When we travel and decide to make a purchase, we need to remember that our consumer rights may differ from those in Malta. This is especially so if we are travelling outside the EU.

If we are visiting another EU member state and buy a product that turns out to be defective, our legal rights are very similar to those in Malta. As a remedy, we may ask for the defective product to be repaired or replaced, or if this is impossible, we can ask for a part or full refund.

When faced with a defective product bought from abroad, it would be useful to look at the documents given to us when purchasing the product. The papers may contain information about what to do in case of a complaint.

In such a situation, the first person to complain to is the seller. We may contact the local agent of the product’s brand only if we were given an international warranty, which declares that the local agent is the authorised agent. Such a guarantee should be given to us in writing with any terms and conditions on what the guarantee covers and for how long.

If we don’t manage to obtain the desired remedy, we can contact the European Consumer Centre in Malta and ask for help. ECC Malta is part of a network of European Consumer Centres established in all EU member states, including Norway and Iceland.

These centres help consumers by providing information and assistance with goods/services purchased from another EU country. They can also help us solve our complaint by speaking to the trader on our behalf.

If amicable settlement through mediation proves unsuccessful, ECC Malta can also help us take our case to an Alternative Dispute Resolution body in the overseas country. The objective of these consumer centres is to achieve a situation whereby European consumers feel as confident when shopping in another EU country as they do when shopping back home.

When we travel to countries outside Europe, before making a purchase, we should remember that our rights depend on the laws of the country where the trader is based. If we have a problem, and complaining to the trader is not enough, then our next step is to try and contact a consumer complaints organisation in the country where the purchase was concluded.

To protect our purchases, especially when these are from a foreign trader, one very important precaution is to obtain as much information as possible about the foreign seller. We should know the name of the person we’re dealing with and where the trader can be contacted.

If the product we’re about to purchase has a number of functions, we should ask the seller to provide us with a manual on how it works and how it should be maintained. We should also make sure that the manual is in a language we understand. Such instructions, together with the contract of sale, should be kept handy just in case we need to refer back to them.

odette.vella@mccaa.org.mt

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

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