Sometimes the products we purchase are faulty or do not perform as we thought they would.

If this happens, do we have the right to claim a free solution from the seller? Are there any problems or damages that are not covered by the legal guarantee?

First of all, we should be aware that the goods we buy must be as described by the trader, fit for the purpose for which we require them and made known to the trader at the time of sale.

They must be fit for the purpose for which goods of the same type are normally used and must show quality and performance normal in goods of the same type. If these conditions are not met, then we are legally entitled to a solution.

What is not covered by law are damages caused by the consumer through misuse or accidentally. If, however, we incorrectly in­stalled a product due to shortcomings in the instructions supplied by the trader, the legal re­medies are still applicable.

Problems that result from normal wear and tear may also be excluded. Whether or not a problem has been caused by ordinary wear and tear is usually determined by the type of goods, when these goods were purchased and how much they were used.

Defects of goods sold as seconds may also not be legally covered. However, when we make such purchases, we should make sure that any defects/damages are clearly indicated by the seller.

The law stipulates that consumers are not entitled to a legal remedy if before the purchase they were aware the product they are about to buy was damaged or did not conform with the contract of sale. If, however, after the product is purchased, other faults develop, we may be entitled to ask the seller to put things right at no extra expense.

The goods we buy must be as described by the trader

If we are convinced that our claim for a remedy is legally justified, then we should speak to the seller and ask for the defective product to be repaired or re­placed. We should only ask for our money back when neither repair nor replacement are possible solutions or, if opted for, may cause us a significant inconvenience.

If speaking to the trader is not enough to obtain an acceptable solution, we should put our complaint in writing. We should keep in mind that the trader must be informed of any lack of conformity in writing within two months from the date we detect the problem.

Such notification must be sent to the trader by registered mail. In the complaint letter, we should indicate a reasonable time by when we expect to receive a reply from the trader.

If the trader does not meet our request for a remedy or we do not hear anything from him, we will need to take our complaint a step further. We should contact the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority to register our complaint for mediation.

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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