Our legal rights are not affected by sales. They are neither reduced nor diminished because items are discounted. In other words, we still have the legal right to request a free remedy if a product purchased during a sale is defective or is not in conformity with the contract of sale.
What changes during the sales period are usually the goodwill return policies of retailers. During sales, we tend to get carried away and end up buying products because we think we are making a bargain, but then change our mind and want to return or exchange them.
In such situations, we do not have any legal rights and have to rely on the goodwill of the retailer. During sales, some retailers may opt to restrict or suspend their return policies. If this is the case, it is important that consumers check about applicable return policies before concluding the sale.
In case the seller informs us that the purchased product cannot be returned if we change our mind, we should make sure that we are convinced of our purchase, because if we are not, we may end up wasting money instead of making a bargain.
If we are informed that we can return the goods bought, it is important to ask about the conditions of return, such as the deadline, in what condition the products should be returned and what kind of remedies the shop offers.
As consumers, we should remember that if a product purchased at a reduced price is defective, the seller cannot restrict our legal rights through return policies. When goods are defective or are not in conformity with the contract of sale, the seller is responsible to provide consumers a free solution.
During sales, we tend to get carried away and end up buying products because we think we’re making a bargain
The problematic goods must be repaired or replaced at no extra cost. If neither option is possible, or if opted for, may cause us a significant inconvenience, then we may request a part or full refund of the money paid for the defective or non-conforming product.
If the defective product was purchased before the sales kicked off, and neither repair nor replacement are possible, the amount refunded to consumers should be the price paid at the time of purchase, not the discounted price. In such situations, it would be useful to show the receipt as proof of the amount paid.
Sometimes, goods sold at a reduced price are described as seconds or shop soiled. If this is the case, we should be careful and check out what defects these goods have before proceeding with the purchase. If we decide to continue with the sale and another defect eventually appears, the seller is still liable to provide a remedy for the hidden defect.
When shopping during sales, we should also be aware that the selling price of discounted products must be clearly disclosed. The final selling price of a product must always be clearly indicated to consumers, both inside shops and in shop windows. Sales are no exception to this rule. If, during sales, we come across any misleading practices or are somewhat denied any of our legal rights, we can file a complaint with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt
Ms Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.