Q: I purchased a shower head from a local retailer and lately it is not functioning properly. The item is still covered by the guarantee. When I tried to return it to the seller, I was advised to pursue the matter with the supplier. It feels like the seller is brushing off all responsibility.

Shouldn’t the shop from where I purchased the item be responsible for the guarantee and chase the supplier on my behalf?

A: To verify who is responsible for the commercial guarantee one needs to refer to the actual guarantee given when the shower head was purchased. If the guarantee names the supplier and not the retailer as the person responsible, then you will need to contact the supplier to have the commercial guarantee honoured. If the commercial guarantee does not specifically name anyone as the guarantor, then it is the seller who is responsible for the guarantee given.

Furthermore, you should be aware that as a consumer the law protects your purchase, and this protection is valid for two years from the date of purchase. The law provides specific remedies when the goods turn out to be defective or do not conform to the contract of sale.

The law specifically stipulates that the person responsible for providing the legal remedies consumers are entitled to is the seller of the goods. Hence, according to the Consumer Affairs Act you may hold the seller responsible to solve the problem with the shower head and he will have to either repair the item or provide you with a replacement. This applies even if the commercial guarantee names another trader as the guarantor.

If the seller still refuses to provide you with a solution, you may then file a complaint with the Consumer Affairs Office within the Malta Competition and Consumer Affairs Authority.