The Consumer Rights Regulations stipulate that if a trader agrees to deliver goods ordered within a specific period of time and fails to carry out the delivery on or before the agreed date, consumers have the legal right to terminate the contract of sale.

When no specific delivery date is agreed at the time of sale, the trader is obliged to deliver the goods ordered to the consumer without undue delay and not later than 30 days from the conclusion of the contract of sale.

If the trader fails to deliver the goods within this period of time, the consumer must ask the trader, through a durable medium, to make the delivery within an additional and appropriate period of time. If this date is not honoured by the trader, the consumer has the right to terminate the contract of sale.

When consumers agree on a specific delivery date, it is essential that the agreed date is stipulated in the contract of sale. Such contracts should also include information about the deposit paid and details on how the rest of the payment will be made.

Furthermore, to avoid unpleasant surprises, consumers should check about transport charges. Such charges should be clearly included in the contract of sale.

When no specific delivery date is agreed at the time of sale, the trader is obliged to deliver the goods ordered to the consumer without undue delay

Goods ordered may arrive damaged or broken. In such a situation, the person responsible to provide a remedy is the seller. Whatever disclaimer the seller may include in the sales contract, it is legally unenforceable, because the seller is liable for any damages that may occur to the goods before these arrive at the consumer’s house.

However, whenever possible, consumers should always examine the goods before signing the delivery note. Most sellers usually grant a period of time, during which consumers can inspect the delivered goods and report any damages.

Such a deadline is usually written black on white as one of the terms and conditions in the contract of sale. While it is the consumer’s responsibility to observe the deadline, the amount of time stipulated by the seller should be reasonable.

Damaged goods are to be sent back to the supplier at his own cost. If repair or replacement is to be carried out, this should take place within a reasonable period of time and should not cause a significant inconvenience to the consumer. If such inconvenience cannot be avoided, then consumers may claim a refund.

Distance-ordered goods can be legally returned to the supplier even if they are not damaged. When making such purchases, consumers have a 14-day cooling-off period, during which they can change their mind and claim back any money paid.

The only charge that may be imposed on consumers is the direct cost of returning the goods, as long as they are informed about this expense before placing the order.

Once the distance trader is informed about the consumer’s intention to withdraw from the distance contract, the trader has 14 days to reimburse the money paid.

odette.vella@mccaa.org.mt

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