold must be as described, of satisfactory quality and fit for purpose, and should meet any specific purpose that we have agreed to with the seller.

If this is not the case, we may request a remedy, which may be repair or replacement, or part or full refund.

To claim one of these remedies, the seller may ask us to present the fiscal receipt. If we no longer have the receipt, we may supply a bank or credit card statement as proof of purchase.

Once the item is six months old, it may be our responsibility to show that it failed as a result of a manufacturing fault

We are also often confused whether it is true or not that our purchases are covered by a two-year legal guarantee. The answer is yes. Every country in the EU must ensure that a retailer can be held liable for all ‘non-conformities’ occurring within two years from the date of delivery of the product purchased.

This applies as long as the product purchased has not been misused by the consumer and is reasonable to expect it to last longer, considering its cost or quality. Moreover, once the item is six months old, it may be our responsibility to show that it failed as a result of a manufacturing fault.

A common excuse by retailers upon returning a defective product is that it is the manufacturer’s responsibility and not theirs. According to the Consumer Affairs Act, if the product purchased develops a fault and, legally, we are entitled to redress, the person who should provide the remedy is always the seller.

Sometimes we think a deposit paid can be claimed if we change our mind. This is not true. A deposit is a payment that indicates an intention to purchase a product or service. If we change our mind, the supplier is not obliged to give us back the deposit.

As consumers, it is in our best interest to be informed about the conditions upon which the deposit is being paid before such payment is actually made.

With gift vouchers, very often we think that if we do not find anything to our liking, the gift voucher can be redeemed for cash.

This is never the case. In fact, most gift vouchers have terms and conditions attached to them, such as an expiry date, which we are obliged to observe; otherwise we may lose the voucher.

Another misconception is that we may have fewer rights when prices are reduced during sales or promotional offers.

This is not the case. Sale items must also be in conformity with the contract of sale. Unless the seller has specified that the product has a particular problem before we made the purchase, products bought must be free from defects; otherwise we are entitled to a free remedy.

When in doubt about our consumer rights, we may contact the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.

Information is the best tool to avoid mistakes and unnecessary hassle.

It is a fact that well-informed consumers stand a better chance of successfully asserting their legal rights.

odette.vella@mccaa.org.mt

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

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