When we buy goods at reduced prices, our rights are still protected by the Consumer Affairs Act.
This means that if we buy a faulty item, we legally have the right to return it and claim a remedy.
Our legal rights cannot be limited by the trader during sales. No company policy can overrule the law. During sales, retailers sometimes display signs saying that items bought cannot be exchanged or refunded. In cases of defective or non-conforming goods, such notices become unenforceable.
We cannot claim compensation in the case of defective goods if we knew about the damage before we made our purchase.
If, for example, a shirt is sold at a reduced price because it has buttons missing and we knew about this before the sale, then we do not have the legal right to claim a remedy. The same applies if we find a fault in an item and ask for a discount. If however, a different defect develops after the sale, the seller is still liable to provide a remedy for the hidden defect.
What usually changes during sales are the shops’ return policies. Shops are not legally obliged to change or refund unwanted items. However, most traders allow customers to exchange unwanted items and sometimes also offer them a credit note or money refund. During sales, these return policies are abolished or restricted to a number of days. When this is the case, retailers should inform customers about the changed policies to avoid complaints.
However, we should always ask the seller if their usual return policies apply on sale items before we buy anything. If returns are not accepted during sales, we should be sure about our purchase or we would be wasting our money.
Consumers cannot claim compensation for defects they were aware of before the purchase
The situation may arise whereby an item purchased at full price resulting defective is returned to the seller during the sales, therefore at a reduced price.
In such a case, we are firstly entitled to having the defective product repaired or replaced. If these remedies are not possible, we may claim a refund of the full price paid for the product.
In such a situation, it would be very useful to present the proof of purchase as proof of how much we paid for the faulty item.
Major price reduction claims should always be taken with a pinch of salt. To verify the genuiness of a sale, we may take note of pre-sale items.
It is against the law for shops to pretend that goods have been reduced when, in actual fact, the same goods were never sold at that particular price. Moreover, when a shop makes price comparisons, the previous price should be the last price at which the goods were available before the sales period.
During sales, it is always worthwhile to first shop around and see what other shops are offering. Only by doing so can consumers find the best bargains. We should also keep in mind that it is considered a misleading practice for shops to display signs advertising a specific discount on all products and then sell items not on sale or are not discounted as advertised.
If, during our shopping, we encounter any misleading practices, we may report them to the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt
Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.