One of the legal obligations traders have is that the goods they sell to consumers must be as described in the contract of sale.

Nearly every kind of product consumers buy involves a description of some kind.

For instance, clothes usually have labels attached to them indicating the material used in their manufacture.

The specifications of other products may be described on their packaging.

In some cases the product description is not written down but communicated verbally by a salesperson. When the decision to buy such goods is solely based on the trader’s verbal description, it can be hard to prove that the consumer was given a false description.

So it is best that consumers make sure they are given something in writing about the goods they are going to buy. In case of a dispute it would be useful if consumers kept handy any documentation such as sales literature, an advertisement or a webpage, as proof of the description given of the goods.

Sometimes consumers buy or order goods after seeing a sample in a shop, without seeing the actual product they will eventually acquire. In such situations, the goods delivered to consumers must match the sample in the shop, as well as their description.

If goods do not match their description the law gives consumers the right to claim a remedy. In the first instance, consumers are entitled to repair or replacement of the product free of charge, or when such remedies are not possible or may cause a significant incon­venience to consumers, they are entitled to a refund of part of the price or revocation of the contract.

Consumers are not entitled to request a full refund where the lack of conformity is only minor or insignificant. The claim for such remedies applies regardless of where the consumer bought the goods, for example in a shop, on the internet or from a catalogue.

The time limit by when con­sumers can make a claim for remedy or compensation is two years from the delivery of the goods. This time period is suspended while the con­sumer and the trader are negotiating to find an amicable solution.

When consumers notice that the products purchased do not conform to the description given during the sale, they should immediately inform the seller and request a remedy. If complaining to the trader is not enough to resolve the problem, consumers should file a complaint with the Office for Consumer Affairs.

odette.vella@mccaa.org.mt

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